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HomeMy WebLinkAbout2015-062RESOLUTION NO. 2015- o62 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER - COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF DISTRICT FOUR MAINTENANCE MEMORANDUM OF AGREEMENT FOR THE TRANS -CENTRAL FLORIDA RAILROAD GREENWAY FROM 104TH AVENUE TO NORTH COUNTY REGIONAL PARK FM #432574-2-52-01 WHEREAS, The Trans -Central Florida Railroad Trail is the centerpiece of the North Indian River County Greenways Plan and is the highest ranked transportation - enhancement priority of the Indian River County MPO; and WHEREAS, in consideration of the Department's construction of the Rail -Trail project, FDOT requests that Indian River County maintain the portions of the completed trail within the County's jurisdiction. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Chairman is authorized to execute the Attached District Four Maintenance Memorandum of Agreement. The resolution was moved for adoption by Commissioner pi pgrhPY , and the motion was seconded by Commissioner Davi G , and, upon being put to a vote, the vote was as follows: Commissioner Wesley S. Davis, Chairman Aye Commissioner Bob Solari, Vice -Chairman Aye Commissioner Joseph E. Flescher AVP Commissioner Peter D. O'Bryan Aye Commissioner Tim Zorc Aye The Chairman thereupon declared the resolution duly passed and adopted this 19th day of May , 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA B6 Chairman ;:tea• 1,>�,i� :�� . FACommunity Development\Users\MPO\Meetings\BCC\2015\Trans-central Rail trail MMOA resolution 05-19-15.doc , ATTEST:XJeffr. Smith, of ourt By: e Approved as to form and -Le Ii iency By: William K. Braal Deputy County Attorney and Comptroller FACommunity Development\Users\MPO\tAeetings\BCC\2015\Transcentral Rail trail MMOA resolution 05-19-15.doc ATRUECOPY CERTIFICATION ON LAST PAGE J.R. SMITH. CLERK ATRUECOPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK SECTION No.: N/A FM No.: 432574-2-52-01 AGENCY: Indian River County C.R. No.: N/A DISTRICT FOUR HIGHWAY 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, , hereinafter called the AGENCY. WITNESSETH: WHEREAS, the.AGENCY has jurisdiction over Central Railroad Corridor Greenway.(CRCG) trail, as part of the Trans -Florida Railroad Greenway from 1040 Avenue to North County Regional Park; 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 geographical limits and the AGENCY is desirous of having 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 from the AGENCY to maintain the project; and WHEREAS, pursuant to such authority, the DEPARTMENT and the AGENCY are desirous of having the DEPARTMENT construct certain improvements more particularly described as Financial Project ID 432574-2, which involves construction of a pedestrian bridge over.State Road (SR) 9/1-95 and shared use path to the North County Regional Park and through lands in which the AGENCY has an interest; hereinafter referred to as the "Project", as more particularly described in Exhibit A. 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 Action/Resolution on the day of 20__, 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: The DEPARTMENT has undertaken and obtained the approval of Federal participation for the Project, as more particularly described in Exhibit A. - 1 - A TRUECOPY 'CERTIFICATION ON LASTPAGE J.R. SMITH, CLERK 2. The AGENCY shall allow the DEPARTMENT and its contractors to enter onto the existing AGENCY property, including easements on property acquired by the DEPARTMENT, to construct this Project. No further permit or agreement shall be required to construct this project. 3. The AGENCY shall continue to maintain the existing shared use path and any property owned by AGENCY until the DEPARTMENT begins construction of the Project. 4. It is understood and agreed, by the parties that upon "final acceptance" by the DEPARTMENT of the Project, (as that term is described in the Standard Specifications for Roadway and Bridge Construction dated 2015, as amended by contract documents), and Notice thereof, to the AGENCY, the AGENCY shall be responsible for maintenance of said Project, at its own cost, in accordance with the following Federally and State accepted standards and all costs related thereto: (a) FDOT Plans Preparation Manual (PPM), current edition, (b) Florida Green Book dated 2011, as amended (c) Governing standards and specifications: FDOT Design Standards dated 2015, as amended (d) Standard Specifications for Roadway and Bridge Construction dated 2015, as amended by contract documents, and (e) Manual on Uniform Traffic Control Devices (MUTCD), current edition, or as amended. Maintenance of said Project includes, but is not limited to, infrastructure within the limits of the project. This provision, however, shall not preclude the AGENCY from entering into agreements with other entities for maintenance of infrastructure installed with the Project. Additionally, upon final acceptance the DEPARTMENT shall convey all acquired property interests to the AGENCY. The Department shall give the AGENCY ten (10) days notice before final acceptance. o The AGENCY grants herein to the DEPARTMENT all rights necessary to enter and construct the Project. 