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HomeMy WebLinkAboutPre-LegislationCrystal Report Viewer City of Miami Text File Report City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 11-00082 Enactment #: R-11-0074 Version: 2 Type: Resolution Status: Passed Enactment Date: 2/24/11 Introduced: 1/21/11 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 FDOTs 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 OF THE CITY OF MIAMI, FLORIDA: Section 1. 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 9:30:55 AM] iJ r ,iI:,;) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION T6 OFFICE APR � �� 850-040-89 CONSTRUCTION AGREEMENT MAINTENANCE L 1 P�; F TRANSPORTATION Page 1 of 4 0 �• 690 "UMW FLORIDA THIS CONSTRUCTION AGREEMENT (this "Agreement") is made and entered into by and between the State of Florida, Department of Transportation, �^ (hereinafter referred to as the "DDARTM NT") and "771 t� t Ty cr'-= /L1/ J /` �MP 4+✓�!L(E� (hereinafter referred to as the "Construct n 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 owher to finance, construct, and improve public transportation facilities; and „WHEREAS, the Construction Coordinator proposes to construct certain improvements to SR Section JZQ3 ji Subsection from Begin MP 00, a-) 0 to End MP it • 93 p Local Name /3r,'aG-II AV`/j.3lsl4oy Yilv.J. located in M,�,,„ 4._ 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 bEPARTMENT should construction be suspended for more than 5 working days.d Ti�o9 f4yl 4. Pursuant to Section 7-13 of the DEPARTMENT Stand i o ction 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 S ATTA E and 00/100 Dollars ($ ) for bodily injury or death to any one person or any 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 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 r 850-040.89 MAINTENANCE OGC — 02/11 Page 2 of 4 provide the DEPARTMENT with certificates documenting that the required insurance coverage is in place and effective. If the Construction Coordinator is a local governmental entity they will be exempt from these requirements. 5. The Construction Coordinator shall be responsible for monitoring construction operations and the maintenance of traffic ("MOT") throughout the course of the project in accordance with the latest edition of the DEPARTMENT Standard Specifications, section 102. The Construction Coordinator is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the DEPARTMENT Design Standards, Index 600 series. Any MOT plan developed by the Construction Coordinator that deviates from the DEPARTMENT Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the DEPARTMENT prior to implementation. 6. The Construction Coordinator shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. 7. The Construction Coordinator will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. 8. It is hereby agreed by the parties that this Agreement creates a permissive use only and all improvements resulting from this agreement shall become the property of the DEPARTMENT. Neither the granting of the permission to use the DEPARTMENT right of way nor the placing of facilities upon the DEPARTMENT property shall operate to create or vest any property right to or in, the Construction Coordinator, except as may otherwise be provided in separate agreements. The Construction Coordinator shall not acquire any right, title, interest or estate in DEPARTMENT right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Construction Coordinator's use, occupancy or possession. of DEPARTMENT right of way. The parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to chapter 163, Florida Statutes. 9. The Construction Coordinator shall perform all required testing associated with the design and construction of the project. Testing results shall be made available to the DEPARTMENT upon request. The DEPARTMENT shall have the right to perform its own independent testing during the course of the Project. 10. The Construction Coordinator shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the DEPARTMENT, applicable Water Management District, Florida Department of Environmental Protection, Environmental Protection Agency, the Army Corps of, Engineers, the United States Coast Guard and local governmental entities. 