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HomeMy WebLinkAboutPre-LegislationCrystal Report Viewer Page 1 of 1 City of Miami Text File Report City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 11-00082 Enactment #: R-1 1-0074 Version: 2 Type: Resolution Introduced: 1/21/11 Status: Passed Enactment Date: 2/24/11 Controlling Body: Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE CONSTRUCTION AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR ALL CITY OF MIAMI IMPROVEMENT PROJECTS LOCATED WITHIN FDOT'S RIGHT OF WAY; SUBJECT TO THE RATIFICATION OF THE CITY COMMISSION. WHEREAS, the Florida Department of Transportation ("FDOT") requires that all entities proposing to construct certain improvements located within FDOT's right of way, enter into a Construction Agreement authorizing the entity to perform all activities necessary for the construction of said improvements, subject to the terms and conditions of the Construction Agreement; and WHEREAS, the Construction Agreement creates a permissive use only and all improvements resulting from the agreement will become the property of FDOT upon acceptance of the work; .NOW, THEREFORE, BE IT.RESOLVED BY.THE COMMISSION OE THE CITY OF MIAMI, FLORIDA: Section I. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized { 1 } to execute Construction Agreements, in substantially the attached form(s), with the FDOT, for the all City of Miami improvement projects located within FDOT's right of way, subject to the ratification of the City Commision. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} http://egov.ci.miami.fl.us/LegistarWeb/temp/repDC8.htm1 9/8/2011 2011 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION AGREEMENT 850-040-89 MAINTENANCE OGC —06/10 . l Page 1 of 4 THIS CONSTRUCTION AGREEMENT (this "Agreement") is made and entered into by and between the State of Florida, Department of Transportation, District 6, 1000 NW 11tI' Avenue, Miami FL, 33130 (hereinafter referred to as the 'DEPARTMENT") and City of Miami Capital Improvements Program 444 SW 2nd Avenue, 8th Floor, Miami FL 33130 (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 Section Sc`7 " . Subsection from Begin MP y L97f to End MP 4 i (7/5 Local Name Intersection of NW 35th Street & NW 12th Avenue located in Miami -Dade 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 Depai talent 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, toenter 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 DEPARTMENTS 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 andreceive approval from the DEPARTMENT prior to the changesbeing constructed. The Construction Coordinator shall maintain the area of the project at all times andcoordinate 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 Project. Such amount shall be carried in a minimum amount of not less than (� Flit,�,aa'i h "�A= and.00/100 Dollars ($ ) for bodily injury or death to any one person or any number of persons in any one occurrence, and not.less than CM t= .r " t F ut r 9.%'° ?h~'= and 00/100 Dollars ($ for property damage, or a combined cZ erage orn"ot`less fhah and 00/100 Dollars ($ ). 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 completion of construction and acceptance by the DEPARTMENT. Prior to commencement of the Project and on such other occasions as the DEPARTMENT may reasonably require, the Construction Coordinator shall provide the 850-040-89 MAINTENANCE OGC — 06/10 Page 2 of 4 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 documentedon 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 kindwhatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Construction Coordinator'suse, 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 theright to perform its own independenttesting during the course of the Project. 10. The Construction Coordinator shall exercise the rights granted herein and shall otherwise perform this Agreementin a good andworkmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicablefederal, 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 effortof 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 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 oftermination to the Construction Coord i n ator. 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 withwritten 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 B50-040.89 MAINTENANCE OGC-0611O Page 3 of 4 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 Toss 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 shallbe deemed or otherwise interpreted as waiving the DEPARTMENT'S sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. The DEPARTMENTS 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 andthose required by this Agreement, including, but not limited to, changes to the notification addresses set forth below, shall bein wilting 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 govemed by the laws of the State of Florida in terms of interpretation and performance. Venue for any and all actionsarising out of or in any way related to the interpretation, validity, performance orbreach 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 agreementof the parties andno 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 oneor 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 Agreernent.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 purposesof 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 850-040-89 MAINTENANCE OGC —06/10 Page 4of4 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 Jorge Garcia Title Project Manager Office No. 305-416-1219 Cell 786-376-4391 Email jaaarcia(c�miamigov.com Name Jose Lapo Title Senior Project Manager Office No. (305) 416-1252 Cell Email JLago a( ci.miami.fl.us Mail Address 444 SW 2nd. Avenue, 8th Floor, Miami FL 33130 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: (Signature) By: ✓. � 11;1 Tony. E. Crapp, Jr. (Print Name) City Manager (Title) (Date) 20 .01 Legal Review: (Signature) (Print Name) (Title) (Date) 850-040-89 MAINTENANCE OGC — 02/11 Page 4 of 5 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. 30. The 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 theemployment eligibility of: 1. all persons employed by the Vendor/Contractor during the term of the Contract to perform employment duties within Florida; and 2. all persons, including subcontractors, assigned by the Construction Coordinator to perform work pursuant to the contract with the Department. ADDENDUM The following t rm and conditions are incorporated into and form a part of the Construction Agreement, dated -1 , between the State of Florida, Department of Transportation, 1000 N.W. 111th Avenue, Miami, FL 33172 (hereinafter referred.to as the "DEPARTMENT") and the City of Miami , a Florida municipal corporation located in Miami -Dade County, (hereinafter referred to as the 'Construction Coordinator"). Addendum Controlling. In the event there is a conflict between the terms and conditions of the Agreement or any attachments, exhibits or addenda thereto and this Addendum, this Addendum shall control. The following language will be added as Paragraphs 31 and 32: 31. Nothing in this agreement shall be deemed or otherwise interpreted as waiving the Construction Coordinator's sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. 32. The hold harmless and indemnity given by the Construction Coordinator in the Agreement is subject to the limitations of Section 768.28, Florida Statutes, and is limited to the negligent acts or omissions of the Construction Coordinator in the performance of this Agreement. ATTEST: Priscilla A. Thompson, City Clerk c:C6/ City of Miami, a municipal corporation of the State of Florida /// APPROVED AS TO LEGAL FORM AND APPROVED AS TO INS CE REQUIREMENTS: CORRECTNESS: Julie O. Bru City Attorney Gary Reshefsky, Dire tor Risk Management Ddpartment t n „-----1, %�� RD CERTIFICATE OF LIABILITY INSURANCE DATE (MM1OD/YYYY} 6/30 J2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an -ADDITIONAL INSURED, the policy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wells Fargo Insurance Services USA, Inc 2601 9 Bayshore Drive Suite 1600 Coconut Grove FL 33133 CONTACT NAME: PHONE FAX (305) 443-4666 1AIC No EA):ouc,Noi: (305) 441-0460 E-MAILADDRESS: PRODUCER CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIL # INSURED B & J Asphalt, Inc. 4310 NW 35th Avenue Miami FL 33142 INSURERA:Insurance.Co of the St of PA INSURER B :Everest National Insurance Co INSURER C :Phoenix Ins Co / Travelers INSURERD: INSURER E : INSURER F : REVISION NUMBER: ..., -rills IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT'WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ILfR TYPE OF INSURANCE RL-- SUBR POLICY NUMBER LMMIUDDmYY)_(MWF 001'YYPYL LIMITS A GENERAL X LIABILITY COMMERCIAL GENERALUABIUTY X OCCUR 4376353 12/15/2010 12/15/201 EACH OCCURRENCE $ 1,000,000 AMAGENTED PREMISES (Ea occurrence) 3 300,000 CLAIMS -MADE MED EXP (Any one person) $ 10, 000 PERSONAL S ADV INJURY $ 1,:000,000 GENERAL AGGREGATE $ 2,000,000 GENt AGGREGATE LIMIT APPUES PER: POLICYIrX1 JFCT —1 POLICY PRODUCTS -COMP/OP AGG $ 2,000,000 Employers Liabilit $ 1,000,000 A AUTOMOBILE X LIABILITY ANY AUTO: 8263762 12/15/2010 12/15/20 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY NJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ E UMBRELLA LAB • EXCESS UAB X I OCCUR 71C4000583-101 12/15/2010 127'35 [201 —.AGGREGATE EACH OCCURRENCE $ 5,000,000 - CLAIMS -MADE $ 5,000,000 D DEDUCTIBLE RETENTION S 3. S A WORKERSCOMPENSATION ANDEMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N OFFICER/MEMBER EXCLUDED? (Mandatory in. NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A 6988259. 