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Home My WebLink AboutAgreement_General_06/23/2009SECTION No.: N/A FM No. (s): 426480-1-52-01 LOCATION: Village of Tequesta 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, acomponent agency of the State of Florida, hereinafter called the DEPARTMENT and the VILLAGE OF TEQUESTA, a political subdivision, existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the AGENCY has jurisdiction over the TEQUESTA DRIVE BRIDGE (Bridge Number 930227) that crosses the north fork of the Loxahatchee River as part of the Village Roadway System from Pine Tree Drive (westerly terminus) to W. Riverside Drive (easterly terminus) within the limits of the Agency; and WHEREAS, the DEPARTMENT seeks to install and have maintained by the AGENCY certain Highway improvements within the right of way of TEQUESTA DRIVE 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 is identified and known to the parties as the "Tequesta Drive Bridge Replacement and Road Improvements," Financial Project Identification Number 426480-1-58-01, FAP # ARRA-028-B, 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. 18-09 dated June 23 , 20 09 , attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; Page 1 of 5 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 Tequesta Drive Bridge Replacement and Roadway Improvements. 2. The AGENCY shall allow the DEPARTMENT and its contractors to enter on the AGENCY Right of way to construct this project as described in Exhibit A. 3. 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 2007, as amended by contract documents section 5- 11) and Notice thereof to the AGENCY, the AGENCY shall be responsible for maintenance of said project in accordance with the following Federally and State accepted standards and all costs related thereto: (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. 4. 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. 5. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 6. LIST OF EXHIBITS Exhibit A: Project Improvements and Scope Page 2 of 5 tN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year provided below. ATTEST: Michael R. o, J . Village Man ger U ti 6Lt, CY~~(~t.¢,Q.~tC~i~ Lori McWilliams, CMC Village Clerk _,~,,,,„,,,,,,,,. [VILLAGE SfiL'p'~ '9j;~~.; ~q ~`:~, '~,~,JM~4RPpRAL :n f~ -. ~• 9~'•. .,,~~~~0~,, F I.~OP`~~~~~ AGENCY VILLAGE OF TEQUESTA, through its VILLA COUNCIL By 4~.. ~~~~~ Mayor a 3 day of ~~- , 2009 -v Approved as to f by Village Attorney Village ida gy .~.- '`~-~. Village Attorney DEPARTMENT ATTEST: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By o Tr sportat on Developme Director Approval as to Form: District General ounsel (`J.?5T09) Page 3 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year provided below. ATTEST: Michael R. Cou , Jr. Village Manager ~ o~ r~~ ~, Lori McWilliams, CMC Village Clerk [VI LLAG E ATTEST: S' ~~ m' '~ iN~oAF,q~ "' ~ Executive Secretary (SEAL) AGENCY VILLAGE OF TEQUESTA, through its VILLAGE COUNCIL By ~L~~ ~.~~~ Mayor o~ 3 day of , 2009 Approved as t m by Village Attorney Village of, ue ,Florida By ~w--- Village DEPARTMENT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION sy Transportation Development Director Approval as to Form: District General Counsel (_/_/09) Page 3 of 5 SECTION No.: FM No. (s): LOCATION: S.R. No.: EXHIBIT A PROJECT IMPROVEMENTS AND SCOPE N/A 426480-1-52-01 Village of Tequesta N/A ALL of the improvements are within the AGENCY's (the Village of Tequesta) Right of way. Summary of Work: The project includes the complete replacement of the Tequesta Drive Bridge that crosses the north fork of the Loxahatchee River. The new bridge will be raised five feet, requiring road and drainage improvements on either side of the bridge from Pine Tree Drive to W. Riverside Drive The proposed improvements include but are not limited to clearing and grubbing, roadway reconstruction, bridge removal and construction, curb and gutter, sidewalk, shoulder barrier, driveway, pavement marking and signage, street lighting improvements, storm drain system improvements, and other miscellaneous improvements. Roadway Construction Removal and replacement of the existing roadway system within the right of way including but not limited to clearing and grubbing, all base and asphalt materials, concrete curbs and gutters, sidewalks and trees, and all driveway materials. All utility relocations required for the construction of the proposed project improvements will be complete prior to the commencement of construction activities. Bridge Construction Removal of the existing bridge and construction of a new bridge including but not limited to piers, bents, parapets, railing, substructure and superstructure. Signing and Pavement Markings Install traffic signage and striping conforming to FDOT standards and best practices. Street Lighting Systems Construct the new street lighting systems including all poles, underground conduits, pull boxes, service connection assemblies and lighting fixtures. Coordinate with the effected utility companies for providing electricity for the proposed lighting system. Drainage Improvements Removal and replacement of portions of the existing storm water system infrastructure including but not limited to storm inlets, manholes, laterals and other miscellaneous appurtenances. Page 4 of 5 Maintain positive storm water drainage within the project area at the times during the duration of the project. Maintenance of Traffic Furnish, provide, implement, install and maintain all maintenance of traffic (MOT) plans, permitting and installations that conform to all FDOT standards and best practices. Maintain vehicular and pedestrian traffic to all private properties at all time. Survey Services Responsibility for any and all necessary surveying services, including construction layout, and providing FDOT with as-built surveys. All survey work shall be performed by a surveyor licensed to practice in the State of Florida. Page 5 of 5