The URL can be used to link to this page

Home My WebLink AboutExhibit - AgreementsSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUNTS OFF4CE NWNTENANCE CONSTRUCTION AGREEMENT 0GC-QV10 APR 16 2013 ��R0 U�� K� �� ~^ � �� u � �^� � �s Page ,m+ THUS CONSTRUCTION AGREEMENT (this and entereVIM WiSnAbetween the State ofFlorida, Department ofTransportation, District G. 1DOONVV1T'Avenue, Miami FL. 33i3O (hereinafter referred to as the "DEPARTMENT") and Citv of Miami Cal)ital Imorovements Prooram 444SVV2n«Avenue. BthFloor. Miami FL3313D (hereinafter referred toasthe 'Construction Coovdinotor'). VVD7NGSSETH: 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 NHEREAS, 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 toconstruct certain improvementsto 4_ SR 5 Section Vf)00 Subsection ---- from Begin MPX71. J44 to End K8P4/ /0 ',I�7/0 Local Name See attached set ofPlans for various locations located inMiami-Dade County (hereinafter referred toosthe "Project^); and VVHEREAS, the parties dsoina to enter into this Agreement for the Construction Coordinator to make improvements within the DEPARTMENT'S right of way to oonatruotthe Pnojeot, which will become the property of the Department upon acceptance ofthe work. NOW, THEREF(JFlE, based on the premises above, and in consideration of the mutual covenants contained henain, 'the parties hereby agree that the construction of the Project shall proceed in accordance with the following terms and conditions: 1. The naoitn|s set forth above are specifically incorporated herein by reference and made a part of this Agreement. The Construction Coordinator is authorized, the conditions set forth henain, to enter the DEPARTMENT'S right ofway toperform all aot��@� 09s�uotionofSee attached exhibit Ascope of services/special pmx|o{onn. �� V�4�� 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 [Nanue|. AAGHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTOLRFDBridge Design Specifications, the DEPARTMENT Plans Preparation Manual (^PP[N^) 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 ofthe 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 and000rdina0eahymorkneedeuftheOEPARTMENTduhnguonstruotionofthepnojeoL 3. The Construction Coordinator shall notify 'the DEPARTMENT o 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 5working days. 4. Pursuant toSection 7-13 of the DEPARTMENT Standard Specifications, the Construction Coordinator is required to possess agenera| liability insurance naming the DEPARTMENT as on 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 Cc��Qp�oc�-om Project. Such amount shall benar�edinarn|nimumamount ofnot less than �� 8&8 U'��U��K0�� nd001DO Dollars for bodily injury or death to any one person or any number of persons in any one occurrence, and not less than and D01OODollars ($ ) for property damage, oro.combined coverage ofnot less than and U01DUDollars ($ ). Additionally, the Construction Coordinator shall supply the DEPARTMENT with a payment and performance bond in the amount of the estimated cost of conntruodon, provided by a surety authorized to do business in the State ofF|uhda. payable bothe DEPARTMENT. The bond and insurance shall remain in effect until completion of construction and acceptance by the DEPARTMENT. Phortocommencement ofthe Project and on such other occasions as the DEPARTMENT may reasonably require, the Construction Coordinator shall provide the '/ B50-04dB9 MAINTENANCE OGC - 05/10 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 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 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 �� 1 «� �� ^� '� �� 850-D40-99 IMINTENANCE Osr-0511p Pape o"/4 Coordinator with written authorization granting such additional time as the DEPARTMENT deems appropriate to correct the deficency(iss); or 2) correct thodmfioency(ies) at the Construction Coordinator's sole cost and expense. without DEPARTMENT liability to the Construction Coordinator for any resulting loss ordamage to property, ino|uding, 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 coots 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 pnotections, or as increasing the limits ofliability 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 |imit�tions of |iabi|ity fnrtort actions as set forth in Section 768.28(5). Florida Statutes. 18. All formal noticas, 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 bm|ow, shall be in writing and mho|| be sufficient if mailed by regular United States maU, postage prepaid, to the parties at the contact information |istedbelow. 19. The Construction Coordinator shall not cause any liens orencumbrances to attach to any portion of DEPARTMENT right ofway. 20. This Agreement shall be governed by the }ewa of the State of Florida in terms ofinterpretation and performance. Venue for any and all actions arising out of or in any way related to the interpretation, validity, performance orbreach ofthis 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 oblications 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 aasignments, 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 bzconfer any hghto, phvi|ages, benefita, 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 mode pert hereof by referenoe, 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 oonvenaotiono, 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 ba|ow, the parties hereby acknowledge the receipt, adequacy and sufficiency of consideration provided inthis Agreement and forever waive the right toobject toorotherwise challenge the same. 25. The failure ofeither party toinsist onone nrmore occasions nnthe strict performance orcompliance with any term or provision of this Agreement shall not be deemed awaiver or relinquished in the future of the enforcement thereof, and it shall continua 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 porty'slegal representative drafted the provision. 