12/1$/2010 12/15/2011 WC STATU- OTH- TC)RYIIMITS FR E.L. EACH ACCIDENT S 500, 000 EL DISEASE- EA EMPLOYEE S 500, 000 EL DISEASE •POLICY LIMIT $ 500,000 C Leaaed Equipment QT66067172,1563TIL10 12/15/2010 12/15/2011Scheduled: $2,253,817 Leased: $100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks. Schedule, If more space is required) Florida Department•of Transportation, iB an additional insured with regard to General Liability when required by written contract. 30 days notice of cancallation and 10 days applies for non-paymnet of premium. CERTIFICATE HOLDER CANCELLATION Florida Department of Transportation District Six Permit Office 1000 NW 111 Ave. Room 6207 Miami FL 33172 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOW_WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS[J,C IVEj D PERMITS OFFIrF AUTHORIZED REPRESENTATNE 1 r JUL 0 5 2011 © 1988-2009 ACORD CORD . �.T LQVeserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD _ORIDA Page 1 of 1 , SPECIAL PROVISIONS FOR PERMIT # 2011 C .690_16, SECTION # 87085, SR # 933/ NW 12'" AVENUE Construction Agreement Permit for City of Miami - CIP for Roadway Improvements At NW 35 Street between NW 13 and 12 Avenues 1. Coordinate pre construction meeting with the Department representative, Mr. Stuart Owens at (305) 640- 7227 fax (305)W--71,7,-?1 at least forty-eight (48) hours prior to commencement of work. 2. Submit a detailed lane closure form, noting work and time phases to the department at least two (2) weeks prior to actual lane closure work within the F.D.O.T. right-of-way. There shall be no lane closures between Thanksgiving and New Year's Eve due to moratorium. Lane Closure Information System (LCIS) — http://gis.atectrans.net/LCIS/. 3. Working hours within the F.D.O.T. Right -of -Way shall be between the hours of 9:30 p.m. and 5:30 a.m., and night shift. from 11:00 PM to 6:00 AM on Friday and Saturday or as directed by the Department Representative prior to commencement of work. 4. The Maintenance of Traffic (MOT) plans may be revised at the time of the pre -construction meeting. MOT must be in accordance with the current edition of the FDOT Roadway and Traffic Design Standards —Index 600, and. M.U.T.C.D. as a minimum. 5. Permittee is cautioned that utilities may located within the construction area; damaged Signal Loop Sensors shall be reconstructed to at least match the existing conditions at the permittee expense. 6. Damaged sidewalk, curb & gutter shall be replaced and/or constructed according to the F.D.O.T. Roadway and Traffic Design Standards — Index 300 (current edition), and/or constructed according to the F.D.O.T. Standards Specifications for Road and Bridge Construction — Section 522, in full width, full length sections. 7. Damaged pavement shall be restored at the permittee expense and in full width as well as damaged thermoplastic and raised reflective pavement markers. 8. Compact fill areas, including cut areas under the sidewalk that have been excavated more than 6" below the bottom of sidewalk,' to a minimum of 95% of AASHTO T 99 density. The area to be compacted is defined as that area directly aunder the sidewalk and 1 foot beyond each side of the sidewalk when Right -of -Way allows. (Spec. 522.4) 9. A.copy .of this permit and plans will be on the job site at all times during the construction of this facility. 10. Validity of this permit is contingent upon permittee obtaining necessary permits from all other agencies involved. 11. The permittee will ensure that no unsafe area(s) for pedestrian will remain during anytime of the. construction. They shall be protected in accordance with the F.D.O.T. Roadway and Traffic Design Standards - Index series-600. 12. The permittee shall provide and maintain safe temporary access to all adjacent property at all times andshall maintain accommodations for intersecting and crossing traffic within the constructions Zone. No road or street crossing shall be blocked or unduly restricted as determined by the engineer. 13. Final restoration shall be coordinatedwith the Department representative. All portions of the state right-of- way shall be restored within thirty (30) days upon completion of the permitted. installation. 14. Beginning any, work within the.F.D.O.T. right-of-way associated with this permit constitutes acceptance of these conditions. ?SY-Y-9 p vats_ A-0(5‘. INCOBP °BATED 18 9 B 14k \-4 PROJECT LOCATION C °QV' DEPARTMENT OF CAPITAL IMPROVEMENT PROGRAM NW 3StA 5 TREET STREET E NW 3-5iA STREET FROM NW 12d AVENUE TO NW 13d A VENUE •.„ *TN ST PX.rSTST *4: hV31)ii ST A_TRPORT-EXPY eSE. 112) - • . F-; ' -,-;., - • - " - .---1. :'• • •-• : !,';',' S'..TIST . .. . , z., •:, . ,.. . .. !i4; ,,TH ST ;*,:‘,. , . . — . - N.,,'S-..*;,,,-,1 — ' , • NW LOCATION MAP CITY OF MIAMI PROJECT NUMBER: FE IRAURY 23, 2011 COMMISSION MAYOR : TOMAS P. REGALADO COMMISSIONERS FRANCIS SUAREZ FRANK CAROLLO MARC SARNOFF wIFRFDO "WILLY" GORT RICHARD P. DUNN CITY MANAGER : TONY E. CRAPP, Jr. CIP DIRECTOR: ALICE N. BRAVO, P.E. PLANS PREPARED BY: TY•LININTERNATIONAL CA00002017 201 ALHAMBRA CIRCLE •SUITE 900 COPAL GABLES, FLORIDA 33134 PHONE: 1305) 567-1668 755:(305) 567-1771 -30500 mily 2 . 9 1 . 9 VfCrillc _.„ 1 00% rr• . ML SF•DIAV,°:cif:cuy,,is INDEX OF DRAWEVG SHEET No. DESCRIPTION Civil KEY SHEET 2 GENERAL NOTES 3 EXISTING CONDITIONS 4-5 PLAN AND PROFILE DETAILS 7-9 STORM WATER POLLUTION PREVENTION FLAN tr.scno.Aser REV4IL ,Intralro S.W. (I F.. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION AGREEMENT 2011 C •690 02 Y. ` f J r 850-040-89 . Y P j^•,D MAINTENANCE 1 IS OFFICE 'la%e°ci4 APR 2 2011 THIS CONSTRUCTION AGREEMENT (this "Agreement") is made and entered iriterbyc@riil�,f� twirAre State of Florida, Department of Transportation, District 6, 1000 NW 11 Avenue, Miami FL, 33130 MIAMI, FLORIDA T (hereinafter referred to as the "DEPARTMENT") and City of Miami Capital Improvements Program 444 SW 2`xj Avenue 8th Floor, Miami FL 33130 (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 5 Sectiong?O3O Subsection , -- from Begin.MP G,; 18 to End MP f S'0 Local Name Median Closure at US-1 and Bridgeport and SW 30th Ct. FDOT Construction Agreement Record # 2011 C 690 2, SR 5, Section 87030. located in Miami -Dade 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 anywork 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 Toss of life or property that may occur (directly or indirectly) by reason of the Construction Coordinator accessing DEPARTMENT right of way and the Construgtiorl-C p qrd i , tprrs; e,(if mace of the Project. Such amount shall be carried in a minimum amount of not less than a�'�'� '� ht`ir and 00/100 Dollars ($ ) for be (y jnju'g o.. d eqt ; rctne person or any number of persons in any one occurrence, and not less than �''" " lets;p_. b, and 00/100 Dollars ($ for property damage, or a combined coverage of not less than and 00/100 Dollars ($ ). 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 completion of construction and acceptance by the DEPARTMENT. Prior to commencement of the Project and on such other occasions as the DEPARTMENT may reasonably require, the Construction Coordinator shall provide the 850-040.89 MAINTENANCE 000 — 06/10 Page 2 of 4 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 withine45 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 850-040-89 MAINTENANCE OGC — 06/10 Page 3 of 4 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 sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. The 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 050-040-89 MAINTENANCE OGC — 06/10 Page 4 of 4 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 Jorge Garcia Title Project Manager Office No. 305-416-1219 Cell 786-376-4391 Email jagarciaAmiamigov.com Name Jose Lago Title Senior Project Manager Office No. (305) 416-1252 Cell Email JLagoCa�ci.miami.fl.us Mail Address 444 SW 2nd Avenue, 8th Floor, Miami FL 33130 IN WITNESS WHEREOF, Construction Coordinator and the DEPARTMENT have executed this Agreement for the purposes herein expressed on the dates indicated below. CONSTRUCTION COORDINATOR DE By: Tony E. Crapp, Jr. City Manager (Signature) (Print Name) (Title) (Date) 2011 C 90 02 By: MENT OF TRANS •O•TATIOil S -id, P.E. DJbtrlct Permits Engineer JUL 2 1 7111i Legal Revi : fitol (Signature) (Print Name) (Title) (Date) 850-040-89 MAINTENANCE OGC-02/17 Page 4of5 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. 