11. If the DEPARTMENT determines a condition exists which threatens the public's safety, the DEPARTMENT may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right of way at the sole cost, expense, and effort of the Construction Coordinator. The Construction Coordinator shall bear all construction delay costs incurred by the DEPARTMENT. • 12. All work and construction shall be completed within 30 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 terminatioh 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, andequipment 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 hot properly completed after receipt of the Notice of Completion, the DEPARTMENT, within its discretion may: 1) provide the Construction 850-040.89 MAINTENANCE OGC - 02/11 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 tight 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 tesulting 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 050-0A0.00 MAINI ENAIIGE GGC-02111 Peon A al A 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 nol he deemed a limitation on the Construction Coordinator's liability under the indemnities granted lo the DEPARTMENT in this Agreement. 30. The Construction Coordinator shall utilize the U.S. Department of Homeland Security's E-Verily 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 lo perform work pursuant to the contract with the Department. *See attached addendum CONSTRUCTION COORDINATOR CONTACT INFORMATION Name Al herf Snsa Title (apt fa] Tmprovement .Director Office No.305-41 6-1 224 Cell 786-376-3946 Email asosa@miamigq,v.. 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 pity Manager Approved 'o'Insurance ,Calvin Elli D rector `Risk Man- cement (Signature) (Print Name) (Title) Approved by City Attorney as to Legal form and correctness: Requirements: Julie f - ru City Attorney (Dale) f �2 DEPARTMENT OF -TRANSPORTATION � By: // / (Signature) 44 +1,' li .(li h A L F cl I (Print Name) 1 /3//Z Legal Review: ATTEST: 2012 e 690 12 /Lev. 1-, au Priscilla A. Thompson, City Clerk (Title) (Dale) ADDENDUM The following terms and conditions are Incorporated into and forma part of the Construction Agreement, dated , 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 followingIanguage 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. SPECIAL PROVISIONS FOR PERMIT # 2012 C 690 12 SECTION # 87030, STATE ROAD # 5 BISCAYNE BLVD/ BRICKELL AVE ROUTE, BETWENN SE 26 RD & NE 17 TERRACE CITY OF MIAMI TROLLEY City of Miami shall maintain all proposed Trolley Route signing at all times 1. Coordinate pre construction meeting with Mr. Anthony Goldberg, at (305) 256-6330, 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, 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. 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 (cun-ent 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. 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 Hermit constitutes acceptance of these conditions. 111 ® ACORECERTIFICATE OF LIABILITY INSURANCE �� DATE(MM/DD/YYYY) 0913012011 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-11-12 CONTACT PHON: (A/c No. EMI: FAX No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC N 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: Alterra America Insurance Company 21296 INSURER D : INSURER E : INSURER F : CERTIFICATE NUMBER: CHI-004205428-03 REVISION NUMBER:7 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 LTR OF INSURANCE ADDLTYPE INSR INSR WVDSUBR VWD POLICY NUMBER EFF (MPM/DD/YYYY) (MLICY LICY EXP M/DDIYYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY B5DG96031102 10/01/2011 10/01/2012 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ ' 300,000 MED EXP (AV y one person) $ 10,000 CLAIMS -MADE X OCCUR PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE X POLICY LIMIT APPLIES PRO JECT PER: LOC $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED X SCHEDULED AUTOS NON -OWNED AUTOS B5CA96031102 - 10/01/2011 10/01/2012 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 23102062 10/01/2011 10/01/2012 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 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N N/A B5DW96031102 (AOS) 85CW96031102 (WI) 10/01/2011 10/01/2011 10/01/2012 10/01/2012 X WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ C EXCESS LAYER LIABILITY MAXA3EC30000037 10/01/2011 10/01/2012 Each Occurrence: 25,000,000 Aggregate: I 25,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: City of Miami JOC Vertical Construction ITB No. 08-09-043 i Florida Department of Transportation is included as additional insured (except Workers' Compensalion) 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. Manashi Mukherjee ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 4�. IAMITROLLEY 'BISCAYNE=BRICKE CEfH RST 1 Ftrc+ril ; �i ayrie;Oric,:ell NB 133' 50• IN FRONT VIEW 0• 5 3 4 1_F:1 3 -Roo-re • • 8 ,t\ 140(tri4 MAP c,T INSERT BY tiEs•TaV OTHERS • sea 2 012.BA K1,Si 11./IANLif:TActl-IRIN)9 EC• IN SIDE VIEW RACK VIEW TOP VIEW 28 MAP FRAME 12 I I IIVIRM MAO micf COT, NAIR. GRAPHIC NON ILLUMINATED WAYRNDING POLE SIGN. CITY: 43 1 2 3/9' ROUND DIAMETER ALUNINUM PPE. It 2 .0130• ALUMINUM CON PM4EWITh DIGT,. mar. Ga..Prn itstsrwr IAININATE./ 3 I 3/4. X NV 2-EAR WITH I/2• • U • BOLT/NUT /t,7 4 DIGITAL PRINTED CUSTOMER PROVIDED GRAPHIC WITH GRASHI1 RE33ANT LAMINATE 5 BUTTON HEAD ECM WITH NUT. 6 VW ALUMINUM FRAME FOR MAP 54SI31. 7 1/8. ALUMINUM BACKER FOR MAP INSERT. 8 STAINUMS STEEL BUTTON HEAD TORX SCREW W/ BARREL BOLT (15) TOTAL " DIMENSIONS REVIEWED wrrx Jaw B. AT MEW COLORS: (I; • RARE ALUMINUM PMS 3425C /US 1665C JCEIVFfl OFRCE .., I Detho Thp FtrArAn Pm, CI 341L/II a-u1.1tr, An, Vool.o5 8, Jazoro0 r.Tcp.1 OR IL, 4! u/oR,Saltle P•or•cIp0ToT11e 5...1 EOM CI Tti2 5 , L. ai Fokrre tJAivle Lr , . 1$5511211.) 900 1305 Strost Wort RIvlora Boom FL 33404 Tel: (681) 11113-78411 Fasc (6111) 688-6170 1111111.111MMEEMIEN EH. Paschen INNIMIEMBIEBEINIM EMEMBEIBE 161111811(1.1904E01818118 SEAR-11! DE31011818 JA.14) I DATE 1-1.12 CMITION /11861 019939094 1 811 2842 JAY 'Due to varying alto. of raw material. •Iza• may vary. APPROVAL; „ CUENT APPROVA1.4 DATE: G D1.21 MIMI et IVI!.:17R 0 LtiErTMO 14. LE rSTi) DEPT OF TizANSPORTA.T3T'l FLGROA ictECE,IVED P'L9'aUTF ONCE • APR 11 2012 8 �: rKna ty .�.iy�' Y } ib+'}j31 a - 1 t S a �L pU �= 18g "� S SI+F {� ixfitfR' ���Gf �, ,,. • , iy "dit 7, f �e � � : r H, ti f ""�r` : c � ,.. t„, ., ,,," 1 1.`Sfkt�NS t Xi" �.i •..-fni t ;i�'fii. ; Ff; 1'C d`� .tdn».,,.. •I��`f•��4�w 3}E lif ft � t � i . i {�SLii�t4 �� � xh S' ' r � �� •fir ,i � ��I. �it�t/� �= �il .a �i . , NSF �� r i T •t 3� 7 ' `t 1 r.�it`4'�` e`"t �i -Y 4ii�}2 tR t.Y •i ,.i 201 f�� '' SE 25 Rd Mt Biscayne - Brickell Route - Northbound Y 202 SE 24 Rd Biscayne - Brickell Route - Northbound 203 SE 22 Rd Biscayne - Brickell Route - Northbound 204 SE 19 Rd Biscayne - BrickellRoute - Northbound 205 SE 18 Rd Biscayne - Brickell Route - Northbound 206 SE 16 Rd Biscayne - Brickell Route - Northbound 207 SE 15 Rd Biscayne - Brickell Route - Northbound 208 SE 14 Terr Biscayne - Brickell Route - Northbound ' 209 Financial District Metromover Biscayne - Brickell Route - Northbound 210 SE 12 St Biscayne - Brickell Route - Northbound 211 SE 10 St Biscayne - Brickell Route - Northbound 212 Tenth Street / Promenade Metromover Biscayne - Brickell Route - Northbound 213 Brickell Metrorail Station Biscayne - Brickell Route -Northbound 214 S Miami Ave Biscayne - Brickell Route -.Northbound 215 Eighth Street Metromover Biscayne - Brickell Route - Northbound 216 SE 8 St Biscayne - Brickell Route - Northbound 217 Brickell Bay Dr Biscayne - Brickell Route - Northbound 218 Claughton Island Dr Biscayne - Brickell Route - Northbound 219 Brickell Key Biscayne - Brickell Route - Northbound 220 SE 7 St Biscayne - Brickell Route - Northbound 221 Brickell Park Biscayne - Brickell Route - Northbound 222 Bayfront Park Metromover Biscayne - Brickell Route -;Northbound 223 Bayfront Park Biscayne - Brickell Route - Northbound 224 NE 1 St Biscayne - Brickell Route - Northbound 225 Bayfront Park Amphitheater Biscayne - Brickell Route - Northbound 226 Bayside Biscayne - Brickell Route -Northbound 227 Port Miami Biscayne - Brickell Route - Northbound 228 Arena Biscayne - Brickell Route - Northbound 229 NE 9 St Biscayne - Brickell Route -.Northbound 230 Museum Park Biscayne - Brickell Route -Northbound 231 Adrienne Arsht Center Biscayne - Brickell Route - Northbound 232 NE 15 Terr Biscayne - Brickell Route - Northbound 233 Margaret Pace Park Biscayne - Brickell Route - Northbound 234 NE 14 St Biscayne - Brickell Route - Southbound 235 Adrienne Arsht Center Biscayne - Brickell Route -Southbound 236 Museum Park Biscayne - Brickell Route -;Southbound 237 NE 9 St ` Biscayne - Brickell Route - Southbound 238 Freedom Tower Biscayne - Brickell Route - Southbound 239 Bayside Biscayne - Brickell Route - Southbound 240 Miami Dade College Biscayne - Brickell Route - Southbound 241 Bayfront Park Amphitheater Biscayne - Brickell Route - Southbound 242 - NE 1 St Biscayne - Brickell Route - Southbound 243 Bayfront Park Metromover Biscayne - Brickell Route - Southbound 244 Miami Convention Center Biscayne - Brickell Route - Southbound 245 SE 6 St Biscayne - Brickell Route - Southbound 246 SE 8 St Biscayne - Brickell Route - Southbound 247 Brickell Metromover Biscayne - Brickell Route - Southbound 248 Coral Way Biscayne - Brickell Route - Southbound 249 SE 13 St Biscayne - Brickell Route - Southbound 250 SE 14 Terr Biscayne - Brickell Route - Southbound 251 SE 15 Rd Biscayne - Brickell Route - Southbound 252 SE 16 Rd Biscayne - Brickell Route - Southbound 253 SE 18 Rd Biscayne - Brickell Route - Southbound 254 SE 19 Rd Biscayne - Brickell Route -Southbound 255 SE 22 Rd Biscayne - Brickell Route - Southbound 256 SE 25 Rd Biscayne - Brickell. Route - Southbound STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION AGREEMENT RECEIVED PERMITS OFF1'CE AUG 1 4 2012 2012 C 690 2 6 DEPT OF TIVAtSP3RTAT10N THIS CONSTRUCTION AGREEMENT (this "Agreement") is made and entered kffilAyFrriVg&ween the State of Florida, Department of Transportation, FDOT District 6. 1000 NW 111th Ave miami florida 33172 (hereinafter referred to as the "DEPARTMENT")and City of Miami. 444 SW 2"d Ave miami Florida 33130 (Address) (hereinafter referred to as the "Construction Coordinator"). 850-040-89 MAINTENANCE OGC — 04112 Page 1 o1 4 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 Construction Coordinator proposes to construct certain improvements to SR 972 Section S7 fr Subsectior from Begin MP 4, Fr32 to End MP 4-4-b2_ Local Name Coral Way (SW 22" STreet) 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 bye c rrie w t of not less than See Attached and 00/100 Dollar _.. ) odily injury or death t w bcit comber of persons in any one occurrence, and not less than See Attached Sr' n b� �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 850-040-89 MAINTENANCE OGC — 04/12 Page 2 of 4 provide the DEPARTMENT with certificates documenting that the required insurance coverage is in place and effective. If the Construction Coordinator is a local governmental entity they will be exempt from these requirements. 5. The Construction Coordinator shall be responsible for monitoring construction operations and the maintenance of traffic ("MOT") throughout the' course • of the project in accordance with the latest edition of the DEPARTMENT Standard Specifications, section 102. The Construction Coordinator is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the DEPARTMENT Design Standards, Index 600 series. Any MOT plan developed by the Construction Coordinator that deviates from the DEPARTMENT Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the DEPARTMENT prior to implementation. 6. The Construction Coordinator shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. 7. The Construction Coordinator will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. 8. It is hereby agreed by the parties that this Agreement creates a permissive use only and all improvements resulting from this agreement shall become the property of the DEPARTMENT. Neither the granting of the permission to use the DEPARTMENT right of way nor the placing of facilities upon the DEPARTMENT property shall operate to create or vest any property right to or in the Construction Coordinator, except as may otherwise be provided in separate agreements. The Construction Coordinator shall not acquire any right, title, interest or estate in DEPARTMENT right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Construction Coordinator's use, occupancy or possession of DEPARTMENT right of way. The parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to chapter 163, Florida Statutes. 9. The Construction Coordinator shall perform all required . testing associated with the design and construction of the project. Testing results shall be made available to the DEPARTMENT upon request. The DEPARTMENT shall have the right to perform its own independent testing during the course of the Project. 