27. If any aectioo, paragroph, clause or provision of this Agreement is adjudged by a court, agency or authority of competent jurisdiction to be inva|id. U|ego| or otherwise unenforoaab|e, 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 mode in writing and executed with the same formality authis Agreement. 29. The Construction Coordinator agrees to promptly indemnify' defand, save and hold harmless the DEPARTMENT and all of its offioera, agents and employees from and pay all dennonds, claims, judgments, |iabi{ities, damoges, fineo, foes, baxes, asoonsments, pene|dea, costo, expensea, attorneys' fees and suits ofany nature or kind whatsoever caused by, or arising out oforrelated to the performance or breach of this Agreement by the Construction Coondinator� including, without |imitotion, performance of the Project within the DEPARTMENT'S right ofway. The term .'liabilities" ahoU specifically include, without |imitstion, any oot, action, neglect or omission by the Construction Coordinator, its offioera, agents, employees orrepresentatives in any way pertaining bzthis Agreement, whether direct or indireot, except that neither the Construction Coordinator nor any of its officaro, agantu, employees or representatives will be liable under this provision for damages arising out ofinjury ordamages directly caused or resulting from the sole neg|iganoe, intentional or wrongful acts of the DEPARTMENT or any of its offioers, agents or employees. The Construction Coordinator shall notify the DEPARTMENT inwriting immediately upon becoming aware of such liabilities. The Construction Coordinators inability to evaluate Uabi|ity, or its evaluation of |iobiiity, shall not excuse performance of the provisions ofthis paragraph. The indemnities assumed by the Construction Coordinator nhei| survive termination of 850-040-89 MAJNTENANCE OGC — 05/10 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. Se- ' a-H-ac46. Add -el -don CONSTRUCTION COORDINATOR CONTACT INFORMATION Name Carlos Cruz-Casas Title Transportation Coordinator Office No. 305-416-1789 Cell 954-274-5948 Email ccruz-casasmiamioov.com Name Gennadv Bevlin Title Construction Manager Office No. 305-416-1233 Cell 786-376-5497 Email abevlinmiamioov.com Mail Address 444 S.W. 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. Johnny Martinez. P. a -- City Manaaer (Signature) (Print Name) (Title.) (Date) 201 DEPARTMENT OF TRANSPORTATION By: Legal Review: j. C ^90 APPROVED AS TO LEGAL FQRM AND APPROVED AS TO INSURANCE CORRECTNESS: Julie O. Bru, City Attorney REQUIREMENTS: P lvin Ellis, Dire tor Risk Management Dehlent Ca (Signature) (Print Name) (Title) (Date) 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 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 ConstructionCoordinator 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 # 2013 C 690 11 SECTION # 87030, STATE ROAD # 5, BRICKELL AVE. & BISCAYNE BLVD WAY (SE 4 STREET) 2 PROPOSED MIAMI TROLLY STOPS @ 2500 BRICKELL AVE & 300 BISCAYNE BLVD WAY 9 Coordinate pre construction meeting with Mr. Erik Sibila, at (305) 640-7245, at least forty-eight (48) hours prior to commencement of work. 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 u• w.fdoticis.com. There shall be no lane closures between Thanksgiving and New Year's Eve due to moratorium (Unless approved by the District Maintenance Entrineer /or the District Maintenance of Traffic Specialist). 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. 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. 6. Permittee shall maintain all travel lanes open at all times. 7. Permittee is cautioned that utilities may be located within the construction area. 8. 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. 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 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. 1/2 2013 C o 11 SPECIAL PROVISIONS FOR PERMIT # 2013 C 690 11 SECTION # 87030, STATE ROAD # 5, BRICKELL AVE. & BISCAYNE BLVD WAY (SE 4TH STREET) 2 PROPOSED MIAMI TROLLY STOPS @ 2500 BRICKELL AVE & 300 BISCAYNE BLVD WAY 13. Any and all damaged pavement markings shall be replaced according to F.D.O.T. Roadway and Traffic Design Standards. 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. 2/2 .AR ©® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/D0/YYYY) 0&2612013 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. �a P ii1 _� Mr P. 540 W. MADISON r CHICAGO, IL 60661 P F -1�S OF! CF Atl-i: chicago.CertRequesl@marsh.com tr f ;. r�, I ).-1 057572-Std-POLL-12.13 G CONTACT NAME: PHONE ) FAX � No�,q: I (A/C, Not: .