30. The 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. at persons employed by the Vendor/Contractor during the term of the Contract to perform employment duties within Florida; and 2. all persons, including subcontractors, assigned by the Construction Coordinator to perform work pursuant to the contract with the Department. ADDENDUM The following rms nd conditions are incorporated into and form a part of the Construction Agreement, dated - i I between the State of Florida, Department of Transportation, 1000 N.W. 111th Avenue, Miami, FL 33172 (hereinafter referred to as the "DEPARTMENT") and the City of Miami , a Florida municipal corporation located in Miami -Dade County, (hereinafter referred to as the "Construction Coordinator"). Addendum Controlline. In the event there is a conflict between the terms and conditions of the Agreement or any attachments, exhibits or addenda thereto and this Addendum, this Addendum shall control. The following language will be added as Paragraphs 31 and 32: 31. Nothing in this agreement shall be deemed or otherwise interpreted as waiving the Construction Coordinator's sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. 32. The hold harmless and indemnity given by the Construction Coordinator in the Agreement is subject to the limitations of Section 768.28, Florida Statutes, and is limited to the negligent acts or omissions of the Construction Coordinator in the performance of this Agreement. ATTEST: ��c,1XXA_,�� •�Gtarefi:k Priscilla A. Thompson, 44. e` // City of Miami, a municipal corporation of the State of Florida APPROVED AS TO LEGAL FORM AND APPROVED S TO 1 U?' NCE CORRECTNESS: REQUIRE RO Julie O. Br City Attorney Gary Reshefsk Di -ctor Risk Management Department • 3Rb® CERTIFICATE OF LIABILITY INSURANCE OPIDAI OAIE(MMDRDYYY) 05/12/11 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the po(icy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the• certificate holder In lieu of such endorsement(s). PRODUCER BROWN & BROWN OF FLORIDA INC 14900 NW 79th Court Suite#200 Miami Lakes FL 33016-5869 Phone: 305-364-7800 Fax: 305-822-5687 CONTACT NAME: PHONE FAX (AA.' N.,EaR: (MC, No); E-MAIL ADDRESS: CUSTOMER uaroMER ID IN METR002 INIOREN(0)AFFORDINO COVERAGE NAM I INSURED Metro Express Inc 9442 NW 109 Street Medley FL 33178 INSURER AI Travel.. casualty ..a,.sy Co 19038 esunsss; Charter oak Firs Ina Co 25615 INSURER C: Travelers P & C Ins Co 36161 INSURER 01 .rlayoff.1. 5gloy.r. Y.. co 10701 INSURER EI Elm rhosu a ,a.us.ers Caspar 25623 INSURER FI COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THISISTOCERiFYT0ATDIEPOL 510 CFPaLMANCELEITEO BELOW1NVEBEEN IS5UE0 TOTHEINSURED NAMABOVEFORTHEPOIICYPERID0 J5NGA150. NOTRV0ISTNDNO ANYFCCUIREAIENT,TERM OR OONOTTRONOFANY OOVTRACT OR OTNER DOCUMENT WITH RESPECTTO WHICH THB CERTFICATE MAYBEISOIEDOt WY PERTAIN, THE I SURANCE AFFORDEB BYTHE POLICIES OESCRMEO HEPEN B SURECT TO A11 TIE TERMS, E8CLUSIONS ANDGDIDRI0NS OF S4Ia1 PO JCIES. IlNTS SHOWN 2Y HAVE 0EEN REDUCED BY PAID GLN16. NM LTR T ormalmwm MN NM BURR WV° POLICY NUMBER POUCYFfF (MMJmarr) POL10WEXP (NNIO°IYYY8 LIMITS A OENERN. X LIABILITY connsa01ooemm.w02TY X OCa8 X D,-to-.,.,...-TSA.o 09/12/10 09/12/11 EACH OCCURRENCE 1 1,000,000 DAMAGE TO PREMueE(E..rcuTSIE O 55era) 3300,000 CAWAME BED ESr(Any N.. wan) F 5,000 PFRSONALLAOVINIJRY 1 1,000,000 GENERALMOECATE i 2,000,000 DENLAYNRFOATE LINT APPLIES PER: _I .alm Hirer I_1 LOC PRODUCTS -CONPIOP ACC 12,000,000 I B AUTOMOBILE X X LIABILITY ANYAUTO ALL OWNED AUTOS SCTEMJLED AUTOS MIRED AUTOS NO1-0MBED PANTOS 0,I1..310uey.COY-10 09/12/10 09/12/11 COMBINED CIRCLE LINT (E..wB.M) 6 1.000, 000 BODILY INJURY (Pe: pemn) I BODILYINJJRY(Pc ardla5A) 1 PROPERTY DALNOE (Paeotde.q X 6 6 C X OMEELLALIM mmostme X OCCUR mme-MME • R,LS-c5a20.70,-ysa10 09/12/10 09/12/11 EACH OCCURRENCE 63,000,000 AODREGATE s 3,000,000 DEDUCTIBLE RETENTION 6 6 5 D WDRH13NDOMPEMIATON AND EMPLOYERS' LIABILITY YIN ANY PROPTOETONAMTNFRC tv.,N,VE 1 OFFICER/MEMBER EXCLUDED? I IN I..dMA no,YNI Sy.. Nwalin NM DESCRIPTION OF NERATIONS hdw, NIA 0830-38388 09/22/10 09/22/11 X WOOTATU- X TORT WAITS oTH. ER E.L. EACH ACCIDENT 61,000,000 E1.ms2SF-ea EMPLOYEE 6 1,000,000 EL. DISEASE - PCLICY MR ; 1,000,000 E Equipment Floater Leased/Rented 0,..60--1II6-1. 09/12/10 09/12/11 Limit _ 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Muth ACORN IN AA1Rb. d Norio RONK%I,, It away apace 1,,.411o5) Florida Department of Transportation, is an additional insured with regard to General Liability when required by written contract. 30 days notice of cancellation and 10 days applies for non-payment of premium. CERTIFICATE HOLDER CANCELLATION t;✓ Florida Department of Transportation District Six Permit Office 1000 N W 111 Ave Room 6207 Miami FL 33172 ACORD 25 (2009f09) FLO-172 SHOULD ANY OF T11E ADOVE DESCRIBED POU4EO BE CANCELLED BEFORE THE EYPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLO' PROVISIONS. AUTHORIZED REPRESENTATIVE AA ©1988.2009 ACORD ORPORATION. All rights reserved. The ACORD name and logo are reglstered marks of ACORD 2011 C 690 02 1 SPECIAL PROVISIONS FOR PERMIT # 2011. C 690 2 SECTION # 87030, SR # 5 / S. DIXIE HWY Construction Agreement Permit for City of Miami for Median Closure Along S. Dixie Hwy/ US-1 at Bridgeport Ave and at.SW 30th Court 1. Coordinate pre construction meeting with the Department representative, Mr. Anthony Goldberg at (305) 640-7249 fax (305) 640-7239 at least forty-eight (48) hours prior to commencement of work. 2. Submit a detailed lane closure form, noting work and time phases to the department at least two (2) weeks prior to actual lane closure work within the F.D.O.T. right-of-way. There shall be no lane closures between Thanksgiving and New Year's Eve due to moratorium. Lane Closure Information System (LCIS) — http://ris.ateetrans.net/LCIS/. 3. Working hours within the F.D.O.T. Right -of -Way for this project shall be night shift between the hours of 9:30 p.m. and 5:30 a.m. and on week -end from Friday 9:00 p.m. through Monday 5:00a.m. or as directed by the Department Representative prior to commencement of work. 4. The Maintenance of Traffic (MOT) plans may be revised at the time of the pre -construction meeting. MOT must be in accordance with the current edition of the FDOT Roadway and Traffic Design Standards — Index 600, and M.U.T.C.D. as a minimum. 5. Installation of VMS Boards on US-1 NB and SB and on other approaches shall be provided by the permittee to inform motorist of closures. VMS board installation shall meet all clear zone requirements according to F.D.O.T Design Standards current edition. VMS board messages may contain at most three lines with eight CHARACTERS each. 6. Permittee is cautioned that utilities may be located within the construction area; damaged Signal Loop Sensors shall be reconstructed to at least match the existing conditions at the permittee expense. 7. Damaged sidewalk, curb & gutter shall be replaced and/or constructed according to the F.D.O.T. Roadway and Traffic Design Standards — Index 300 (current edition), and/or constructed according to the F.D.O.T. Standards Specifications for Road and Bridge Construction — Section 522, in full width, full length sections. 8. Damaged pavement shall be restored at the permittee expense and in full width as well as damaged thermoplastic and raised reflective pavement markers. 9. Compact fill areas, including cut areas under the sidewalk that have been excavated more than 6" below the bottom of sidewalk, to a minimum of 95% of AASHTO T 99 density. The area to be compacted is defined as that area directly aunder the sidewalk and 1 foot beyond each side of the sidewalk when Right -of -Way allows. (Spec. 522.4) 10. A copy of this permit and plans will be on the job site at all times during the construction of this facility. 11. Validity of this permit is contingent upon permittee obtaining necessary permits from all other agencies involved. 12. The permittee will ensure that no unsafe area(s) for pedestrian will remain during any time of the construction. They shall be protected in accordance with the F.D.O.T. Roadway and Traffic Design Standards - Index series 600. 13. The permittee shall provide and maintain safe temporary access to all adjacent property at all times and shall maintain accommodations for intersecting and crossing traffic within the constructions Zone. No road or street crossing shall be blocked or unduly restricted as determined by the engineer. 14. Final restoration shall be coordinated with the Department representative. All portions of the state right-of- way shall be restored within thirty (30) days upon completion of the permitted installation. 