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HomeMy WebLinkAbout2009-133 //a /0 � C 0 A SECTION No . : 88000403 C P�yevl FM No . ( s ) : 426248 -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 20th Avenue as part of the County Roadway System from Oslo Road (9th Street Southwest) (southerly terminus ) to SR-60 ( northerly terminus ) ; and WHEREAS , the DEPARTMENT seeks to install and have maintained by the AGENCY certain Roadway improvements within the right of way of 201h Avenue 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 201h Avenue from Oslo Road ( 9th Street Southwest) to SR-60 as described within Exhibit A, [ Financial Project Identification Number 426248- 1 =52 - 01 , FAP# ARRA- 100- 13 , 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 - 063 Now dated May 12 20 0 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 Page 1 of 4 Y Y participation in the 20" Avenue transportation improvements . 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 COUNTY COMMISSIONERS CAL1 V'Q By , — Clerk o the County Commissioners Wesley Davis , Chairmarf'e J . K , 8 ,'A1 "1 ON 12th day of May 2009 CLERK CIRCUIT COURT ATTEST : Joseph A Baird , County Administrator Approved as to form by Office of County Attorney fd By slV09 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 i SECTION No . : 88000403 FM No . ( s ) 426248 - 1 -52 -01 COUNTY . INDIAN RIVER S . R. No. : NIA EXHIBIT A PROJECT IMPROVEMENTS AND SCOPE ALL of the improvements are within the AGENCY' s (the County) Right of way . Summary of Work : • Mill 1 " and resurface with 2" 3 . 5 miles of roadway • Install guardrail at west canal bank from 12th Street to SR-60 • Repair shoulder were necessary • Retrofit curb ramps to meet ADA standards as necessary • Replace strain poles with mast arms at five ( 5 ) intersection • Install signal interconnect from 4th St to SR 60 • Upgrade pavement markings • Replace signs that are damaged or that do not meet FDOT standards . Typical Section From Oslo Rd . to 12Th St : • 2 - Lane undivided roadway • Concrete sidewalk on at least one side of the road • No curb and gutter in most of the segment only at some intersection approaches From 12th St to SR 60/20Th St : • 4-Lane paved divided by grassy median and a canal • Concrete sidewalk on at least one side of the road • No curb and gutter in most of the segment Signing and Pavement Markings • Existing signs will remain . • Only signs that are damaged , defaced or do not meet the current FDOT standards will be replaced . ADA • Curb ramps will be retrofitted to comply with ADA standards . Drainage • Replace cross drains at 14th Place and 151h St Landscape • Landscaping is not included on this project . Page 4 of 4