Loading...
HomeMy WebLinkAbout2022-224SECTION No.: 88061000 FM No.: 13048-2 AGENCY: Indian River County C.R. No.: 606 DISTRICT FOUR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, entered into this _day of P (- C— , 202 7Z and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and lindian River County, a political subdivision of the State of Florida, hereinafter called the AGENCY collectively referred to as Parties. WITNESSETH: WHEREAS, the AGENCY, as part of the County Roadway System has jurisdiction over:l Oslo Road from 90th Ave to 82nd Ave; 86th Ave from Oslo Road to 13th Street SW 5th Street SW from 82nd Ave to 74th Ave; 82nd Ave from 1st Street SW to Oslo Road; 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 (413048-2I, which involves (constructing a new interstate interchange, widening Oslo Road, realigning 82nd Ave to accommodate the new interchange, and constructing 13th Street SW4- hereinafter referred to as the "Project", as more particularly described in Exhibit A; and WHEREAS, this project is eligible for use of ARPA state funds; and �VHEREAS, pursuant to that certain Right of Way MOA between the AGENCY and the DEPARTMENT dated February 7, 2020, and all subsequent amendments thereto, the DEPARTMENT will acquire Right of Way for the project on behalf of AGENCY; and WHEREAS, upon acquisition of the necessary right-of-way, 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 - 1 - WHEREAS, the AGENCY by IResolution Ion the day of ;✓0 V 207-7a copy of which is attached hereto as Exhibit B 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. 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. 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. I 3. The Agency will construct paved surfaces on 90th Avenue from 13th Street SW to Oslo Road, and Oslo Road from 901h Avenue to the western project limits.I 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 DEPARTMENT shall 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 Iroadway, sidewalk, signing and pavement marking, and drainage systems that are outside of the Limited Access ROW I. a. The AGENCY grants to the DEPARTMENT all rights necessary to enter and construct the Project. b. The Department shall give the AGENCY seven (7) days' notice before final inspection. The AGENCY will have the opportunity to inspect and identify corrections to the PROJECT within seven (7) days' notice and the DEPARTMENT agrees to undertake those corrections prior to final acceptance so long as the corrections comply with the Final Proposed Construction plans and specification previously approved by both the DEPARTMENT and the AGENCY. wa c. If the project requires one or more permits that are revocable by the permitting entity and the permitting entity's needs require the removal of the project facility or any portion of it, either: i. The facility would be reconstructed or relocated in such a way as to continue serving the same need (e.g., roadway and sidewalk connectivity) at the Agency's expense and a funding source would be made available; or ii. Federal funds would be repaid, again at the Agency's expense. The useful life of the facility would be determined and a schedule for repayment developed (i.e., the amount of repayment necessary for each year of the remaining useful life of the facility at the time of its removal). 6. Warranties: The DEPARTMENT shall transfer any applicable warranties to the AGENCY. 7. 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 solely responsible for ensuring that the Project remains 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. The AGENCY shall be the applicant for all occupancy permits that are required for the Project. 8. 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. At its own expense, 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; 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 timely comply with said request. a. AGENCY'S Utilities: The AGENCY shall relocate and adjust its own utilities including connection with utility customers. The Parties will enter into an agreement to relocate and adjust utilities. The DEPARTMENT will pay for this work as part of the project cost. The PARTIES will enter into a separate agreement to extend utilities west of 82nd Avenue. The COUNTY will pay for this work. 9.Signals: The AGENCY shall cooperate with the DEPARTMENT to effect signal and interconnect connections for the Project. -3- 10. 1Drainagel: Drainage system and storm water management ponds shall be maintained per permit.) 11. 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. 12. 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. 13. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings as represented in the IFinal 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. 1 I 14. The DEPARTMENT will provide the AGENCY with as-builts as a part of the final acceptance package. 1 15. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 16. LIST OF EXHIBITS • Exhibit A: Project Scope • Exhibit B: AGENCY's Resolution • Exhibit C: Executed ROW MOA [This space intentionally left blank.] -4- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year provided below. Administrative Assistan — iwl MIKE 11 1. ZIP -61 I I , M, - E I � ATTEST: Jeffrey R. Smith Clerk of Court and Comptroller By: lalav- D4uty Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY lam K. DeBraal Deputy County Attorney FOR DEPARTMENT: FLORIDA DEPARTMENT OF TRANSPO 10 TRICT FOUR By: Steven . Braun, P.E. Director of Transportation Development Legal ,Aoroval: I� Four Attorney FOR AGENCY: BOARD OF COUNTY COMMISIONSERS INDIAN RIVER COUNTY, FLORIDA � .�yCphlMlSgj`� By: +' .j yo ✓F9s Peter D. O'Bryan = *; �•1 VV��++" Chairman �•. ,: oma: This Memorandum of Agreement has been duly authorized and approved Indian River County Resolution No. 2022-083 -5- Nov. 1, 2022 by SECTION No.: 88061000 FM No.: 13048-2 AGENCY: Indian River County C.R. No.: 606 EXHIBIT A PROJECT SCOPE All of the improvements are to be completed by DEPARTMENT within the AGENCY's existing land proposed fright -of -way. Oslo Road — Two travel lanes in each direction. Relocated 82nd Ave — 2 travel lanes, with curb and gutter and sidewalks, closed drainage system. Old 82nd Ave—turn around cul-de-sac. 86th Ave—turn around cul-de-sac. 13th Street SW — 2 travel lanes between 86th Ave and 901h Ave, open drainage system. Permits will be acquired for the project as a whole. Post construction, permit requirements for the County roadway portion will become the responsibility of the County. SECTION No.: 88061000 FM No.: 13048 - AGENCY: Indian River County C.R. No.: 00 103:11:11[9:3 AGENCY's Resolution