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HomeMy WebLinkAbout2009-131 SECTION No . . 88030003 FM No . ( s ) : 426250 -1 -52 -01 COUNTY . Indian River County S . R . No . : Old Dixie Highway DISTRICT FOUR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT , made and entered into this day of 2009 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 Old Dixie Highway as part of the County Roadway System from 12th Street to 201h Street ( SR 60 West bound ) ; and WHEREAS , the DEPARTMENT seeks to install and have maintained by the AGENCY certain Roadway improvements within the right of way of Old Dixie Highway 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 Old Dixie Highway from 12th Street to 201h Street ( SR 60 West bound ) as described within Exhibit A, [ Financial Project Identification Number 426250- 1 - 52 -01 , FAP# 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 - 061 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 undertakQn the project and obtained the approval of Federal participation in the Old Dixie Highway 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 Page 2 of 4 IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the day and year provided below . AGENCY ATTEST : INDIAN RIVER COUNT( , through its BOARD OF CO TY COMMISSIONERS C Clerk to the County Commissioners Wesley Davis , Chairman JoKo B «; TUU 12th day of CLERK CIRCUIT COUP i MaY 2009 ATTEST : Joseph A Baird County Administrator Approved as to form by Office of County Attorney By County Attorney ATTEST : STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Executive Secretary By ( SEAL ) Transportation Development Director Approval as to Form : District General Counsel (_/_/09 ) Page 3 of 4 SECTION No . : 88030003 FM No . ( s ) 426250 - 1 -52-01 COUNTY : INDIAN RIVER' S . R . No. : Old Dixie Highway EXHIBIT A PROJECT IMPROVEMENTS AND SCOPE ALL of the improvements are within the AGENCY ' s (the County ) Right of way . Typical Section From 12th Street to 20th Street ( SR 60 West bound ) • 2- Lane undivided roadway • Concrete sidewalk on small sections of the road • No curb and gutter in most of the segment only at some intersection approaches Summary of Work : • Mill 1 " and resurface 1 . 01 miles of roadway ( Old Dixie Highway) • Retrofit curb ramps to meet ADA standards as necessary • Replace strain poles with mast arms at one ( 1 ) intersection • Upgrade pavement markings Signing and Pavement Markings • Existing signs will remain . ADA • All ADA ramps along the project will be upgraded to meet ADA standards . Signalization • Existing traffic signal at 12th Street on Old Dixie Highway will be replaced with mast arm poles with internally illuminated signs at this signal . Page 4 of 4