HomeMy WebLinkAbout2011-196 850-040.89
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ` C{ IOU / I 1 MAINTENANCE
CONSTRUCTION AGREEMENT 0GC - 06/10
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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
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DEPARTMENT with certificates documenting that the required insurance coverage is in place and effective
. If the
Construction Coordinator is a local governmental entity they will be exempt from these requirements .
5 . The Construction Coordinator shall be responsible for monitoring construction operations and the
maintenance of traffic ("MOT") throughout the course of the project in accordance with the latest edition of
the
DEPARTMENT Standard Specifications , section 102 . The Construction Coordinator is responsible for the development of
a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with
the latest
version of the DEPARTMENT Design Standards , Index 600 series . Any MOT plan developed by the
Construction
Coordinator that deviates from the DEPARTMENT Design Standards must be signed and sealed by a professional
engineer. MOT plans will require approval by the DEPARTMENT prior to implementation .
6 . The Construction Coordinator shall be responsible for locating all existing utilities , both aerial and
underground , and for ensuring that all utility locations be accurately documented on the construction plans .
All utility
conflicts shall be fully resolved directly with the applicable utility.
7 . The Construction Coordinator will be responsible for obtaining all permits that may be required by other
agencies or local governmental entities .
8 . It is hereby agreed by the parties that this Agreement creates a permissive use only and all improvements
resulting from this agreement shall become the property of the DEPARTMENT . Neither the granting of the permission to
use the DEPARTMENT right of way nor the placing of facilities upon the DEPARTMENT property shall operate to create
or vest any property right to or in the Construction Coordinator, except as may otherwise be
provided in separate
agreements . The Construction Coordinator shall not acquire any right, title , interest or estate in DEPARTMENT right of
way, of any nature or kind whatsoever, by virtue of the execution , operation , effect, or performance of
this Agreement
including , but not limited to , the Construction Coordinator' s use , occupancy or possession of DEPARTMENT right of way.
The parties agree that this Agreement does not, and shall not be construed to, grant credit for any future
transportation
concurrency requirements pursuant to chapter 163, Florida Statutes .
9 . The Construction Coordinator shall perform all required testing associated with the design and
construction of the project . Testing results shall be made available to the DEPARTMENT upon request. The
DEPARTMENT shall have the right to perform its own independent testing during the course of the Project.
10 . The Construction Coordinator shall exercise the rights granted herein and shall otherwise perform
this
Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this
Agreement and all applicable federal , state , local , administrative , regulatory, safety and environmental laws , codes , rules
,
regulations , policies , procedures , guidelines , standards and permits , as the same may be constituted and amended
from
time to time , including , but not limited to , those of the DEPARTMENT, applicable Water Management District,
Florida
Department of Environmental Protection , Environmental Protection Agency, the Army Corps of Engineers , the United
States Coast Guard and local governmental entities .
11 . If the DEPARTMENT determines a condition exists which threatens the public's safety, the
DEPARTMENT may, at its discretion , cause construction operations to cease and immediately have any potential hazards
removed from its right of way at the sole cost, expense, and effort of the Construction Coordinator . The
Construction
Coordinator shall bear all construction delay costs incurred by the DEPARTMENT .
12 . All work and construction shall be completed within 730 days of the date of the last signature affixed
to
this agreement. If construction is not completed within this time, the DEPARTMENT may make a claim on the bond . The
DEPARTMENT may terminate this Agreement at any time , with or without cause and without DEPARTMENT liability to
the Construction Coordinator, by providing sixty ( 60) days prior written notice of termination to the Construction
Coordinator .
13 . The Construction Coordinator shall be responsible to maintain and restore all features that might require
relocation within the DEPARTMENT right of way.
14 . The Construction Coordinator will be responsible for clean up or restoration required to
correct any
environmental or health hazards that may result from construction operations .