10. The Construction Coordinator shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the DEPARTMENT, applicable Water Management District, Florida Department of Environmental Protection, Environmental Protection Agency, the Army Corps of Engineers, the United States Coast Guard and local governmental entities. 11. If the DEPARTMENT determines a condition exists which threatens the public's safety, the DEPARTMENT may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right of way at the sole cost, expense, and effort of the Construction Coordinator. The Construction Coordinator shall bear all construction delay costs incurred by the DEPARTMENT. 12. All work and construction shall .be completed within 3c-2 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 — 04/12 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 7.68.28, 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 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 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 DEPARTMENTS 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 — 04/12 ' Page 4of4 this Agreement. The insurance coverage and limits required in this Agreement may 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. • Construction Coordinator: 1. shall .utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Construction Coordinator during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to .likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. *See attached Addendum* CONSTRUCTION COORDINATOR CONTACT INFORMATION Name Elia N. Lebron Title Sr. Project Manager Office No. 305-416-1213 Cell Email Elialebron(cz�miamiaov.com Name Title Office No. Cell Email • Mail Address 444 SW 2nd Ave miami Florida 33130 IN WITNESS WHEREOF, Construction Coordinator and the DEPARTMENT have executed this Agreement for the purposes herein expressed on the dates indicated below. CONSTRUCTION CORD By: Johnn City Manaaer ,NATOR 11-1,0-11 DEPARTMENT OF"TRANSPORTATION (Signature) By: - (Signature) (Print Name) A A' / 1 Is.�,-► 4 �� (Print Name) (Title) A 7 P (Title) (Date) if r/�Z Legal Review (Date) 012 690 26 ATTEST: l? Priscilla A. Thompson, City Clerk APPROVED AS TO LEGAL FORM AND CORRECTIONESS: City of Miami, a Municipal Corporation of the State of Florida / APPROVED ASTO INSURANCE REQUIRMENTS: Julie 0. Bru J Calvin Ellis, D ectbr City Attorney ' Risk Manage en Department ADDENDUM The following terms 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. 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 i 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. SPECIAL PROVISIONS FOR PERMIT # 2012 C 690 26 SECTION # 87054/ 87017, SR # 972 Construction Agreement Permit for City of Miami for Drainage Improvement At SW 23 Rd between SW is! Avenue & SW 3rd Ave 1. Coordinate pre construction meeting with the Department representative, Mr. Anthony Goldberg at (305) 640-7249, fax (305) 640-7239, or at Anthony.Goldberg@dot.state.fl.us at least forty-eight (48) hours prior 2012 'C 690 26 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 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. 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 pennittee 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 under 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 pennittee 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. 12. 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. 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. 111 OP ID: ED — ACORO• CERTIFICATE OF LIABILITY INSURANCE ki....„.-.- - DATE (MM/DD/YYYY) 07/16/12 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 305-446.2271 Kahn -Carlin & Company, Inc. 305-448 3127 3350 S.'Dixie Highway Miami, FL 33133-9984 Michael A. Bonet CONTACTAM: PHONE FAX lac. No. Ext): INC. No): E-MAIL ADDRESS: PRODUCER H& lAS 2 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED H&J Asphalt, Inc. �'n n �� r Y "utw•` 4310 NW 35th Avenue M1• Miami, FL 33142 iC) f °a"r (L - _1^� SEw 2 .G 2 1- C^ `,. •^)., J DEPT r, r•_+yr,-,n r .. INSURER A ;Insurance Co of State of PA Chards Specialty Insurance Co INSURER B INSURER C : INSURER D:. INSURER E: INSURER F: REVISION NUMBER: 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. INSR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL X LIABILITY OCCUR X GL4376353 12/31/11 12/31/12 EACH OCCURRENCE $ 1,000,000 X E iU R fcc rr PREMISES (Ea occurrence) PREMISES $ 300,000 CLAIMS -MADE MED EXP (My one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X I JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CA8263762 12/31/11 12/31/12 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ X X $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 6E067140339 12/15/11 12/31/12 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DEDUCTIBLE RETENTION $ 10,000 $ X $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Y/N NIA WC0069S8259 12/31/11 12/31/12 X TOSLMS OETRH- E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 below E.L. DISEASE - POLICY LIMIT 1 $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) RE: 442.B30744.00 SW 23rd Road from SW 3rd Ave. to SW 1st Ave; Florida Department of Transportation is an additional insured with regard to General Liability when required by written contract. 30 days notice of cancellation except 10 days for non-payment of premium applies. CERTIFICATE HOLDER CANCELLATION FLORI-5 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 ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I) T C OFFICE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION AGREEMENT 2012 C 600 21 1 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 FI 33172 (hereinafter referred to as the "DEPARTMENT") and The City of Miami 444 SW 2nd Avenue. 8rh Floor. Miami FL 33130 (hereinafter referred to as the "Construction Coordinator"). 1. JUL 1 c'2017 r 850-040-89 MAINTENANCE OGC — 04/12 Page 1 o' S 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 t onstruct certain improvements to SR /7.� Section 8'70�-�I Subsection — 'fam Begin MP3,36.3 to End MP Local Name SVV 28th Road: from Coral Way to SW 25d Ave. located in 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 DEPARTMEEN, . 19.iVe Airs Aay and the Construction Coordinator's performance of the Project. Such amount shall be ga ,�j r : Ir.d •it•t�f not less than and 00/100 Dollars ($t• ) for bodilyinjury or death to anyoneperson or anynumber ofpin anyone persons occurrence, and not less than a4�119/811,gI}K{:, ) for property damage, or a combined coverage of not less than and 00/100 Dollars ($ ). 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 850 040-88 MAINTENANCE OGC — 04/12 Page 2 of 4 provide .the 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 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. Ail work and construction shall be completed within 3 6 ,)---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 es 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 800-040-89 MAINTENANCE OGC — 04/12 Pape 3 014 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 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 768.25(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 DEPARTMENTS 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 aso-o4o-a9 MAINTENANCE 00C -04112 Pogo 4 0l 4 this Agreement. The Insurance coverage and limits required in this Agreement may or may not be adequate to protect the DEPARTMENT. andsuch 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. Construction Coordinator: 1, shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment .eligiblllty of all new employees hired by the Construction Coordinator during the teen of the contract; and • 2. shall expressly require any subcontractors performing work or providing services. pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. *See attached Addendum* CONSTRUCTION COORDINATOR CONTACT INFORMATION Name Manuel Mejido Title Project Manager Office No. 305-416-1289 Cell Email mmejldomiamigov.com Name Elia Lebron, P.E. Title Senior Project Mamger Office No. 305-416-1213 Cell Email elialebronmiamigov.com Mail Address 444 SW 2nd Avenue, 8th floor, Miami FI 33130 IN WITNESS WHEREOF, Construction Coordinator and the DEPARTMENT have executed this Agreement for, the purposes herein expressed on the dates indicated below. CONS ' UCTION CO • RD ATOR DEPARTMENT OF TRANSPORTATION By: Johnn ALL_ PEI City 'anager P.E. (Signature) (Print Name) (Title) (Date) ATTEST: Priscilla A. Thompson, City Jerk %//a_. By: (�.�-ter (v�* l�[�%�_= (Signature) (Print Name) (Title) (Date) Legal Review: 0i ' 690 211 APPROVED AS TO LEGAL FORM AND APPROVED IS TO IN.URANCE. CORRECTNESS: REQUIREMENTS: Julie O. Bru, City Attorney Calvin 'His, Director Risk M=nagement D-pa ant ADDENDUM The following terms 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. 