(A ADDRESS:L INSURER(S) AFFORDING COVERAGE NAIL X INSURER A : Zurich American Insurance Company 16535 INSURED DFCl'j OF TRPo S\ rr••UAT ^,+.t F.H. Paschen I I17r••tVi tJlllh.!1 S S.N. Nielsen 8 Associates, LLC "I C ^fi. 9i OtRI_11N Attn: Nick Bilski 5515 N. East River Road Chicago, IL 60656 American Zurich Insurance Company INSURER B: P Y 40142 INSURER C : Illinois National Insurance Company 23817 INSURER o : Indian Harbor Insurance Co. 36940 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: CHI-004733303-01 REVISION NUMBER:2 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 REOUIREMENIT, 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 TYPE OFINSU INSURANCE ADDLISUBR INSR WVD POLICY NUMBER POLICY EFF IMMf001YYYY) POLICY EXP LIMITS IMM!DD/YYYYj A GENERAL LIABILITY LIABILITY i OCCUR I GLO 5833476.00 I10101/2012 10/01/2013 EACH OCCURRENCE $ 1,000,000 COMtdERCIAL GENERALr� DAMAGE TO RENTED PREMISES (Ea occunencel $ 300,000 CLAIMS -MADE , ^ , MED EXP (Any one person) $ 10,000 PERSONAL E. ADV INJURY $ 1,000,000 I GENERAL AGGPEGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I— L. I PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY I ? JE� $ A AUTOMOBILE LIABILITY SCHEDULED NON -OWNED AUTOS/Per 1 BAP 5933474-00 10/01/2012 10/0112013 SINGLE LIMIT ; COaMaccidenBINEDll (E $ 1,000,000 X I AIJY AUTO I BODILY INJURY (Per person) ' $ I ALL OS WNED I BODILY INJURY (Per accident) $ ! X X I HIRED AUTOS ^ PROPERTY DAMAGE accident) g $ C X I UMBRELLA LJAB I X OCCUR CLAIMS -MADE I 2310-2191 10/01/2012 10/0112013 EACH OCCURRENCE $ 25,000,000 EXCESS LIAR , AGGREGATE $ 25,000,000 1 DED I X I RETENTION $ 10,000 j $ B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTI VE YIN OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) If yes. describe under DESCRIPTION OF OPERATIONS belay N 1 A . I WC 5833475-00 (AOS) WC 5833477-00 (WI) 10/01/2012 10I0112012 10/0112013 10101f2013 , I. I X i wC STATU- l i OTH- I TORY OMITS ER EL. EACH ACCIDENT $ 1,000,000 E.L DISEASE - EA EMPLOYES $ 1,000,000 E.L DISEASE - POLICY LIMIT $ 1,000,OOD D Professional/Pollution Liability I I PEC002922303 10/0112012 10/0112013 i Limit 5,000,000 SIR 50,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: City of Miami Trolley Stops Brickell Ave C SE 25 Rd & Biscayne Way @ NE 3 Ave, 2013 C 69011 Florida Department of Transportation is included as additional insured (except Workers' Compensation) where required by written contrail. This insurance is primary and non-contributory over any existing insurance and limited to liability arising oul of the operations of the named insured and where required by emtten contract with respect to General Liability and Auto Liability. Waiver of subrogation is applicable where required by written contract. 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. Menashi Mukherjee ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Blanket Notification to Others of Cancellation ZURICHe Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. GLO 5833476-00 10/01/2012 10/01/2013 101012012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will deliver electronic notification that such Coverage Part has been cancelled to each person or organization shown in a Schedule provided to us by the First Named Insured. Such Schedule: 1. Must be initially provided to us within 15 days: a After the beginning of the policy period shown in the Declarations; or b. After this endorsement has been added to policy; 2. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled; 3. Must be in an electronic format that is acceptable to us; and 4. Must be accurate. Such Schedule may be updated and provided to us by the First Named Insured during the policy period. Such updated Schedule must comply with Paragraphs 2.3. and 4. above. B. Our delivery of the electronic notification as described in Paragraph A. of This endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. Delivery of the notification as described in Paragraph A. of this endorsement will be completed as soon as practicable atterthe effective date of cancellation to the first Named Insured. C. Proof of emailing the electronic notification will be sufficient proof that we have complied with Paragraphs A. and B. of this endorsement. D. Our delivery of electronic notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: 1. Extend the Coverage Part cancellation date; 2. Negate the cancellation; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. E. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-GL-1114-A CW (10-02) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY U-WC-332-A NOTIFICATION TO OTHERS OF CANCELLATION ENDORSEMENT This endorsement is used to add the following to Part Six of the policy. PART SIX — CONDITIONS F. Notification To Others Of Cancellation 1. If we cancel this policy by written notice to you for any reason other than nonpayment of premium, we will deliver electronic notification to each person or organization shown in a Schedule provided to us by you. Such Schedule: a. Must be initially provided to us within 15 days: After the beginning of the policy period shown in the Declarations; or After this endorsement has been added to policy, b. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that this policy has been cancelled; c. Must be in an electronic format that is acceptable to us; and d. Must be accurate. Such Schedule may be updated and provided to us by you during the policy period. Such updated Schedule must comply with Paragraphs b. c. and d. above. 2. Our delivery of the electronic notification as described in Paragraph 1. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to you. Delivery of the notification as described in Paragraph 1. of this endorsement will be completed as soon as practicable after the effective date of cancellation to you. 3. Proof of emailing the electronic notification will be sufficient proof that we have complied with Paragraphs 1. and 2. of this endorsement. 4. Our delivery of electronic notification described in Paragraphs 1. and 2. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: a Extend the policy cancellation date; b. Negate the cancellation; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 5. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs 1. and 2. of this endorsement. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on The date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2012 PolicyNo. WC 5833477-00 Insured: F.H. Paschen, S.N. Nielsen, Inc. Premium $ Insurance Company: Zurich American Insurance Company Endorsement No. 001 U-WC-332-A (Ed. 01-11) Includes copyrighted material of National Council on Compensation Insurance, Inc. used with its permission. Commission: Mayor Tomas P. Regalado Chairman / D2 Commissioner Marc Sarnoff Vice Chairman / D1 Commissioner Wifredo (Willy) Cort D3 Commisioner Frank Carollo D4 Commisioner Francis Suarez D5 Commisioner Michelle Spence —Jones City Manager Johnny Martinez, P.E. 2013 C 600 11 CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM MARK SI'ANIOLI, P.E, DIRECTOR WORK WITHIN T1-1F F.D,0,T. RIGHT OF WAY SHALL CONFORM M TO CURRENT F.D.O.'T. SV,N13A,RDS AND SPli:..;ii''1,.ATIONS INDEX OF SJ-IEETS SKEET NO. DESCRIPTION 1 2-3 4-5 6 7-B KEY SHEET GENERAL NOTES AND DETAILS ROADWAY PLAN TRAFFIC CONTROL PLAN NOTES AND DETAILS SWPPP NOTES AND DETAILS GOVERNING STANDARDS AND SPECIFICATIONS - FLORIDA DEPARTMENT OF TRANSPORTATION, DESIGN STANDARDS DATED 2015, AND STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION DATED 2011, AS AMENDED BY CONTRACT DOCUMENTS. - CITY OF MIAMI ENGINEERING STANDARDS FOR DESIGN AND CONSTRUCTION DATED DECEMBER 2010. 4.11,1res Lni/mi°,,b ..,,,El,MR.. CN1Q„IRON.a MIAMI TROLLEY STOPS PROJEC I No. B-70245 ©LOCATION MAP STALL- : /" = lOoo' CITY OF 'MIAMI PROJECT MANAGER: CARLOS CRUZ-CASAS, P.E. CITY OF MIAMI CONSTRUCTION MANAGER: G£NADY BEYLIN XO BISCAYNE BOULEVARD WAY 2500 BRICKELL AVENUE SCALE 1'-100t1 ROADWAY SHOP DRAWINGS TO BE SUBMITTED TO: CARLOS CRUZ-CASAS, PROJECT MANAGER PLANS PREPARED BY: CITY OF MIAMI 444 SW 2ND AVENUE PHONE: (305)416-1213 FAX: (305) 416-1253 MIAMI, FL 33130 P« DBE APR 16 2013 JEPTOFTRAN6PORTATION MIAMI, 11 011lJ4 NOTE: THE SCALE OF THESE PLANS MAY HAVE CHANGED DUE TO REPRODUCTIO ROADWAY PLANS ENGINEER OF RECORD: P.E. NO.: 69594 Y.i/.13 AS. P.E. SHEET HO. -4 - z SEE DETAIL 'A' DETAIL 'A' i0T .0 5044E R 3 ; 4` ALL WORK 9U11 C.4U1J MM1, p?) M 000MI 5124,-202 GP(PnCARCAS. MA l 3151.S' 41 :. 302-1. FM) 111TI0.25' 400. 2. r221GR001; :11311 L'0 CCM7ACTE11 10 452 0EI05502 2.4910 1 22. 1.- v9A E'[ 'u[ILR 'MALL c( COV51 fp:1_0 Ri 432 41/'1/UR 24(: i1UY.S 540i V 0'; 02E0 (4100040V I10I 014p1E31 [ACT! ii_CTI(., 3'21' (0211224'.3,031 513:TS AT 10' INCENVAL0 VALLEY GUTTER WV 10 sole LEGEND PROP 6' CONC SLAB NOTES: 1. CONTRACTOR TO RESTORE EXISTING CONCRETE SIDEWALKS. ASPI'IAL1 PAVEMENT, LANDSCAPE. ETC. DISTURBED DURING THE CONSTRUCTION. 2. WHERE NEW CONSTRUCTION (CURBS, PAVEMENTS, ETC.) 15 INDICATED TO CONNECT TO THE EXISTING, THE SECTIONS, ELEVATIONS, MATERIALS. ETC. SHALL MATCH THE EXISTING CONSTRUCTION UNLESS NOTED OTHERWISE ON PLANS. 3. PROVIDE FILL TO ENSURE THAT THE FINISH GRADE (INCLUDING SOU) IN LANDSCAPE AREA MATCH TOP OF CURBS OR ONE HALF INCH LOWER THAN ADJACENT PAVEMENT. TAPER TO MATCH EXISTING GRADES A•A'0./5/OA'S fiJ CARLOS CR;JZ-CASAS. P.E. CITY OF 41IAMI P.Y. P.E. Mu. 09/MO CITY OF MIAMI CAPITA,. 020040 PROGRAM CITY OF MI MO 1AP1TA1. IMPRO0P.MPAT5 PROGRAM POLLEGT MALE HW/ETT A4. MIAM1 TROLLEY STOPS R-70425 ROADWAY PLAN SHEET AY2. 4 wwv.+r.. rru,rv.wv«r,. t+ .w m.. PROP 6" CONC SLAB PAIF 8.1"i071,70., CARLOS CRUZ—CASAS, P.E. CM OF NINO P.R. P.E. No. 6939, eCITY OF MIAMI ,.. CAPITAL IMPROVEMENIT PROGRAM CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM Pfilvecr NAVE nitvzrr No. MIAMI TROLLEY STOPS R-704S5 ROADWAY PLAN SHEET 110. SATE OF FLD41N. DEPAR'.'MENT OF TRANSPOR i AT1C:J CONSTRUCTION AGREEMENT 2013 690 22 11C, L PERMITS O O: SEP 1 3 203 _ DEPT Clr iR.' SPORTATIT-1 ecC O2/1, MAW, RADA 1AINTE.MAJCE MAW, FLr1RDA ' Paaa 1 a4 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 'DEPARTMENT") and t✓/Ty pF d4/4i1 / (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 im rovements to SR S ion Subsection orn Begin MP I4fo End MP 2f 711 4-&O Local P,� i4-v —/57h— 2G �ocated in 4/A MI -- 4d)E 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 DEPARTMENTS right of way to perform all activitieknecessary for the construction of See attached exhibit A scope of services/special provlslons. E 2. The Project shalI 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") Manua! for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the "Florida Green Book') and the DEPARTMENT Traffic Engineering Manua). 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 access€fig 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 r rF &TT It lq„Aisen:li` l and 00/100 Dollars ($ ) for bodily injury or death eranyron"e'pe soli€or any'riu`mtfer 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 00/10D 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 01 C 690 22 B50-04GB9 MAINTENANCE OGC-02/11 Pape 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 /8D 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 CoRtruction 850.040.88 IUJNTENANCE CGC-C2J11 Page 2 of Coordinator with written authorization granting such additional time as the DEPARTMENT deems appropriate to correct the deticiency(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(les), 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 DEPARTMENTS 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 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 Agreernent 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 Ile 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 hes 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 considerat?on 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 tern 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 2J1 690 22 850.oao-ea MAINTENANCE OGC—a2r11 Pap 4a 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. 