15 . Upon completion of construction , the Construction Coordinator will be required to submit to the
DEPARTMENT final as-built plans and an engineering certification that construction was completed in accordance to the
plans . Prior to the termination of this Agreement , the Construction Coordinator shall remove its presence, including ,
but
not limited to , all of the Construction Coordinator's property, machinery, and equipment from DEPARTMENT right of way
and shall restore those portions of DEPARTMENT right of way disturbed or otherwise altered by the Project
to
substantially the same condition that existed immediately prior to the commencement of the Project.
16 . If the DEPARTMENT determines that the Project is not completed in accordance with the provisions
of
this Agreement , the DEPARTMENT shall deliver written notification of such to the Construction Coordinator.
The
Construction Coordinator shall have thirty (30) days from the date of receipt of the DEPARTMENT'S written notice
, or
such other time as the Construction Coordinator and the DEPARTMENT mutually agree to in writing , to complete
the
Project and provide the DEPARTMENT with written notice of the same (the " Notice of Completion") . If the Construction
Coordinator fails to timely deliver the Notice of Completion , or if it is determined that the Project is not properly
completed
after receipt of the Notice of Completion , the DEPARTMENT , within its discretion may : 1 ) provide
the Construction
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Coordinator with written authorization granting such additional time as the DEPARTMENT deems appropriate to correct
the deficiency( ies ) ; or 2) correct the deficiency(ies ) at the Construction Coordinator's sole cost and expense,
without
DEPARTMENT liability to the Construction Coordinator for any resulting loss or damage to property, including , but
not
limited to , machinery and equipment . If the DEPARTMENT elects to correct the deficiency(ies ), the DEPARTMENT shall
provide the Construction Coordinator with an invoice for the costs incurred by the DEPARTMENT and the Construction
Coordinator shall pay the invoice within thirty ( 30 ) days of the date of the invoice .
17 . Nothing in this Agreement shall be deemed or otherwise interpreted as waiving the DEPARTMENT'S
increasing the limits of liability as set forth in Section 768 . 28 , Florida Statutes . The
sovereign immunity protections , or as
DEPARTMENT'S liability for breach of this Agreement is limited in amount and shall not exceed the limitations of liability
for tort actions as set forth in Section 768 . 28(5) , Florida Statutes .
18 . All formal notices , proposed changes and determinations between the parties hereto and those required
by this Agreement, including , but not limited to , changes to the notification addresses set forth below, shall be
in writing
and shall be sufficient if mailed by regular United States mail , postage prepaid , to the parties at the
contact information
listed below.
19 . The Construction Coordinator shall not cause any liens or encumbrances to attach to any
portion of
DEPARTMENT right of way .
20 . This Agreement shall be governed by the laws of the State of Florida in terms of
interpretation and
performance . Venue for any and all actions arising out of or in any way related to the interpretation , validity, performance
or breach of this Agreement shall lie exclusively in a state court of appropriate jurisdiction in Leon County, Florida .
21 . The Construction Coordinator may not assign , pledge or transfer any of the rights , duties and obligations
provided in this Agreement without the prior written consent of the DEPARTMENT' S District Secretary or
his/her
designee . The DEPARTMENT has the sole discretion and authority to grant or deny proposed assignments , with
or
without cause . Nothing herein shall prevent the Construction Coordinator from delegating its duties hereunder, but such
delegation shall not release the Construction Coordinator from its obligation to perform this Agreement.
22 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective
successors and assigns . Nothing in this Agreement is intended to confer any rights , privileges , benefits , obligations
or
remedies upon any other person or entity except as expressly provided for herein .
23 . This instrument , together with the attached exhibits and documents made part hereof by
reference ,
contain the entire agreement of the parties and no representations or promises have been made except those
that are
specifically set out in this Agreement . All prior and contemporaneous conversations , negotiations , possible and
alleged
agreements and representations , covenants , and warranties with respect to the subject matter of this Agreement, and any
part hereof, are waived , merged herein and superseded hereby .