15. Beginning any work within the F.D.O.T. right-of-way associated with this permit constitutes acceptance of these conditions. 1/1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION :AGREEMENT 2011 C RECEIVED PERMITS OFFICE MAY 1 1 2011 .850-040.89 MAINTENANCE OGC — 06110 Page 1 of 4 THIS CONSTRUCTION AGREEMENT (this "Agreement") is made and en €e'cfpnf RaTli,eaeen the State ,: of Florida, Department of Transportation, District 6, 1QQQ:NW 11tnAvenue. Miami FL, 33'��(�t\41rLOA,IDA (hereinafter referred to as the "DEPARTMENT") and City of Miami,' Capital''' Improvements Program 444 SW 2nd Avenue, 8th Floor, Miami FL 33130 (hereinafter referred to as the "Construction Coordinator"). WtTNESSETH: 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 Constr ction Coordinator:: proposes to construct certain improvements to SR tl}z /4be Section ?D o 09 Subsection WO from Begin MP to. End MP Local Name See attachedset. of Plans for various locations located' in Miami -Dade 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 thepremises 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 StandardSpecificationsfor 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 tivorking 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 allclaimsfor 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 Project. Such amount shall be carried in a minimum amount of not less tha,ITA{Pand 00/100 Dollar(,� t r, stidily injury or death to any one person or any number persons in any one occurr d A6116WY65P O. and DO/100 Dollars ($ for property damage, or a combined coverage of not less than and 00/100 Dollars ($ ). 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 completion of construction `and: acceptance by the DEPARTMENT. Prior to commencement of the Project and on such other occasions as: the DEPARTMENT may reasonably. require, the Construction Coordinator`` shall provide the B5J-04a489 MAINTENANCE. , OGC — 06/10 Page 2 of 4 DEPARTMENT with certificates -documenting thatthe 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 perrnissive use only and all improvements resulting from this agreement shalt 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 tocreate or westany property right to or in the Construction Coordinator, except as may otherwise beprovided in separate agreements. The Construction Coordinator shall not acquire anyright, 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 withthe design and construction of the °project. Testing results . shall be made .available : to the DEPARTMENT upon request. The DEPARTMENT shall have theright: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 goodand 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 constitutedand 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 365.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 tirne, 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 existedimmediately 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 shalt 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 850-040-89 MAINTENANCE. OGC-06710 Page 3 of Coordinator with .written •authorization granting such additional time es the DEPARTMENTdeems-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 electsto correct the deficiency(ies), the DEPARTMENT shalt provide :the Construction 'Coordinator with an invoice for the costs incurred by .the DEPARTMENT and the Construction Coordinator shall paythe invoice within thirty (30) :days of the date of the invoice. Nothing in this 'Agreement shall. be deemed .or 'Otherwise interpreted` as waiving the DEPARTMENT'S sovereign iirrimbnity.protections, or. as :increasing :thelimits of liability as set:forth in Section 768.28, Florida Statutes. The DEPARTMENT'S affability for breach of this Agreement.is limited in amount and shall not exceed"the lim tations of liability for tort actions as set forth; in Section 768.28(5), Florida Statutes. 1.8:. 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.beiow. 19. :.:. The. Construction Coordinator -Shall ,not cause :any aims 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 forany and all :actions arising out. of or in :any way related to the interpretation, validity, performance or:breech 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, ipriVileges, benefits, .obligations ;or remedies upon anyother person orentity 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 Alt prior and contemporaneous conversations, negotiations, possible and alleged' agreements and representations, covenants; and warranties with respect to the subject matter ofthis 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 en the strict. performance. or compliance with any term or provision: of 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 :orprovision of this Agreement shall be :interpreted for or against any party because that party or that party's.legal.representativedrafted 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 partsof 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.formatity as this Agreement. 29. The ''Construction Coordinator agreesto promptly indemnify; defend; save': end 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:k,ind 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 anyway 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 bythe Construction: Coordinator shall _survive"ter ination of 850-040-89 MAINTENANCE OGC — 06 10 • Page 4 of this Agreement. The insurancecoverage and limits required in this Agreement mayor may not be adequate top.rotect 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. "See Attached Addendum" CONSTRUCTION COORDINATOR CONTACT INFORMATION Name Valentine Onuigbo Title Construction Manager Office No. 305-416-2588 Cell 786-447-9817 Email bonuigbo(c�miamigov.com Name Title Office No. Cell Email Mail Address.444 S.W.`2nd Avenue, 8th Fioor,:.Miami Fl 33130 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/ B ^— - . ✓r (Signature) � • B � 6, - - ' .(Signature) Tony'E'.:Crapp. Jr. (Print Name) Afiia-ievte•—kr. ,(Print•Name) City Manager (Title) /11 Pt-• (Title). S-75 / // , . (Date) e ! (Date) // Legal .Re . 0 1 850-040-89 MAINTENANCE OGC - 02111 Page 4.ot 5 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 .deemect a limitationon the Construction Coordinator's liability. under the indemnities granted to the DEPARTMENT in this Agreement. 30.. The 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.eniployment eligibility. of: 1. all persons employed by the Vendor/Contractor during the term of the .Contract to perform employment. duties within Florida; and 2,all persons, including subcontractors assigned by the Construction. Coordinator to perform work pursuant to' thecontract with'the Department. ADDENDUM The following rm and conditions are incorporated into and form a part of the Construction Agreement, dated ? a- f ) ( , between the State of Florida, Department of Transportation, 1000 N.W. 111th Avenue, Miami, FL 33172 (hereinafter referred to as the "DEPARTMENT") and the City of Miami , a Florida municipal corporation located in Miami -Dade County, (hereinafter referred to as the "Construction Coordinator"). Addendum Controlling. In the event there is a conflict between the terms and conditions of the Agreement or any attachments, exhibits or addenda thereto and this Addendum, this Addendum shall control. The following language will be added as Paragraphs 31 and 32: 31. Nothing in this agreement shall be deemed or otherwise interpreted as waiving the Construction Coordinator's sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. 32. The hold harmless and indemnity given by the Construction Coordinator in the Agreement is subject to the limitations of Section 768.28, Florida Statutes, and is limited to the negligent acts or omissions of the Construction Coordinator in the performance of this Agreement. ATTEST: Priscilla A. Thompson, City Clerk City of:Miami, a municipal corporation of the State of Florida APPROVED AS TO LEGAL FORM AND APPROVED,sS TO NSORANCE. CORRECTNESS: REQUIREMENTS: Julie O. Bru City Attorney Gary Reshefsk , Director iskManagement'Department 20 • ADDENDUM The following tte ms and conditions are incorporated .into and form a pan of the Construction Agreement, dated b �2_1 1 ( , between the State of Florida, Department of Transportation, 1000 NAN. 11.1". Avenue. tyiami. F! 33172 (hereinafter referred to as the "DEPARTMENT"' and the Cif)' of iMiiami., Florida municipal corporation located in Miami -Dade County, (hereinafter referred to as the "Construction Coordinator"). Addendum Controlling. In the eventt there is a conflict between the terms and conditions of the Agreement or any attachments, exhibits or addenda thereto and this Addendum, this Addendum shall control_ The.following language will be added as F'aragraphs31 ant 32: 31. Nothing in this agreement shall be deemed ;or otherwise interpreted as waiving the: Cot tr lc-tion Coordinators :sovereign immunity protections, or asirisreasing, the limits of liability as seer forth in Section 768.2E,'Florida Statutes. 