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. CONSTRUCTION COORDINATOR CONTACT INFORMATION Name \kW be" P z 5 Q 7- 7- /v1A 44ER Office N3. %S-4/L /o /* Cell Email iLePAZ05 el-f'4nf Eo f/• CoM Name 072/C R,C/6/4 Title 2/EF O/1 7R/GTYQ/ci Office No.105--4/fi=al, Cell Email EAcS#.M M/1f4O✓.Cofj Mail Address 4 T 150 2N4 .¢l/'/ 3/30 IN WITNESS WHEREOF, Construction Coordinator and the DEPARTMENT have executed this Agreement for the purposes herein expressed on the dates indicated below. CONSTRUCTION CO D A OR (Signature) Jl'l jJAiy frfA M(l , f • . (Print Name) e-e'", (irt!e) (Date) &/ry M'4V, r e—d. ATTEST: • Todd Hannon, City Clerk t_ �- ' Q(d5113 APPROVED AS TO LEGAL FORM AND APPROVED AS TO NJfANCE REQUIREMENTS: DEPARTMENT OF TRANSPORTATION By: ` //'"`.—�' (Signature) (Print Name) (Tice) (Date) Aber f< Legal Review: CORRECTNESS: Julie O. Bru, Calvin Ellis, Director Risk Management Departrnent 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 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 SPECIAL PERMIT # 2013 C 690 22 SECTION # 87030 / STATE ROAD # 5 / BRICKELL AVENUE CONSTRUCTION AGREEMENT FOR ROADWAY & MEDIAN IMPROVEMENTS, BRICKELL AVE. BETWEEN 15TH AND 26Th RD 1. COORDINATE PRE CONSTRUCTION MEETING WITH MR. ERIK SIBILA AT TELEPHONE (305) 640-7245, FAX (305) 640-7239, ERIKL.SIB!LA@a DOT.STATE.FL.US AT LEAST FORTY-EIGHT (48) HOURS PRIOR TO COMMENCEMENT OF WORK. 2. SUBMITA DETAILED LANE CLOSURE FORM, NOTING WORK AND TIME PHASESTHRU THE LANE CLOSURE INFORMATION SYSTEM (LCIS) AT HTTP://FDOTLCIS.COM/ . THE LANE CLOSURE REQUEST SHALL BE APPROVED BY THE DEPARTMENT AT LEAST 2 WEEKS PRIOR TO BEGINNING WORK WITHIN THE FDOT RIGHT OF WAY. 3. PRIORTo COMMENCE OF THE PROPOSED WORK THE CONTRACTOR'S LIABILITY INSURANCE SHALL BE SUBMITTED TO THE DEPARTMENT. THE LIABILITY SHALL VERIFY THAT THE CONTRACTOR HAS COVERAGE UNDER A LIABILITY INSURANCE POLICY, INCLUDING PROPERTY DAMAGE IN THE AMOUNT OF $1,000,000.00 COMBINED SINGLE LIMIT FOR EACH OCCURRENCE. (FDOT AS AN ADDITIONAL INSURED AND A 30 DAYS CANCELLATION NOTICE). 4. The Department reserves the right to 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. 5. 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, 6. 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. 7. In the event that the roadway pavement is damaged, it 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. 8. ALL PROPOSED SIDEWALK AND LANDSCAPE SHALL BE MAINTAINED BY THE APPLICANT AT NO ADDITIONAL COST TO THE DEPARTMENT. REFER TO ENCLOSED FLORIDA ADMINISTRATIVE CODE CHAPTER 14-40. 9. ALL SIGNAGE AND PAVEMENT MARKINGS SHALL BE CONSTRUCTED PER THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES AND THE FDOT DESIGN STANDARDS (CURRENT EDITION). PERMANENT STRIPING SHALL BE PUT DOWN ACCORDING TO INDEX 17346. 10. WHEN THE PERMITTEE'S OPERATIONS ENCOUNTER OR EXPOSE ANY ABNORMAL CONDITION WHICH MAY INDICATE THE PRESENCE OF A HAZARDOUS WASTE, 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 MANAGEMENT OFFICE AT 1000 NW 111 AVE MIAMI FLORIDA 33172 (TELEPHONE NUMBER (305) 470-5138) AND INFORM HER OF THE FIELD ASSESSMENT RESULTS. b) PROVIDE THE DEPARTM ENT COPIES OF CONTAMINATION -RELATED DELIVERABLES SUBMITTED TO ENVIRONM ENTAL REGULATORY AGENCIES. THE REPORTS ARE TO BE SUBMITTED TO THE DISTRICT CONTAMINATION IMPACTCOORDINATOR AT 1000 NW 111T" AVENUE, MIAMI, FLORIDA 33172-5800, ROOM # 6109. EVERY EFFORT SHALL BE MADE BY THE PERMTTTEE 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 PERMTTTEE RESUME OPERATIONS IN THE AFFECTED AREA UNTIL SO DIRECTED BY THE DEPARTMENT'S INSPECTOR. 11. ROADWAY SHALL BE RESTORED ATTHE PERMITTED EXPENSE BY MILLING AND RESURFACING TO MATCH OR EXCEED EXISTING PAVEMENT 20Lp C 690 2 Page 1/2 SPECIAL PROVISIONS FOR SPECIAL PERMIT #2813 C 690 22 SECTION #07O3D/STATE ROAD # 5/8RICKELLAVENUE CONSTRUCTION AGREEMENT FOR ROADWAY & MEDIAN IMPROVEMENTS, BRICKELL AVE. BETWEEN 5Tm AND 26r COmunnowS.?AND WILL os|mFULL LANE WIDTH. '12. SIDEWALK SHALL esRESTORED WITH FUu4INCHES THICK FLAGS WITH EXPANSION MATERIALAND DETECTABLE DOMES FOR HANDICAP RAMPS AcmmnmG ToTHE F.D.OIROADWAY AND TRAFFIC DESIGN STANDARDS —INDICES 300,304, AND 310 EDITION) AND CONSTRUCTED ACCORDING TO THE F.D.O.T. STANDARDS SPECIFICA11ONS FOR ROAD AND BRIDGE CONSTRUCTION— SECTION 522. %B.All portions of the state disturbed |nthe construction of the proposed work shall berestored to F.0,O][Spedfications' 14.|nthe event that it becomes necessaryto accommodate passage ofany emergency vehicle, passage shall bemade available by clearing all personnel and staged equipment that may interfere with its passage immediately. 15. This permit does not grant approval for the installation, modification, or other construction of any utility connection(s) within the F.D.O.T. Right-of-way. A separate utility connection permit application bythe utilityowner must be submitted to and approved by the Department prior to beginning any work in conjunction with any proposed utility connection(s). 16. The Pennittee shall provide and maintain safe temporary accessto all adjacent property atall times and shall maintain accommodations for intersecting and crossing traffic within the constructions Zone. No mad or street crossing shall be blocked or unduly restricted as determined by the engineer. 