HomeMy WebLinkAbout2009-132 coplifoo q - 3 .Z,
SECTION No . : N/A
FM No . ( s ) : 426249 = 1 -52 -01
COUNTY : Indian River County
S . 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 the Indian
River COUNTY , a political subdivision , existing under the Laws of Florida , hereinafter called the
AGENCY .
WITNESSETH :
WHEREAS , the AGENCY has jurisdiction over County Road 507 as part of the County
Roadway System from Fellsmere city limit to Brevard County Line ; and
WHEREAS , the DEPARTMENT seeks to install and have maintained by the AGENCY
certain Roadway improvements within the right of way of County Road 507 as described within
Exhibit A ; and
WHEREAS , pursuant to § 339 . 07 and 339 . 08 , Florida Statutes and the American
Recovery and Reinvestment Act of 2009 (ARRA) , the DEPARTMENT is authorized to undertake
a project within the AGENCY geographical limits and the AGENCY is desirous of having this
improvement constructed ; and
WHEREAS , the said project involves milling and resurfacing of County Road 507 as part
of the County Roadway System from Fellsmere city limit to Brevard County Line as described
within Exhibit A, [ Financial Project Identification Number 426249 - 1 - 52 - 01 , FAP# ARRA-036 -
BJ which will benefit the AGENCY ; and
WHEREAS , in accordance with Federal law and Federal Highway Administration
regulations issued pursuant thereto , there must be an agreement from the AGENCY to maintain
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 No . 2009 - 062 dated May 12 2009
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 . The DEPARTMENT has undertaken the project and obtained the approval of Federal
participation in the County Road 507 transportation improvements .
Page 1 of 4
2 . The AGENCY shall allow the DEPARTMENT and its contractors to enter on the County
Right of way to construct this project .
3 . The DEPARTMENT will not purchase or transfer right- of-way . All improvements will be
completed within the AGENCIES currently owned right- of-way .
4 . It is understood and agreed by the parties that upon notice of final acceptance
by the
DEPARTMENT of the project , the AGENCY shall be responsible for its costs , for maintenance
of said project in accordance with the following Federally and State accepted standards : ( a )
FDOT Plans Preparation Manual ( PPM ) , ( b) Florida Green Book dated 2007 ( c) Standard
Specifications for Roadway and Bridge Construction dated 2007 , as amended by contract
documents , and ( d ) Manual on Uniform Traffic Control Devices ( MUTCD ) , current edition .
5 . 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 .
6 . This Agreement shall be governed , interpreted and construed according to the laws of the
State of Florida .
7 , LIST OF EXHIBITS
Exhibit A : Project Improvements and Scope
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IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the day
and year provided below .
AGENCY
ATTEST :
INDIAN RIVER COUNTY , through its
BOARD OF COUNTY COMMISSIONERS
Clerk o the County Commissioners esiey Davis , C airman
J .K • BARTON 12th day of Ity 2009
M . FRK CIRCUIT CO !JP -
ATTEST :
Joseph A" Baird
County Administrator Approved as to form by Office of
County Attorney
B y tjir 44 �
62 S/ 14 J09
019 County Attorney
ATTEST : STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Executive Secretary
By
( SEAL ) Transportation Development Director
Approval as to Form :
District General Counsel (_/_/09)
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SECTION No . . NIA
FM No. ( s ) 426249-1 -52-01
COUNTY : INDIAN RIVER
S . R . No . : N/A
EXHIBIT A
PROJECT IMPROVEMENTS AND SCOPE
ALL of the improvements are within the AGENCY ' s (the County) right of way .
Summary of Work .
• Roadway mill and resurface
- Mill 1 - 112 " average depth ; 2 - 12 ' travel lanes
Superpave Traffic C , 2 " ; 2 - 12 ' travel lanes and 2 — 4 ' paved shoulders
Typical Section
• Two- lane undivided 24 ' roadway
• Four foot paved shoulders
Signing and Pavement Markings
• Restripe center and outside stripes
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