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HomeMy WebLinkAbout2022-226SECTION No.: 88061000 FM No.: 31521-1 AGENCY: Indian River Count C.R. No.: 606 DISTRICT FOUR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, entered into this I day of i�C- �_ , 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, hereinafter called the AGENCY collectively referred to as Parties. WITNESSETH: WHEREAS, the AGENCY has jurisdiction over Oslo Road � as part of the County (roadway system from 182nd Ave to l 58th Ave (Kings Highway)l 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 1431521-4 which involves lwidening and reconstructing Oslo Roadl; 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 (WHEREAS, pursuant to that certain Right of Way MOA between the AGENCY and the DEPARTMENT dated July 15, 2021, 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 WHEREAS, the AGENCY by lResolution Ion the day of NU a 20=Za 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. - 1 - 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. 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�l 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. 5. 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 2018, as amended (c) Governing standards and specifications: FDOT Design Standards dated FY 2022-23, as amended (d) Standard Specifications for Roadway and Bridge Construction dated 2022, 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, pavement marking, lighting, signalization, sidewalk, and drainage systems. 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. 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: 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 -2- 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 COUNTY will pay for this work. 9.Signals: The AGENCY shall cooperate with the DEPARTMENT to effect signal and interconnect connections for the Project. I 10. Drainage: Closed 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 -3- 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 lFinal Proposed Construction plansl. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. 14. The DEPARTMENT will provide the AGENCY with as-builts as a part of the final acceptance package. 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. FOR DEPARTMENT: FLORIDA DEPARTM T OF TRANSPO ION I TRICT FOUR By: Administrative Assistant: Steven C. Braun, P.E. -'/ Director of Transportation Development Print Name: I Legal roval: _ 44isctFour Attorney ATTEST: Jeffrey R. Smith Clerk of Court and Comptroller By:llj)JAG�4yl De uty Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY V illiam K. DeBraall Deputy County Attorney FOR AGENCY: BOARD OF COUNTY COMMISIONSERS INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan , Chairman `yR�VER COU��• This Memorandum of Agreement has been duly authorized and approved on Nov. 1. 2022 by Indian River County Resolution No. 2022-084 -5- SECTION No.: 88061000 FM No.: 31521-11 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 right-of-way. Typical Section • 2 travel lanes in each direction • Bike lanes and sidewalk on both sides Signing and Pavement Markings Signalization • New mast arm signal at 66th Avenue • Signal interconnect Drainage • Closed drainage system • 3 storm water management ponds Permits • The FDOT will acquire in the AGENCY's name. Lighting • Roadway lighting at signalized intersections SECTION No.: 88061000 FM No.: 431521-1 AGENCY: Indian River County C. R. No.: 606 EXHIBIT B AGENCY's Resolution