17. The permitteewill ensure that nounsafe a,ea(s) for pedestrian andmptoristmN|emaindoringanyt|meofthe construction. They shall be protected in accordance with the F.D.O.T. Roadway and Traffic Design Standards -Index sehes6OO. 18. In the event that sod bdamaged during construction, it must be replaced and maintained until the sod is established. 19. A copy of this permit and plans will be on the job site at all times during the construction of this facility. 20. Permittee is cautioned that utilities may be located within the construction area. 21. Validity ofthis permit iscontingent upon permVtteeobtaining necessary pennhsfromaUotheragwndw»|nvolved. 22. Final restoration shall be coordinated with the Department representative. All portions of the statehght-of-way shall be restored within thirty (30) days upon completion of the permitted installation. 23. Beginning any work within the F.D.O.T. right -Of -Way associated with this permit constitutes acceptance of these conditions. � Florida Administrative Code Chapter 14-40 LANDSCAPING PERMIT GENERAL PROVISIONS - PERMIT # 2013 C 690 22 14-40.003 Highway Landscape Projects. (1) Department Authorization Required. No landscaping may be altered, removed, or installed on the Department's right of way by any person without written authorization by the Department pursuant to this Rule Chapter. All requirements for restoring the Department's right of way and highway landscape projects, where such restoration is made necessary by the construction or maintenance of utilities, are specified in the Utility Accommodation Manual, incorporated by reference under Rule 14-46.001. Requests to remove, cut, or trim, vegetation that screens outdoor advertising signs for which outdoor advertising sign permits have been issued pursuant to Chapter 479, Florida Statutes, must be made in accordance with Part III of this Rule Chapter. (2) Definitions. (a) "Abutting Private Property Owner" means any person or entity having lawful control of land which adjoins, or is contiguous to, Department non limited access right of way. (b) "Department" means the Florida Department of Transportation. (c) ''Highway Landscape Project" means any planned or actual landscape or landscaping on Department right of way, including construction or installation, planning, beautification, and maintenance thereof, by a local government entity, non governmental entity, or abutting private property owner. (d) "Landscape" or "Landscaping" means any vegetation, mulches, irrigation systems, and any site amenities, such as, street furniture, decorative paving, fences, and lighting (excluding public utility street and area lighting). (e) "Local Governmental Entity" means as defined in Section 11.45(1)(e), Florida Statutes. (f) "Non Governmental Entity" means any person or organization, other than a governmental entity, who seelcs approval of a highway landscape project. (g) "Screen" or "Screening" means the planting or installation of any vegetation or other landscape material which will reach a height greater than the height of the bottom of the lowest sign face, as viewed from a height of 3.5 feet above the roadway surface at the edge of the travel lane closest to the outdoor advertising sign. (3) Approval Criteria. (a) Approval is based on review of a complete set of landscape plans. The District Landscape Manager can be consulted during preparation of landscape plans. The following plan preparation guidelines must be used: 1. Project data must be included on sheet 1 of the plans, and must include a location map with beginning and end of project mile posts, index of plans included in the set, state road number, local government and contact information, and name and address of the person and firm who prepared the plans. 2. Plans must be drawn to scale, exhibiting an accurate and legible representation of existing conditions (above and below ground), and all proposed work. Plans must show all dimensions necessary to demonstrate compliance with this rule. If there is a baseline survey or centerline of construction, station points must be 201'''' 690 22 used. If there is no baseline survey or centerline, dimensioning must be from a fixed point. All dimensions must be noted in English system measurements (inches, feet, yards, miles, etc.). Plans must be drawn at no less than 100 scale. (1 inch =100 feet) on 24 inch. by 36 inch or smaller sheets (folded, not rolled). Computer generated plans must use 11 inch by 17 inch sheets. Plans must contain a graphic scale and north arrow with standard orientation on each plan sheet, and reference the state road number, section number, milepost, and local street names. Plans must also include curbs, edge of pavement, edge of travel lanes, guardrails, right of way fence and/or right of way lines, sidewalks, intersections, median breaks, driveways, bike lanes, transit facilities, surveying monuments, signs, vegetation management zones of permitted outdoor advertising signs, lighting, traffic signals, other traffic control devices, drainage features, limits of clear sight, set backs and clear zone limits, existing off site features and conditions which affect or are affected by the project, easements, above and below ground utilities, and all existing vegetation. Details and text must be large enough to be legible on all plan sheets. 3. Only blackline, blueline, or xerographic reproductions will be accepted for the review process. 