111v' 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. 012 C 690 21 1 SPECS PROVISIONS FOR PERMIT # 2012 C 690 21 SECTION # 87054 STATE RO�p # 972 SW 3 AVE RECONSTRUCTION OF SW 28 RD AT SW 3RD AVE 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. 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 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 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 detennined by the engineer. 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. 1/1 �/ .R1® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/30/2011 ' 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(les) must be endorsed. If SUBROGATION 1S 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 tho certificate holder in lieu of such endorsomont(s). PRODUCER � MARSH USA INC. ,*+>�c-Ar+r1 500 WEST MONROE STREET s +y jgE &)„ ag OFRCE CHICAGO, IL 60661 ffGW ff Pt. ° 2R Bel 057572-ALL-G4WUX-11-12 `t CONTACT NAME: PHONE FAX (AKExtY (AIC. Not: E-MAILNo ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL 9 INSURER A Old Republic Insurance Go 24147 ytI INSURED Del- 1 i:l` : P1.:,;iRsl �i)Fm,7:'.,." .) F.H. NIELSEN QPtAA}i c r1D,.{; S.N. NIEISENAND ASSOCIATES, LLC �•• •••••.. W 290 NW 165TH STREET SUITE P200 MIAMI, FL 33169 INSURER e : 91inDis Nabonai ins GD 23817 INSURER C ; Alterra America Insurance Company 21296 INSURER D : INSURER E : INSURER F : CERTIFICATE NUMBER: CHI-004205782-03 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 BYIIPAID CLAIMS IPOLICY NSR TYPE OF INSURANCE DER SWVp POLICY NUMBER EXP •(mMIIIDY)YYYY]jjp1AIOD/YYYY) LIMBS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY EEDG96031102 . - 10/01/2011 10/01/2012 . EACH OCCURRENCE $ 1,000,000 DAMAGE TO ENTED PREMISES Ea occurrence) $ 300,000 MED EXP (Any one. person) $ 10,000 CLAIMS -MADE I X I OCCUR PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AG $ 2,000,000 APPLIES PER: GEM_ AGGREGATE UMn : I POLICY n JPRECOT• koc $ A AUTOMOBILE X X LIABILITY X SCHEDULED B5CA96031102 10/01/2011 10/01/2012 COMBINED SINGLE IMIT (Ea accident) $ 1,000,W0 BODILY INJURY(Per person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE (PerERTaccident) $ $ 8 X UMBRELLA LIAB EXCESS UAB X OCCUR CLAIMS -MADE 23102062 10/01/2011 10/01/2012 EACH OCCURRENCE $ 25,000;000 AGGREGATE s 25,000,000 $ DED . X RETENTIONS 10'°°° A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROP.RIETOR/PARTNER/EXECUTIVE OFFIGER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OFOPERATIONS'below - YEN NlA B5DW98031102 (AOS)' ' ' a5cwsso311D2 (WI) 10/01/2011 - 10/01/2011 10/01/2012 • 10f01/2012 X WC STATU- OTH- TORY I IMITS FR E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1 EL. DISEASE - POLICY LIMIT $ 1,000,000 C • EXCESS LAYER LIABILITY MAXA3EC30000037 10/01/2011 10/01/2012 Each Occurrence: 25,000,000 Aggregate: 25,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach AC ORD 101,Addllional Remarks 5chedulo, H more spade is required) Re: City of Miami JOC Horizonlal/Construction 09-3645 Florida Department of Transportation is included as addilional insured (except Workers' Compensation) where required by written contract This Insurance is primary and non-contributory with respect to the General Liability, Auto Uab0ity, and Umbrella Liab0lty pobcies,•over any existing Insurance and limited to Bahl* arising out•ol the operalions of the named insured and where required by wrlllen contract. Waiver of subrogation Ls applcabte where required by written contract with respect to the Workers' Compensation, General Liability, and Auto Liability policies. CERTIFICATE HOLDER CANCELLATION Florida Department of Transportation DLslricl 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. ManashI Mukherjee—.V.La.N..Po '•.Zv r� t n+ ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD OLD REPUBLIC GENERAL INSURANCE CORPORATION 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: BUSINESS AUTO COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART 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 (301 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. Named Insured F.H. Paschen, S.N. Nielsen & Associates LLC Policy Number B5DG96031102 Endorsement No. 001 Policy Period 10/1/2011 to 10/1/2012 Endorsement Effective Date: 10/1/2011 Producer's Name: Marsh USA, Inc. Producer Number: 312-627-6000 AUTHORIZED REPRESENTATIVE IL ENGN00040111 October, 2011 DATE