24 . By their signature below, the parties hereby acknowledge the receipt, adequacy and sufficiency
of
consideration provided in this Agreement and forever waive the right to object to or otherwise challenge the same .
25 . The failure of either party to insist on one or more occasions on the strict performance or compliance with
any term or provision of this Agreement shall not be deemed a waiver or relinquished in the future of the
enforcement
thereof, and it shall continue in full force and effect unless waived or relinquished in writing by the party seeking to
enforce
the same .
26 . No term or provision of this Agreement shall be interpreted for or against any party because that party
or
that party' s legal representative drafted the provision .
27 . If any section , paragraph , clause or provision of this Agreement is adjudged by a
court , agency or
authority of competent jurisdiction to be invalid , illegal or otherwise unenforceable , all remaining parts of this Agreement
shall remain in full force and effect and the parties shall be bound thereby so long as principle purposes of this
Agreement
remain enforceable .
28 . A modification or waiver of any of the provisions of this Agreement shall be effective only
if made in
writing and executed with the same formality as this Agreement.
29 . The Construction Coordinator agrees to promptly indemnify, defend , save and hold harmless the
DEPARTMENT and all of its officers , agents and employees from and pay all demands, claims , judgments
, liabilities ,
damages , fines , fees , taxes, assessments , penalties , costs , expenses , attorneys' fees and suits of any
nature or kind
whatsoever caused by, or arising out of or related to the performance or breach of this Agreement by the
Construction
Coordinator, including , without limitation , performance of the Project within the DEPARTMENT'S right of way. The term
"liabilities" shall specifically include , without limitation , any act, action, neglect or omission by the Construction
Coordinator, its officers , agents , employees or representatives in any way pertaining to this Agreement, whether direct
or
indirect, except that neither the Construction Coordinator nor any of its officers , agents , employees or representatives
will
be liable under this provision for damages arising out of injury or damages directly caused or resulting
from the sole
negligence , intentional or wrongful acts of the DEPARTMENT or any of its officers , agents or employees . The
Construction Coordinator shall notify the DEPARTMENT in writing immediately upon becoming aware of such liabilities
.
The Construction Coordinator' s inability to evaluate liability, or its evaluation of liability, shall not excuse performance
of
the provisions of this paragraph . The indemnities assumed by the Construction Coordinator shall survive termination
of
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this Agreement. The insurance coverage and limits required in this Agreement may or may not be adequate to protect the
DEPARTMENT and such insurance coverage shall not be deemed a limitation on the Construction Coordinator's liability
under the indemnities granted to the DEPARTMENT in this Agreement .
CONSTRUCTION COORDINATOR CONTACT INFORMATION
Name Michael Nixon . PE I Title Roadway Production Manager
Office No . ,(772 ) 226-1986 Cell Email mnixon a0ircgov com ---
Name Ariuna Weragoda PE -___ Title Project Engineer
Office No . ( 772) 226-1931 Cell Email aweragodaaC� 1rcgov com
Mail Address 1601 27th Street Vero Beach Florida 32960
IN WITNESS WHEREOF , Construction Coordinator and the DEPARTMENT have executed this Agreement for
the purposes herein expressed on the dates indicated below.
CONSTRUCTION COORDINATOR DEPARTMENT OF TRANSPORTATION
By:
5�000&�ait-.c- (Signature) Bye
Bob Solari (Print Name) (Print Name)
Chair Board of County Commissioners (Tittle) (Title)
JCS. • • ' ° 0
ptember 6 201 (Date)
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EXHIBIT A
I. SCOPE OF SERVICES
The intersection of SR 60 and 66 Avenue will be widened to provide for dual left turn lanes on
the north approach and a single left and right turn lane on the south approach. The proposed
scope of work includes the widening of the roadway, the construction of curb and gutter and
concrete sidewalk, and modifications to the existing traffic signal .
H . PROJECT PLANS
The Construction Coordinator is authorized to install the Project in accordance with the attached
plans prepared by ARCADIS US and dated 05/ 16/2011 . Any revisions must be approved by the
DEPARTMENT in writing.