4. Al proposed landscaping must be identified on the plans. For all plants, give the following information in tabular form: Common Name Botanical Name, including variety or cultivar Quantity Size when installed (height, caliper, spread, container size, aspect of the desired plants) Maximum maintained or typical mature height, spread, and measured 6 inches above the ground. Specifications (written and/or graphic) clear trunk, multi -trunk, or any other descriptive trunk diameter of normal mature plant specimens 5. A comprehensive maintenance plan for all proposed landscaping must accompany the plans. This may be on a separate set of plans or documents. Special maintenance requirements for the plant establishment period must be noted. The intent of design elements must be included in a description of the project, accompanied by a written or graphic guide as to the maintenance which will be provided to the plants and other areas within the project limits. When the landscape project is to be maintained by the Department, a maintenance cost estimate based on scheduled maintenance activities must be an attachment to the plans. Maintenance details and specifications must include the following: Mowing schedule and height of grass, along with physical depiction of the limits of the mowing that will be performed as part of the landscape project. Fertilizing schedules, formulas, rates, and methods of application. Weeding/edging schedule and method: chemical, mechanical, or manual. Herbicide schedules, formulas, rates, methods of application, special instructions, and precautions. Pruning schedule and methods. In order to have safe, healthy, and aesthetic plants, and to maintain limits of clear sight, special attention must be given to changes in the schedule due to the maturity and size as trees and shrubs gow. Mulch materials, thickness, and replacement frequency. Irrigation schedule, supply source, and method of application. Special care required for any hardscape materials, lighting, signage, benches, or other site amenities. Litter pick-up and removal schedule (prior to mowing cycle or as needed). A work zone traffic control plan (if necessary) for installation and maintenance of the project. An estimate of manpower and equipment required to achieve an acceptable level of maintenance. 6. As -built plans, or a summary of changes, are required for all landscape projects. 7. Plans prepared by or for Department highway landscape projects must be signed and sealed by a registered landscape architect. (b) No planting or installation of vegetation or other Landscape material for landscape projects, or issuance of permits for such planting or installation, including construction and beautification projects, is allowed on Department right of way which screens or which, when mature, will screen an outdoor advertising sign permitted under Chapter 479, Florida Statutes. This prohibition applies to outdoor advertising signs exempt from department permitting requirements that are on the state highway system and located within incorporated municipalities. This prohibition applies to all landscape, construction, and beautification projects on Department right of way regardless of the source of funds for the project, except for landscape projects approved by the Department prior to the date of the original, state sign permit for the sign. For purposes of this rule, a landscape, construction, or beautification project is approved when it is specifically identified in the Department's five year work program, is a permitted landscape project, is part of an executed agreement between the Department and a local government, or has been approved in writing by the Department for installation at a later date by a local government. 1. Screening is prohibited within a permitted vegetation management zone, as defined in Rule 14- 40.030(1)(d). 2. Where there is no permitted vegetation management zone for an outdoor advertising sign, the landscape architect will notify the sign permittee that a highway landscape project is proposed within the view zone. The sign permittee will have 30 days to submit an Application for Vegetation Management that proposes a vegetation management zone (See Part III). The screening prohibition in 1. above will apply upon approval of the Permit for Vegetation Management at Outdoor Advertising Sign. If an Application for Vegetation Management has not been submitted by the sign permittee within 30 days of notification, screening will be prohibited wherever the sign face is not screened within the view zone, beginning at Terminus A and extending along the outside travel lane edge in advance of the sign until the sign face is not screened for a total of 500 feet. Contact information for any permitted sign may be obtained by contacting the State Outdoor Advertising Administrator, Florida Department of Transportation, 605 Suwannee Street, MS 22, Tallahassee, Florida 32399-0450. 3. The limits of the screening prohibition may be adjusted pursuant to a written agreement between the sign permittee and a local governmental entity. (c) A local govemmental entity may request approval to alter, remove, or install landscaping on the Department's right of way through submission of a landscape plan . After review by the Department, and the making of any necessary revisions by the local governmental entity, the Department will prepare a written agreement requiring the local governmental entity to properly construct and maintain the landscape project. The landscape plan will become Exhibit A to the agreement. If separate, the maintenance plan as described Subsection (2)(a)7. will become Exhibit B of the agreement. When the agreement is executed, and a Notice to Proceed is issued by the Department, the local governmental entity may