32. ahe hold harmless and indenmi y given by the Construction Coordinator in the Agre.emen` is subject to the limitations of Section 768.28, Florida Statutes, and is limited to the negligent acts or omissions of the Construction Coordinator in the'periormance Cif this Agreement. E90 SPECIAL PROVISIONS FOR SPECIAL PERMIT #2011 C 69015 SECTION # 87120/87054/87053, STATE ROAD # 90/922/968 CONSTRUCTION AGREEMENT FOR INSTALLATION OF STAINLESS STEEL BIKE RACKS, PHASE I; &.II - CITY OF MIAMI 1. COORDINATE PRE CONSTRUCTION MEETING WITH MR. ANTHONY GOLDBERG AT TELEPHONE (305) 640-7249,.Fax '(305) 640 7239 AT LEAST FORTY-EIGHT(48) HOURS PRIOR TO COMMENCEMENT OF WORK. 2 . SUBMIT A DETAILED LANE CLOSURE FORM, NOTING WORK AND TIME PHASES THRU THE LANE CLOSUREINFORMATIONSYSTEM (LCIS) AT HTTP:/IGIS.ATECTRANS.NET/LCIS/ : THE LANE CLOSURE REQUEST SHALL BE APPROVED BY THE; DEPARTMENT ATLEAST 2 WEEKS PRIOR TO BEGINNING WORK WITHIN THE FOOT RIGHT OF WAY. THE DEPARTMENT RESERVES THE RIGHTTO ACCESS ANY PORTION OF THE STATE RIGHT OF WAY AS NECESSARY FOR MAINTENANCE,. CONSTRUCTION OR MONITORING. ACTIVITIES AND THERE MAY BE A DEPARTMENT REPRESENTATIVE ON LOCATION, WHICH WILL RESERVE THE RIGHT TO INCREASE OR DECREASE THE APPROVED=TIME FRAMES. 4. WORKING HOURS WITHIN THE .F.D.O.T.-RIGHT-OF-WAY` SHALL BE BETWEEN THE HOURS OF 9:30 A.M. AND 3.:30 P.M., OR AS DIRECTED, BY THE DEPARTMENT REPRESENTATIVE PRIOR TO COMMENCEMENT OF WORK. 5.. BY INSTALLING THE BIKES' RACKS, THE CITY:OF MIAMI BECOMES THE MAINTENANCE AGENCY FOR SUCH FEATURE, AS A RESULT, IF THE DEPARTMENT RECEIVES A COMPLAIN IN THIS REGARD IT WILL BE FORWARDED TO THE CITY OF MIAMI PUBLIC' WORKS DEPARTMENT:. BIKES RACKS SHALL BE INSTALLED OUTSIDE THE CLEAR ZONE OF ANY TRAVEL AND TURNLANES, •OR BLOCKING,` SIDEWALK, AND EXISTING SIGNS (FDOT DESIGN STANDARD INDEX 700). IN ADDITION THE INSTALLATION OF THE BIKE RACKS SHALL COMPLY WITH THE ADA REQUIREMENTS THE MAINTENANCE OF TRAFFIC (MOT) PLANS MAY REVISED AT THE TIME OF THE PRE -CONSTRUCTION MEETING: IVMOT MUST BE IN ACCORDANCE' WITH THE CURRENT EDITION OF THE FOOT',ROADWAY AND TRAFFIC DESIGN' STANDARDS -'INDEX 600,:AND M.U.T.Ca. AS A MINIMUM. IN THE EVENT SIDEWALK IS DAMAGE, IT. SHALL BE:RESTORED WITH FULL 4INCHES THICK .FLAGS WITH .EXPANSION MATERIALAND DETECTABLE DOMES FOR HANDICAP RAMPS ACCORDING TO THE F.D.O.T. ROADWAY AND TRAFFIC DESIGN STANDARDS- INDICES' 300,304, AND 310 (CURRENT EDITION) AND CONSTRUCTED ACCORDING TO THE F.D.O:T. STANDARDS SPECIFICATIONS FOR.ROAD: AND BRIDGECONSTRUCTION - SECTION522.. IN THEEVENT.ROADWAY PAVEMENT I5 DAMAGE, SHALL BE RESTORED AT THE PERMITTED. EXPENSE BY MILLING AND RESURFACING TO MATCH OR EXCEED EXISTING PAVEMENT CONDITIONS, AND WILL BE IN FULL:LANE•WIDTH. 10: ALL PORTIONS OF THE STATE RIGHT-OF-WAY DISTURBED IN THE CONSTRUCTION OF THE PROPOSED WORK SHALL BE RESTOREDTO F.D.O:T. SPECIFICATIONS. 11. WHEN THE PERMITTEE'SOPERATIONS ENCOUNTER OR EXPOSE ANY ABNORMAL CONDMON WHICH IVIAY INDICATE THE PRESENCE OF A HAZARDOUSWASTE, TOXIC WASTE, OR CONTAMINANTS, SUCH OPERATIONS SHALL CEASE IMMEDIATELY IN THE: VICINITY, OF THE ABNORMAL CONDITION AND: a):IMMEDIATELY CONTACT THE ASSISTANT CONTAMINATION ' IMPACT COORDINATOR AT THE ENVIRONMENTAL 'MANAGEMENTOFFICE AT 1000 NW 111 "AVE MIAMI FLORIDA 33172 (TELEPHONE NUMBER (305) 470-5138) AND INFORM HER OF THE FIELD ASSESSMENT RESULTS. b) PROVIDE THE DEPARTMENT COPIES OF CONTAMINATION -RELATED DELIVERABLES SUBMITTED TO ENVIRONMENTAL REGULATORY AGENCIES. THE REPORTS ARE TO BE SUBMITTED TO THE DISTRICT CONTAMINATION IMPACT COORDINATOR: AT.1000 NW 111" AVENUE, MIAMI, FLORIDA 33172-5800, ROOM # 6109. ' 6 Page 1/2 SPECIAL PROVISIONS FOR SPECIAL PERMIT # 2011 C 690 15 SECTION # 87120/87054/87053, STATE ROAD # 90/922/968 CONSTRUCTION AGREEMENT FOR INSTALLATION OF STAINLESS STEEL BIKE RACKS, PHASE I & II - CITY OF IVIIAMI EVERY EFFORT SHALL BE MADE BY THE PERMITTEE TO MINIMIZE THE SPREAD OF ANY CONTAMINATION INTO UNCONTAMINATED AREAS. NOTIFICATION OF PERSONNEL AND SELECTION OF COURSE ACTION SHALL BE IN ACCORDANCE WITH PROCEDURE 650-030- 010-B, RESOLUTION OF RIGHT-OF-WAY CONTAMINATION ISSUES. UNDER NO CIRCUMSTANCES WILL THE PERMITTEE RESUME OPERATIONS IN THE AFFECTED AREA UNTIL SO DIRECTED BY THE DEPARTMENT'S INSPECTOR. 12. IN THE EVENT THAT IT BECOMES NECESSARY TO ACCOMMODATE PASSAGE OF ANY EMERGENCY:VEHICLE, PASSAGE SHALL BE MADE AVAILABLE BY CLEARING ALLPERSONNEL ANDSTAGED EQUIPMENT THATMAY INTERFERE WITH ITS PASSAGE IMMEDIATELY. 13. THIS PERMIT DOES NOT GRANT APPROVAL FOR THE INSTALLATION, MODIFICATION, OR OTHER CONSTRUCTION OF ANY UTILITY CONNECTION(5) WITHIN THE f.D.O.T. RIGHT -OF WAY A SEPARATE UTILITY CONNECTION PERMIT APPLICATION BY THE UTILITY OWNER MUST BE SUBMITTED TOANDAPPROVED BY THE:DEPARTMENT PRIOR TO BEGINNING ANY WORK IN CONJUNCTION WITH ANY PROPOSED UTILITY CONNECTION (5). 14. THE PERMITTEE SHALL PROVIDE AND MAINTAIN SAFE TEMPORARY ACCESS to ALLADJACENT PROPERTY AT ALL TIMES AND SHALL MAINTAIN ACCOMMODATIONS FOR INTERSECTING ANDCROSSING TRAFFIC WITHIN THE CONSTRUCTIONS ZONE No ROAD OR STREET CROSSING SHALL BEBLOCKED OR UNDULY RESTRICTED AS DETERMINED THE ENGINEER. 15. THE PERMITTEE WILL ENSURE THAT NO UNSAFE AREA(S) FOR PEDESTRIANAND MOTORIST WILL REMAIN DURINGANY•TIME OF THE CONSTRUCTION. THEY SHALL BE PROTECTED IN ACCORDANCE WITH THE F.D.O.T. ROADWAY AND TRAFFIC DESIGN STANDARDS - INDEXSERIES 600. 16. IN THE EVENT THAT SOD iS DAMAGED DURINGCONSTRUCTION, •IT MUST BE REPLACED AND MAINTAINED UNTIL THE .SOD:IS ESTABLISHED. 17. A COPY OF THIS PERMITAND PLANS WILL BE ON JOB SITE AT ALL TIMES DURING THE CONSTRUCTION' OF THIS FACILITY: 18.. PERM ITTEE IS CAUTIONED THAT' UfILITIES MAYBEIOCATED WITHIN THE CONSTRUCTION AREA. 19. VALIDITY OFTHIS PERMIT IS CONTINGENT UPON PERMITTEE OBTAINING NECESSARY PERMITS FROM ALL OTHER AGENCIES INVOLVED. 20FINAL RESTORATION SHALL BE COORDINATED WITH THE DEPARTMENT REPRESENTATIVE. ALL PORTIONS OF THE STATE RIGHT-OF- WAY SHALL BE RESTORED WITHIN THIRTy-(30) DAYS UPON COMPLETION OF THE PEFiMITTED,INSTALLATION. 21. BEGINNING ANY WORK WITHIN THE F.D.D.T.:RIGHT-OF-WAY ASSOCIATED WITH THIS pERMITCONSTITUTES ACCEPTANCE OF THESE CONDITIONS. Page 2/2 A� b . CERTIFICATE OF LIABILITY INSURANCE DATE rai1 YY, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS<UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE .COVERAGE AFFORDED :BY THE POLICIES BELOW. THIS CERTIFICATE: OF INSURANCE DOES NOT CONSTITUTE A' CONTRACT' BETWEEN THE ISSUING'INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE' HOLDER. . IMPORTANT: If the certificate' holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject. to the terms and conditions ofthe 'policy, certain policies may require an endorsement. A statement on this: certificate does not confer rights to the certificate holder in lieu' of such endorsement(s). ... .. .. _.. PRODUCER - MARSH USA INC. 500 WEST MONROE STREET' ' CHICAGO, IL:60661 057572-ALL-GAWUX-10-11 CONTACT 'NAME: I FAX JAtc No: Eztl: No1: _u_Ai.c, E-MAIL ADDRESS: ..!MSURER(ST AFFORDING: COVERAGE . ... .. 1' :.NAICp INSURER A : Old Republic Insurance Co 124147 INSURED F.H:PASCHEN S.N. NIELSEN AND ASSOCIATES, LLC 290NW 165TH STREET SUITE P200 MIAMI,'FL 33169 . .. .. INSURERB: Illinois National Ins Co 123817 INSURER C: Westchester' Fire Insurance Company: (21121 INSURER D: INSURER E :. INSURER F: .. - ....- I.. .. . COVERAGES CERTIFICATE NUMBER: . . CHI-0134205782-00 REVISION NUMBER:5 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE'INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH 'RESPECT TO WHICH THIS CERTIFICATE MAY. BE -ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY .HAVE .BEEN REDUCED BY'PAID CLAIMS. ' INSR TR . TYPE OF INSURANCE INSR 'NVD - .'POUCY NUMBER .. . fNPOLICY EFF IMDDlYYYY) . M/DOYEXP IMMIDDIYYYYt - LIMITS A GENERAL X UABILtTY COMMERCIAL GENERAL LIABILITY .. X .00CUR ,_ ::. B5DG9603 i001 .. _ 1010101010/01/2011 - EACH 5 1,000,000 :DAMAGE TO.RENTED - PREMISES (Ea occurrence) 5 .300'000. I,CLAIMS=MADE MED EXP (Any one person) :5 • 10,000. PERSONAL B AOV INJURY '5 .1050,000; �- GENERAL AGGREGATE .- 5 ..2,000,000; GEN•L AGGREGATE LIMIT APPPLIEES-PERT POLICY .I PcT.. : I LOC _ _ Jy PRODUCTS -COMP/OPAGG> 5 .:2,000,000 X : ._ _5 A AUTOMOBILE X LIABILITY ANY AUTO ALLOY171E0I'SCHEDULED AUTOS • 'HIRED AUTOS-' t.AUTOS X IAUT'NONOS-0WNED. B5CA96031001 10/01/2010 10/01/2011 {Ea aCOMBINaideOn!i SINGLE LIMIT 5 - 1.000,000. ,BODILY INJURY (Per person) 1 5 . BODILYINJURY.(Per accident) 5 X (Per accident) PROPERTY DAMAGE $ B UMBRELLA LIAB X EXCESSUAB :OCCUR ..CLAIMS -MADE . 