5. The AGENCY shall execute "Local Government Right of Way Certification Statement", attached as Exhibit B, indicating that the PROJECT can be completed within the public right of way, and/or that no additional right of way is required. 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 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. 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 Ira ORUECORY 'J"ERTIFICATION ON LASTPAGE 1.R. SMITH, CLERK 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. This shall also include having the AGENCY require the Utility to relocate or adjust if the utility is there by permit, as necessary. 9. Signals: The AGENCY shall cooperate with the DEPARTMENT, to the extent necessary, to affect signal and interconnect connections for the Project, if needed. 10. The DEPARTMENT and the AGENCY shall keep the commitments established in the Minor Categorical Exclusion (MICE) and as amended by approved re. -evaluations. 11.. Drainage: Drainage shall be maintained by the AGENCY. 12. Unforeseen issues: If unforeseen issues shall arise, the AGENCY shall cooperate with the DEPARTMENT, to the extent necessary; in order to construct the Project including but not limited to executing documents, allowing the DEPARTMENT or its contractor to enter into any real property owned, possessed and controlled by the AGENCY or any other Occupancy right the AGENCY may have. 13. E -verify requirements: The AGENCY: C 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 Y 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. 14. 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. 15. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 16. LIST OF EXHIBITS o Exhibit A: Project Improvements and Scope o Exhibit B: Local Government Right-bf-Way Certification Statement [This space intentionally left blank.) -3- A TRUECOPY 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: .G. A R ' J. R. S ITH CLERK CIRCUIT COURT ATTEST: AGENCY INDIAN RIVER COUNTY, through its BOARD OF COUNTY COMMISSIONERS By 19th day of May 2015 1;. J� t8N v: _��9NRl'✓ER C�V���'�� Approved as to form by Office of County Attorney APPROVED AS '70 F Ri`i AND S Fick " By: 1F3Y � DEPARTMENT t'tp` CYC -J; -.T A"'TOR* EY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Executive Secretary Transportation Development Director (SEAL) day of 20 Approval: Office of the General Counsel (Date) -4- y rHUECOPY CERTIFICATION ON LASTPABE J.R. SMITH. CLERK SECTION No.: N/A FM No.: 432574-2-32-01 AGENCY: Indian River County .C.R. No.: N/A EXHIBIT A PROJECT SCOPE All of the improvements are to be completed by the DEPARTMENT within the AGENCY's existing Trans - Florida Central Railroad right-of-way and/or all acquired property interests to be acquired by the DEPARTMENT for the AGENCY. Typical Section The proposed project has two typical sections: a 12 -.foot shared use path and a pedestrian bridge. Signing and Pavement Markings Implement signing as coordinated with Indian River County. Pavement markings will be limited to necessary features for 102"d Terrace. Drainage Include and open drainage system with swales and minor culvert crossings. Permits The FDOT will acquire in the AGENCY's name. -5- EXHIBIT B a4 ��, L_ t�� l f'' �d �'a -1 Ft I l ; 3� �- i1} � V�'E ,� ( ; 1•, � i I 6` �� �; � ISD r -a � f't t ` No Additional Right of Way Required LOCAL AGENCY: Indian River County STATE ROAD: N/A R/W ITEM/SEGMENT NO.: N/A DESCRIPTION: Central Railroad Corridor Greenway CRCG) trail from 104`h Avenue to North County Regional Park CONST. ITEM SEGMENT NO.: 432574-2 F.A.P. NO.: 8886 440 A LETTING DATE: July 26, 2016 I, the signature below certify and represent that the following interests inland (Right of Way) will NOT be required for the construction of this project: 0 Fee Title —land on which a permanent improvement is to be placed and maintained. 0 Perpetual Easement— maybe used when permanent improvement is to be constructed and maintained on a parcel for which acquisition of fee title is impractical. 0 Temporary Easement —used when it is necessary to temporarily occupy a parcel. No improvement that is a permanent part of the transportation facility or that requires maintenance beyond the term of the easement will be constructed on the temporary easement. The right of way maps/sketches have been compared to the construction plans and the right of way, as shown, will accommodate the planned construction. The construction activities will be performed in the existing right of way. The contractor will not be required to temporarily enter upon property not owned by the local government executing this statement for the purpose of restoration and harmonization. There are no encroachments within existing right of way that impact the construction project: Local Agency: Indian River County s /iq/is * SIGNATURE DATE PRINTED NAME *NOTE: (Must be authorized employee of the local agency)