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850-040.89 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ` C{ IOU / I 1 MAINTENANCE CONSTRUCTION AGREEMENT 0GC - 06/10 Page 1 of 4 co THIS CONSTRUCTION AGREEMENT (this " Agreement") is made and entered into by and�b✓etween the State of Florida , Department of Transportation , 3400 West Commercial Blvd . Fort Lauderdale FL . 33309 ( hereinafter referred to as the " DEPARTMENT") and Indian River Count Board of Count Commissioners 1801 27th Street , Vero Beach Florida 32960 (hereinafter referred to as the "Construction Coordinator" ) . WITNESSETH : WHEREAS , the DEPARTMENT is authorized and required by Section 334 .044( 13) , Florida Statutes , to coordinate the planning , development, and operation of the State Highway System ; and WHEREAS , pursuant to Section 339. 282 , Florida Statutes , the DEPARTMENT may contract with a property owner to finance, construct, and improve public transportation facilities ; and WHEREAS , the Construction Coordinator proposes to construct certain improvements to SR 60 Section 88060 Subsection from Begin MP 26 . 872 to End MP Local Name SR 60 & 66 Avenue located in Indian River County County ( hereinafter referred to as the " Project" ) ; and WHEREAS , the parties desire to enter into this Agreement for the Construction Coordinator to make improvements within the DEPARTMENT'S right of way to construct the Project, which will become the property of the Department upon acceptance of the work . NOW, THEREFORE , based on the premises above , and in consideration of the mutual covenants contained herein , the parties hereby agree that the construction of the Project shall proceed in accordance with the following terms and conditions : 1 . The recitals set forth above are specifically incorporated herein by reference and made a part of this Agreement. The Construction Coordinator is authorized , subject to the conditions set forth herein , to enter the DEPARTMENT'S right of way to perform all activities necessary for the construction of See attached exhibit A scope of services/special provisions . 2 . The Project shall be designed and constructed in accordance with the latest edition of the DEPARTMENT' S Standard Specifications for Road and Bridge Construction and DEPARTMENT Design Standards and Manual of Uniform Traffic Control Devices (" MUTCD") . The following guidelines shall apply as deemed appropriate by the DEPARTMENT : the DEPARTMENT Structures Design Manual , AASHTO Guide Specifications for the Design of Pedestrian Bridges , AASHTO LRFD Bridge Design Specifications , the DEPARTMENT Plans Preparation Manual (" PPM") Manual for Uniform Minimum Standards for Design , Construction and Maintenance for Streets and Highways (the " Florida Green Book" ) and the DEPARTMENT Traffic Engineering Manual . The Construction Coordinator will be required to submit any construction plans required by the DEPARTMENT for review and approval prior to any work being commenced . Should any changes to the plans be required during construction of the Project, the Construction Coordinator shall be required to notify the DEPARTMENT of the changes and receive approval from the DEPARTMENT prior to the changes being constructed . The Construction Coordinator shall maintain the area of the project at all times and coordinate any work needs of the DEPARTMENT during construction of the project. 3 . The Construction Coordinator shall notify the DEPARTMENT a minimum of 48 hours before beginning construction within DEPARTMENT right of way . The Construction Coordinator shall notify the DEPARTMENT should construction be suspended for more than 5 working days . 4 . Pursuant to Section 7- 13 of the DEPARTMENT Standard Specifications , the Construction Coordinator is required to possess a general liability insurance naming the DEPARTMENT as an additional insured and insuring the DEPARTMENT and the Construction Coordinator against any and all claims for injury or damage to persons and property, and for the loss of life or property that may occur (directly or indirectly) by reason of the Construction Coordinator accessing DEPARTMENT right of way and the Construction Coordinator's performance of the Projecand 00/ 100 Such amount shall be carried in a minimum amount of not less than N/A Dollars ($ 0 .00 ) for bodily injury or death to any one person or any number of persons in any one occurrence , and not less than N/A and 001100 Dollars ($ 0 .00 ) for property damage , or a combined coverage of not less than N/A and 00/ 100 Dollars ($ 0 .00 ) . Additionally, the Construction Coordinator shall supply the DEPARTMENT with a payment and performance bond in the amount of the estimated cost of construction , provided by a surety authorized to do business in the State of Florida, payable to the DEPARTMENT . The bond and insurance shall remain in effect until completeon of as the DEPARTMENTnstruction and ance by the EPARTMENT . Prior to commencement may reasonably require, f the the the Const u t n Coordinator shall provide on such other occasionsde the