9786881 10/01/2010—t001/2011` EACH OCCURRENCE 5 25,000,000 AGGREGATE -5 25.000,000 X 1 RETENTION 5 10,000 DED:1{j A . A WORKERS COMPENSATOR AND EMPLOYERS' LIABILITY. ANY: PROPRIETOR/PARTNER/EXECUTIVE OFFICERFMEMSER.EXCLUDED? (Mandatory in' NH) Ifyes, :describe under DESCRIPTION OFOPERATIONS Y t 11 . N.: Ni'A' B5DW96031001'(/OS) B5C'rV96031001 (WI) .. -' 10/01/2010 10/01(2010 .. 10/01/2011 10/01/2011 ' X 1 Vt - TATU OFn_ I It S )'y',' E.L:'EACH A L'OIOENT ;-5 1,000,000 E.L. DISEASE - EA EMPLOYEE- 5 - != i , .. below ;E.L. DISEASE -POLICY LIMIT.. 5 . 1,1300;000. C EXCESS LAYER LIABILITY G21936094006 ' /0/0112010 10101)2011 ' Each Occurrence: '"25,00D,000 Aggregate: 25,000,000 .DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (Attach ACORO .tai, Additional Remarks Schedule, If more space 1e required). Re: City of Miami JOC HorixontallConstructihn 09-3645 - Florida Department of Transportation is included as additional Insured (except Workers Compensation) where required,by written contract. This insurance is primary and rI j p1itnii0IW "il spect to th General.' Liability, Auto: Liability, and, Umbrella Liability policies, over any existing insurance and limited liability arising. out of the operatwns of the named insured: and where requireni¢y:w' i t n•co ctt ire ver of subrogation is applicable where required by written contract with respect to the Workers' Compensation, General Uabiliiy, end, Auto Liability policies. O JULtr r. ,. .3i.. 4. r t CERTIFICATE HOLDER • CANCELLATION Florida'Deparlment of Transportation District Six Permit Office 1000.NW 111 Ave. Room 6207 Miami, FL 33172 ACORD 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED; POLICIES BE CANCELLED BEFORE THE :`EXPIRATION' DATE THEREOF, NOTICE WILL BE .DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE- . or: Marsh. USA Inc.. .Ketey E. Jones ©1988-2010 ACORD:CORPORATION. All•rigtits reserved. The ACORDname'and logo are registered'marks of ACORD r 2011 OLD. REPUBLIC GENERAL INSURANCE CORPORATION WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Cancellation or Non -Renewal to Specified Persons or Organizations Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE'PROVIDED°UNDER THE FOLLOWING: WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE If we cancel or non -renew this policy for any ,reason other than non-payment, we will deliver notice of the cancellation or non -renewal to : all Specified Persons or. Organizations on file with us (30) thirty days;prior to the effective date of cancellation or non -renewal. If: we cancel thispolicy: for non-payment, we will deliver notice of the cancellation to all Specified Persons or Organizations on file with us (10) ten days prior to the effective date of cancellation: If notice is mailed, proofof mailing will be sufficient proof of notice. WC 99 03 5,8 (01/11.) Page 1 of:1 CITY OF MIAMI' CAPITAL IMPROVEMENTS PROGRAM ALICE N. BRAVO, P.E., DIRECTOR PLANS FOR: PROPOSED IMPROVEMENTS : TO Cl T YW/DE BICYCLE RACK AND S/GNA GE PROGRAM CITY OF MIAMI PROJECT NO. 8-30694 INDEX OF SHEETS SHY No' SHFET DFSCR/PDON 2 GENERAL NOTES PHASE -I 1-@ 70.1-55 PHASE 2 z-e 70 MISCELLANEOUS-CLWSTRUCTICW OETAUS 61CYCLE RAO( RTSTALLADON - CORRIDORS DICYCLE RACK INSTALLATION,- CUNM'OLY(S -71307. DESIGN STANDARDS 2010 EM7701,0' INDEX. No. 601 TA07LANE T750-WAY, 77VRK OUTSIDE SNOISD R 603 T60 ANE 706-WAY. WCWK I004V EKE TRA6(1 i434 GtNFRN1NG SDINLMRDS 0 D SPEcourf -'S - FLORIDA DEPARTMEN7OF IRINSFDRTA7F.N. DESAT' 576161:ROS GATED, 20,0 AND' 57ANG.010 ERECl/770TICNS FOR ROAD AND 6R/OCE CONST6UCTI.ON DATED 2010, AS ANEROID D courwcr DOCUNEN'15: ▪ CO/' OF Now EAGY(EERi G S0MIOM05 GATED DEC£A69£R 2070 - M AVA OF. 'NiFORM'NT LIM STANDARDS FOR DESIGN' LDNS7RUCP.O0. AN0 7447111ENANCE FOR STREETS AND TLGMYAYS (2DD9).. PREPARED FOR, CITY OF MIAM/ CAPITAL IMPROVEMENTS PROGRAM A4A SW ?N0 AYE. NIANI. 7103/0A 33130 GP PROJECT MANAGER: ORLANDO M.ISAS BICYCLE COOROTNATO/: COLLIN WORTH . 'PLANS PREPARED. BY PALM L ,,.0I7,l4. ENGINEEAIN0 '3N GNOUP,INC. 5'A N 00*76406 Iu CL'RNICAIE 0 PUMGZ(ZATION NO 0463 ATTENTION IS DIRECTED TO ME FACT 71i70' THESE £XN(0(7S' WERE MDT DRAWN l) SCALE AND SHOULD MFFEFORE NOT BE DSO FOR Tn'E. PURPOSE OF 007014/NG SEALEDDATA ME. INTENT OF ME EXNOf/5 IS ID PRONO£ INFOR4NRDN RETARDING 0(E GENERAL LOCATION. OF. Gad " /0 DE INSTAILEO.. 2011 C 690 15 WORK WITHIN THE F. ■ M DI p. T. RIGHT OF WAY SHALL CONFORM TO CURRENT F. D:O: T. STANDARDS AND SPECIFICATIONS ' ENG:cEER or RECORG GREGORY E. PERRY, P.E. FLOR:OA REGIS1RALO.N P.E. Nw 53376 ANOSf.WHAT! 8 BELOW ALWAYS CALL 811 . BEFORE YOU DIG wwx.ca6su n 4IIlneXorII MAYOR TOMASP. • RECALADO ' COMMISSIONERS WFREDO. ({NW-) GORY MARC SARNOFF. FRANK CAROLLO FRANCIS SUAREZ RICHARD P. DUNN, I/ CITYMANAGER .TONYCRAPP, ,.R. RECEIVED PERMITS OFFICE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION AGREEMENT MAY 0 6 2011 2011 690 di MIAMI, FLORIDA TRANSPORTATIONOF 850-040-89 MAINTENANCE of0c 06/10 Page 1 of 4 THIS CONSTRUCTION AGREEMENT (this "Agreement") is made and entered into by and between the State of Florida, Department of Transportation, District 6, 1000 NW 111th Avenue, Miami, FL 33172 (hereinafter referred to as the "DEPARTMENT') and City of Miami 444 SW 2nd Avenue, 8th Floor, Miami, FL 33130 (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 5 Section 87030 Subsection 000 from Begin MP 7.324 to End MP 7.620 Local Name US-1 (South Dixie Highway) located in Miami -Dade 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 serviceslspecial provisions. 2. The Project shall be designed and constructed in accordance with the latest edition of the DEPARTMENTS 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 Project. Such amount shall be carried in a minimum amount of not less than and 00/100 Dollars ($ ) for o• iij , , •r.• - t� ,.• .R ne person or any number of persons in any one occurrence, and not less than and 00/100 Dollars ($ for property damage, or a combined coverage of not less than and 00/100 Dollars ($ ). 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 antl insurance shall remain in effect until completion of construction and acceptance by the DEPARTMENT. Prior to commencement of the Project and on such other occasions as the DEPARTMENT may reasonably require, the Construction Coordinator shall provide the 850-040-89 MAINTENANCE OGC — 08/10 Pogo 2 of 4 DEPARTMENT with certificates documenting that the required insurance coverage is in place and effective. If the Construction:Coordinator is.a local govemmental.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 180 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 850-040-89 MAINTENANCE OOC — 06/10 Page 3 of 4 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 sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. The 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 850-040.89 MAINTENANCE OGC — D6/10 Page 4 of 4 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. (See attached Addendum) CONSTRUCTION COORDINATOR CONTACT INFORMATION Name Elia Nunez, PE Title Senior Project Manager, Capital Improvements Program Office No. 305-416-1213 Cell Email elianunez(miamigov,com Name Jose Lago, PE Title Senior Project Manager, Capital Improvements Program Office No. 305-416-1252 Cell Email Jlago(a�miamigov,com Mail Address 444 SW 2"d Avenus, 8th Floor, Miami, FL 33130 IN WITNESS WHEREOF, Construction Coordinator and the DEPARTMENT have executed this Agreement for the purposes herein expressed on the dates indicated below. CONSTRUCTION COORDINATOR By: Tony E. Crapp City Manager (Signature) (Print Name) (Title) (Date) DEPARTMENT OF TRANSPORTATION By: OA VI-/ ‘04 (Signature) (Print Name) P--'L r4,4( a 5116(i ( (Date) Legal Review: r LC 1 ti- 2011 C 690 14 (Title) ADDENDUM The followin t rm Cd conditions are incorporated into and form a part of the Construction Agreement, dated . / I(.Q 1 , between the State of Florida, Department of Transportation, 1000 N.W. 111th Avenue, Miami, FL 33172 (hereinafter referred to as the "DEPARTMENT") and the City of Miami , a Florida municipal corporation located in Miami -Dade County, (hereinafter referred to as the "Construction Coordinator"). Addendum Controlling. In the event there is a conflict between the terms and conditions of the Agreement or any attachments, exhibits or addenda thereto and this Addendum, this Addendum shall control. The following language will be added as Paragraphs 31 and 32: 31. Nothing in this agreement shall be deemed or otherwise interpreted as waiving the Construction Coordinator's sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. 