III . SPECIAL PROVISIONS FOR CONSTRUCTION
Construction Coordinator shall utilize the U .S . Department of Homeland Security's E-Verify
system, in accordance with the terms governing use of the system , to confirm the employment
eligibility of,
1 . all persons employed by the Construction Coordinator during the term of the Contract to
perform employment duties within Florida; and
2w all persons, including subcontractors, assigned by the Construction Coordinator to perform
work pursuant to the contract with the Department.
During construction, highest priority should be given insuring pedestrian safety. If
rily close a sidewalk, it is done so with the express condition
permission is granted to tempora
that it will be re-opened as quickly as possible.
Please be aware that a Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic
Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the
responsibility of the Construction Coordinator to locate and avoid damage to these sites . If a
PTMS or TTMS is encountered during construction, the Planning and Environmental
Management Office (PL&EM) must be contacted immediately at 9544774601 .
The D . O .T . right-of--way cannot be utilized for on- site construction.
The D . O .T . roadway, sidewalk, etc. must not be disturbed until the off- site improvements
shown on the Construction Agreement are ready to be constructed . This construction should
be completed as soon as possible so as to minimize disruption within the R/W .
This Construction Agreement is valid only for work proposed within the D .O .T . right-of-
way. Contact Mr. Everal Foster at (772) 299- 1554 to schedule a pre-construction conference.
Certification acceptance and final approval is contingent upon conformity of all work done
according to this Construction Agreement.
Maintenance of Traffic (MOT) lane closures on the state road system occurring during peak
hours (7 : 00-9 : 00 AM or 4 : 00-6 : 00 PM) and/or lasting over twenty- four hours must comply
with the lane closure analysis as outlined in the Plans Preparation Manual , Volume 1 ,
Chapter 10 . 12 . 7 . All lane closures occurring on an interstate or limited access facility,
regardless of time of day or duration, must comply with the lane closure analysis in the Plans
Preparation Manual, Volume 1 , Chapter 10 . 12 . 7 .
The Construction Coordinator shall implement best management practices for erosion and
pollution control to prevent violation of state water quality standards . The Construction
Coordinator shall be responsible for the correction of any erosion, shoaling, or water quality
problems that result from the construction or operation of the surface water management
system .
A copy of this permit and plan will be on the job site at all times during the construction of
this facility.
Construction Coordinator is cautioned that utilities may be located within the construction
area.
Validity of this permit is contingent upon Construction Coordinator obtaining necessary
Construction Agreement from all other agencies involved.
Before beginning any work, the signal maintaining agency must be notified to establish the
location of any signal loops, wires, system communications , etc.
In the event that a Florida Department of Transportation (FDOT) light pole has to be
relocated, the Construction Coordinator is required to identify and coordinate with the
maintaining agency prior to commencement of construction. Prior to Final Acceptance,
FDOT and the maintaining agency of the light pole will be required to sign off on the final
inspection.
Give Special attention to MOT note instructing that the local media shall be contacted a week
prior to any lane closures on the state road system if it will occur during peak hours or over
the span of more than one day. Contact Barbara Kelleher, FDOT Public Information Office at
954-7774090 for guidance on who to contact . Provide a copy of the press release to :
Florida Department of Transportation
Public Information Office
3400 West Commercial Blvd.
Fort Lauderdale, Florida 33309
IV. MODIFICATIONS TO BASIC AGREEMENT
The following section shall be modified as indicated below
A. Section 12 : The DEPARMENT and Indian River County, City Manager of the
CONSTRUCTION COORDINATOR may extend the completion date, if mutually
agreed to in writing.
B . Section 17 : The following shall be added : Nothing in this agreement shall be interpreted
as waiving the CONSTRUCTION COORDINATOR' S sovereign immunity protection as
set forth in Section 768 .28 , Florida Statutes .