32. The hold harmless and indemnity given by the Construction Coordinator in the Agreement is subject to the limitations of Section 768.28, Florida Statutes, and is limited to the negligent acts or omissions of the Construction Coordinator in the performance of this Agreement. City of Miami, a municipal ATTEST: corporation of the State of Florida Priscilla A. Thompson, City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: Julie O. Br City Att9r ey APPROVED AS 7fO INSUR L NCE REQUIREMENTS; Gary Reshefsky, Dire ' or Risk Management Depart ent SPECIAL PROVISIONS FOR PERMIT # 2011 C 690 614 SECTION # 87030, SR /�111 C 90 14 Construction Agreement Permit for City of Miami for Wall Replacement at US-1 between SW 19 &17th Avenues 1. Coordinate pre construction meeting with the Department representative, Mr. Anthony Goldberg at (305) 256- 6337, fax (305) 256-6364 at least forty-eight (48) hours prior to commencement of work. 2. Submit a detailed lane closure form, noting work and time phases to the department at least two (2) weeks prior to actual lane closure work within the F.D.O.T. right-of-way. There shall be no lane closures between Thanksgiving and New Year's Eve due to moratorium. Lane Closure Information System (LCIS) — http://jis.atectrans.net/LCIS/. 3. Working hours within the F.D.O.T. right-of-way shall be between the hours of 9:30 a.m. and 3:30 p.m., or as directed by the department representative prior to commencement of work. 4. The Maintenance of Traffic (MOT) plans may be revised at the time of the pre -construction meeting. MOT must be in accordance with the current edition of the FDOT Roadway and Traffic Design Standards — Index 600, and M.U.T.C.D. as a minimum. 5. At least two VMS Board Panels shall be installed in the approaches to the job site at least two weeks (15) days prior the work begins. VMS board installation shall meet all clear zone requirements according to F,D.O.T Design Standards current edition. VMS board messages may contain at most three lines with eight CHARACTERS each and must state the date the work will begin. 6. Permittee is cautioned that utilities maybe located within the construction area; damaged Signal Loop Sensors shall be reconstructed to at least match the existing conditions at the permittee expense. 7. Damaged sidewalk, curb & gutter shall be replaced and/or constructed according to the F.D.O.T. Roadway and Traffic Design Standards — Index 300 (current edition), and/or constructed according to the F.D.O.T. Standards Specifications for Road and Bridge Construction — Section 522, in full width, full length sections. 8. Damaged pavement shall be restored at the permittee expense and in full width as well as damaged thermoplastic and raised reflective pavement markers. 9. Compact fill areas, including cut areas under the sidewalk that have been excavated more than 6" below the bottom of sidewalk, to a minimum of 95 % of AASHTO T 99 density. The area to be compacted is defined as that area directly under the sidewalk and 1 foot beyond each side of the sidewalk when Right -of -Way allows. (Spec. 522.4) 10. A copy of this permit and plans will be on the job site at all times during the construction of this facility. 11. Validity of this permit is contingent upon permittee obtaining necessary permits from all other agencies involved. 12. The permittee will ensure that no unsafe area(s) for pedestrian will remain during any time of the construction. They shall be protected in accordance with the F.D.O.T. Roadway and Traffic Design Standards - Index series 600. 13. The permittee shall provide and maintain safe temporary access to all adjacent property at all times and shall maintain accommodations for intersecting and crossing traffic within the constructions Zone. No road or street crossing shall be blocked or unduly restricted as determined by the engineer. 14. Final restoration shall be coordinated with the Department representative. All portions of the state right-of-way shall be restored within thirty (30) days upon completion of the permitted installation. 15. Beginning any work within the F.D.O.T. right-of-way associated with this permit constitutes acceptance of these conditions. 1/1 At277),,fek, CERTIFICATE OF LIABILITY INSURANCE OP !Dal DATE ' ram. "' 05/12/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an Al5DITIONAL INSURED, the pollcy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), PRODUCER BROWN & BROWN OF FLORIDA INC 14900 NW 79th Court Suite#200 Miami Lakes FL 33016-5869 Phone: 305-364-7800 Fac4 305-822-5687 ...ACT NAME: PRONE FAX (A1C, Na, E.'O: (NC No): EMAIL ADDRESS: AWD LICER a3TOMERORI METR002 Iruuxal(3)APro11DIHO COVERAGE MAO9 INURED Metro Express Inc 9442 NW 109 Street Medley FL 33178 INSURER : Tsa.ales. cuaalty LRasaq Co 19038 INSURER El Charter Oak Fire Ins Co 25615 INSURER C• Travelers P & C Ins Co 36161 OUR ERO; 10701 INSURER E: TAa ,*o..n I,., ,. c._. y 25623 YISURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: TWS IS TO CFATFYTNAT TINS PO JOEs x P^' u^e,g1D BELOW INVE BEGI ISL%E0 TO TIE OCUREO NAAED ADWE PORTHE POLNT' PERIOD NDO.ITED. NORVITN4TMOINONP RW.101Z*ENT,TERY DRCONDIfR%IOr AM'CIRITRACT OR DTIERDOCIAAENTIWTIREBPECTTOYMIOH THIS CERTFICATE MAYBE 199ED OR NAY PERTAN, THE INSURANCE AFFORDED BYTHE P0JCE5 Dr4,sWPO NERENI3 SUBJECT TO All TNETERM3, EXOIISIQJS AIO COMMIOISOF SUCH POLICIES. LAETS SNOWNMAY IM4EBEENREDIICED BY PND OLWAT WAR LTR TYPE Of NSIBWfGE N�SRL SONI 1VV0 POLICYNUNBER POLOT EFF (lIMDOA'Mj PEA.Y EXP (NW9DlYYYY) LINRI A mEMERAL x unMtlrr P.IAoowic BAN. LAABRIfY X 'occuR X 0T• 00. 209A709,11,10 09/12/10 09/12/11 EACHOCCLRRENCE 4 1,000,000 oJaRENTED PREwws SES(E.amvmme) ; 300,000 CINMSMADE 6EDExPo,a,OP:•W 4 5,000 PERSONALS ADV NAAT/ 3 1,000,000 8ENERALAc4EDATE 3 2,000,000 mea.AOOREGATELAYTAFPLESPER 7 POLICY 1 PFRC1 n LOC MOOS .CDLPOPAGG a 2,000,000' 3 B ADTOMOBNE X X X UMW( ANYAOTO ALL OMWFD AUTOS SOEMEED AUTOS ImEroeDIAMX NONAVAED AUTOS DT-Su-120,R0o9.1wa9 09/12/10 09/12/11 .3 6PMD BNOLELMR {RWWWW 3 1,000,000 BO HN INJURY(Pm mm0 1 BDDLY INJURY (Pa uAbd) 3 PROKMY OAWWE Baacelrt) $ 3 3 ,C X ANORWAwe OCEM U 9 X OCaP C1AFd341AAE 07401w-0209A709_T„-,9 09/12/10 09/12/11 EAcHoca eNm 3 3,000,000 Acc0EOATE a 3,000,000 DEDUCTIBLE scru 1+ I $ 3 D 'roRNERF CCNPENUTION AND EMPLOYERS' LIABILITY TfNEN ANY PROPRETOMWOWERMXEM TE OFFOHVMB/EOLBXCUDED7 KA0na0Mry4NH) L re,&Albs .der DESCRIPTION OF OPERATIONS below NIA 0830-38388 09/22/10 09/22/11 X T1RYuATs. X om EL EACH ACCIDENT F 1,000,000 ELDISEABE.EASOLOYEE i 1,000, 000 EL DLSFASE-MUM' LW 31,000,000 B Equipment Floater Leased/Rented 07.I90-110122900-N4-20 09/12/10 09/12/11 Limit 100,000 DERCRPTOD 0FOPERATOIIBI LOCA110DSI VEIRCLEB (ANaeh ACORD901 AAA4on R0nu64 ,..IM, 0lware.Purl.rpoFOd) Florida Department of Transportation, is an additional insured with regard to General Liability when required by written contract. 30 days notice of cancellation and 10 days applies for non-payment of premium. CERTIFICATE HOLDER CANCELLATION FLO-172 Florida Department of Transportation District Six Permit Office 1000 N H 111 Ave Room 6207 Miami FL 33172 SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE PNATION DATE THEREOF, NOTICE WALL BE OEWEREO ACCORDANCE YAM THE POLICY PROYINONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/09) ©1988-2009 ACORD ORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION AGREEMENT i isa' 2 t THIS CONSTRUCTION AGREEMENT (this "Agreement") is made and entered into by and between the State of Florida, Department of Transportation, District 6, 1000 NW 11th Avenue, Miami FL, 33130 850-040-89 MAINTENANCE OGC - 06/10 Page 1 of 4 (hereinafter referred to as the "DEPARTMENT") and City of. Miami Capital Improvements Program 444 SW 2nd Avenue, 8th Floor, Miami FL 33130 (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 5 Section g 70 10 Subsection from Begin MP $. 9{-o to End MP 1 . G / 0 Local Name Brickell Avenue from 25th Road to 15f1 Road located in Miami -Dade 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 Project. Such amount shall be carried in a minimum amount of not less than and 00/100 Dollars ($ ) for bodily 'rj, o tpne person or any number of persons in any one occurrence, and not less than aaE > ! and 00/100 Dollars ($ for property damage, or a combined coverage of not less than and 00/100 Dollars ($ ). 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 completion of construction and acceptance by the DEPARTMENT. Prior to commencement of the Project and on such other occasions as the DEPARTMENT may reasonably require, the Construction Coordinator shall provide the 850-040-B9 MAINTENANCE OGC —06/10 Page 2 of 4 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 mayotherwise 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 withinl‘4— 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 850-040-89 MAINTENANCE OGC - 06110 Page 3 of 4 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 sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. The 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 anyy 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 850-040-89 MAINTENANCE OGC — 06/10 Page 4 of 4 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. See addendum attached . CONSTRUCTION COORDINATOR CONTACT INFORMATION Name Albert Sosa Title City of Miami Capital Improvements Assistant Director Office No. 305-416-1224 Cell 786-376-3946 Email asosamiamiqov.com Name Title Office No. Cell Email Mail Address 444 SW 2nd Avenue, 8th Floor, Miami FL 33130 IN WITNESS WHEREOF, Construction Coordinator and the DEPARTMENT have executed this Agreement for the purposes herein expressed on the dates indicated below. CONSTRUCTION COORDINATOR By: �.� �"' (Signature) (Print Name) (Title) (Date) Tony E. Crapp, Jr. City Manager y I 1 C 90 17 DEPARTMENT OFJRANSPORTATION By: (Signature) g /31 t1 liv4r1-4_ciA (Print Name) (Title) (Date) 850-040-89 MAINTENANCE OGC — 02/11 Page 4 of 5 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. 30. The 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 Vendor/Contractor during the term of the Contract to perform employment duties within Florida; and 2. all persons, including subcontractors, assigned by the Construction Coordinator to perform work pursuant to the contract with the Department. ADDENDUM The followin• ern s and conditions are incorporated into and form a part of the Construction Agreement, dated ; , between the State of Florida, Department of Transportation, .1000 N.W. 111"' Avenue, t iiami, FL 33172 (hereinafter referred to as the "DEPARTMENT") and the City of Miami , a Florida municipal corporation located in Miami -Dade County, (hereinafter referred to as the "Construction Coordinator'). Addendum Controlling, In the event there is a conflict between the terms and conditions of the Agreement or any attachments, exhibits or addenda thereto and this Addendum, this Addendum shall control. The following language will be added as Paragraphs 31 and 32: 31. Nothing in this agreement shall be deemed or otherwise interpreted as waiving the Construction Coordinator's sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. 32. The hold harmless and indemnity given by the Construction Coordinator in the Agreement is subject to the limitations of Section 768.28, Florida Statutes, and is limited to the negligent acts or omissions of the Construction Coordinator in the performance of this Agreement. City of Miami, a municipal ATTEST: corporation of the State of Florida Priscilla A. Thompson, City Clerk APPROVED AS TO LEGAL FORM AND APPROVED AS T' INS R * CE CORRECTNESS: Julie O. Bru City Attorney 2011 C 690 17 REQUIREMEJ Gary Reshefsky, ! iredtor Risk Manageme t Department C MI 17 SPECIAL PROVISIONS FOR PERMIT # 2011 C 690 17 SECTION # 87030, STATE ROAD # 5, BRICKELL AVE BRICKELL AVE STREET LIGHTING REPLACEMENT BETWEEN 25TH RD F Miami -Dade County Public Works SHALL maintain all the proposed street ligh once the project is completed and inspected by the MDCPW. 7,es-/2. Pe:75 1. Coordinate pre construction meeting with Mr. Anthony Goldberg, at (305) 640-7249, at least forty-eight (48) hours prior to commencement of work. 2. Submit a detailed lane closure form, noting work and time phases to the department at least two (2) weeks prior to actual lane closure work within the F.D.O.T. right-of-way. Attached is the link for the Lane Closure Information System http://gis.atectrans.net/LCIS/. There shall be no lane closures between Thanksgiving and New Year's Eve due to moratorium. 3. Working hours within the F.D.O.T. right-of-way shall be between the hours of 9:30 a.m. and 3:30 p.m., or as directed by the depaitnient representative prior to commencement of work. 4. The Maintenance of Traffic (MOT) plans may be revised at the time of the pre - construction meeting. MOT must be in accordance with the current edition of the FDOT Roadway and Traffic Design Standards - Index 600, and M.U.T.C.D. as a minimum. 5. Permittee shall maintain all travel lanes open at all times. 6. Permittee is cautioned that utilities may be located within the construction area. 7. Any and all damaged sidewalk, curb & gutter shall be replaced and/or constructed according to the F.D.O.T. Roadway and Traffic Design Standards — Index 300 (current edition), and/or constructed according to the F.D.O.T. Standards Specifications for Road and Bridge Construction — Section 522, in full width, full length sections. 8. A copy of this permit and plans will be on the job site at all times during the construction of this facility. 9. Validity of this permit is contingent upon permittee obtaining necessary permits from all other agencies involved. 10. The permittee will ensure that no unsafe area(s) for pedestrian will remain during any time of the construction. They shall be protected in accordance with the F.D.O.T. Roadway and Traffic Design Standards- Index series 600. 11. The permittee shall provide and maintain safe temporary access to all adjacent property at all times and shall maintain accommodations for intersecting and crossing traffic within the constructions Zone. No road or street crossing shall be blocked or unduly restricted as determined by the engineer. 1/2 SPECIAL PROVISIONS FOR PERMIT # 2011 C 690 17 SECTION # 87030, STATE ROAD # 5, BRICKELL AVE BRICKELL AVE STREET LIGHTING REPLACEMENT BETWEEN 25TH RD & 15TH RD 12. Any and all damaged pavement markings shall be replaced according to F.D.O.T. Roadway and Traffic Design Standards. 13. Final restoration shall be coordinated with the Department representative. All portions of the state right-of-way shall be restored within thirty (30) days upon completion of the permitted installation. 14. Beginning any work within the F.D.O.T. right-of-way associated with this permit constitutes acceptance of these conditions. 2011 C 690 17 , 2/2 -------1 ® A� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) DATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an'endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). - PRODUCER- MARSH USA INC. 500 WEST MONROE STREET CHICAGO, IL 60661 057572-ALL-GAWUX-10-11 CONTACT NAME: FAX IA/C No. Extl: (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Old Republic Insurance Co 24147 INSURED F.H. PASCHEN S.N. NIELSEN AND ASSOCIATES, LLC 290 NW 165TH STREET SUITE P200 MIAMI, FL 33169 INSURER B Illinois National Ins Co 23817 INSURER C Westchester Fire Insurance Company 21121 INSURER D : INSURER E : INSURER F : • CHI-004205782-00 REVISION NUMBER:5 vTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LINTRR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DDIYYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY B5DG96031001 10/01/2010 10/01/2011 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 10,000 CLAIMS -MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES X POLICY I I PRO- JECT PER: LOC $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED x SCHEDULED B5CA96031001 10/01/2010 10/01/2011 COMBINED SINGLE LIMIT . (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per. accident) $ $ B UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE 9788881 10/01/2010 10/01/2011 EACH OCCURRENCE $ 25,000,000 AGGREGATE $ 25,000,000 $ DED X RETENTION $ 10,000 A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N NIA B5DW96031001 (AOS) 85CW96031001 (WI) 10/01/2010 10/01/2010 10/01/2011 10/01/2011 X WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,OOD,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 C EXCESS, LAYER LIABILITY G21986094006 10/01/2010 10/01/2011 Each Occurrence: 25,000,000 Aggregate: 25,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: City of Miami JOC Horizontal/Construction 09-3645 Florida Department of Transportation is included as additional insured (except Workers' Compensation) where required by written contract. This insurance is primary and non-contributory with respect to the General Liability, Auto Liability, and Umbrella Liability policies, over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract. Waiver of subrogation is applicable where required by written contract with respect to the Workers' Compensation, General Liability, and Auto Liability policies. CERTIFICATE HOLDER CANCELLATION Florida Department of Transportation District Six Permit Office 1000 NW 111 Ave. Room 6207 Miami, FL 33172 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Katey E. Jones tro,-'� ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD OLD REPUBLIC GENERAL INSURANCE CORPORATION WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Cancellation or Non -Renewal to Specified Persons or Organizations Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE If we cancel or non -renew this policy for any reason other than non-payment, we will deliver notice of the cancellation or non -renewal to all Specified Persons or Organizations on file with us j30) thirty days prior to the effective date of cancellation or non -renewal. If we cancel this policy for non-payment, we will deliver notice of the cancellation to all Specified Persons or Organizations on file with us (10) ten days prior to the effective date of cancellation. If notice is mailed, proof of mailing will be sufficient proof of notice. WC 99 03 58 (01/11) Page1 of1