proceed with the project. (d) Non -governmental entities may seek approval to alter, remove, or install landscaping on the Department's right of way through submission of a landscape plan, and a resolution from the appropriate local government that commits the local government to execution of an agreement to properly construct and maintain the landscape project as described in Section (c) above. . (e) An abutting private property owner is not required to comply with Subsection (3)(d) of this rule and may apply for a permit to alter or install landscape materials on the Department's non limited access right of way directly abutting the owner's property between the right of way line and the nearest edge of pavement through submission of a Permit for T andscaping on State Road Right of Way, Form 650-050-09, Rev. 01/06, which is incorporated herein by reference and is available at any Department Office or on the Department website at: www.dot.state.fl.us/emo. Abutting private property owners must submit for approval a landscape plan, maintenance plan, and work zone traffic control plan. (f) Non -governmental entities or abutting private property owners seeking approval to install landscaping on the Turnpike right of way shall submit a completed Form 650-050-09 to the District Landscape Manager, Florida's Turnpike Operations Center, P. O. Box 9828, Fort Lauderdale, Florida 33310, telephone (954)975- 4855. The application must be accompanied by a Landscape plan, maintenance plan, and work zone traffic control plan. (g) Approval will only be granted when it is determined that all plans meet the requirements of this rule. No permit will be issued to an abutting private property owner to provide visibility of such property through the cutting, trimming, or removal of trees, shrubs, or herbaceous plants. (4) Government Approvals. If the proposed highway landscape project is to be located on an Interstate Highway facility, Federal Highway Administration (FHWA) review is required. Approval pursuant to this Part does nct relieve the local governmental entity, non governmental entity, or abutting property owner of local or other jurisdictional requirements. (5) Installation and Maintenance. (a) All landscape installation or maintenance activities performed by a local governmental entity, non governmental entity, or abutting property owner on the Department's right of way must be performed in conformity with the Manual on Uniform Traffic Control Devices (incorporated by reference under Rule 14- 15.010, F.A.C.), Standard Specifications for Road and Bridge Construction, (incorporated by reference under Rule 14-85.004, F.A.C.), and the Roadway and Traffic Design Standards (incorporated by reference under Rule 14-85.004, F.A.C.). (b) If an agreement exists between the Department and a local governmental entity for the maintenance of an existing median and grassed areas for the section of roadway for which a landscape project is proposed, and if the Department determines that such agreement obligates the local governmental entity to maintain the proposed project in accordance with the approved maintenance plan, the agreement will be applied to the maintenance of the landscape project. If the Department has previously agreed to provide funds for such maintenance, no increased compensation will be provided by the Department for maintenance of the landscape project. (6) Donation of Landscape Projects. The Department will accept donations of plants, materials, installation, and maintenance for landscape projects on the State Highway System that meet the requirements of this rule. The donated landscape projects must substantially improve the appearance or manageability of the median or roadside. The agreement must stipulate that the sign and the landscape project may be removed by the Depar orient for failure to meet the requirements of this Rule Chapter or the agreement. An agreement must be on file with the Department for the area in question before placement of the sign. Signs acknowledging donated landscape projects by an individual or entity may be erected on the right of way, when the donation includes installation and maintenance pursuant to an executed agreement. Such signs will remain in place for a term of five years, unless otherwise specified in the agreement. The sign must not contain commercial logos or trademarks. Signs will be placed at each end of the landscape project. (a) Interstate Highways: The sign acknowledging donation of landscape projects on the Interstate Highway System will be provided by the Deparment. This sign will be similar to the Adopt -a -Highway Program sign used by the Department, except that the word "landscaping" will be substituted for the words "litter control" and the colors will be green lettering on white background. The signs shall be installed and maintained by the Department (b) Arterial Highways: The approved sign design for arterial highways is depicted in Figure I. The sign panel will be 18 inches tall and 24 inches wide with white background and green lettering, using Lettering shown in Figure 1 and fabricated with non -reflective materials. The sign must be mounted on 4 inch by 4 inch pressure treated posts, or break away posts that meet or exceed the requirements of the Roadway and Traffic Design Standards (incorporated by reference under rule 14-85.004, F.A.C.). The top of signs will be a maximum of no more than two feet above grade. Installation of signs is contingent upon an agreement with the appropriate local governmental entity. The approved sign panel(s) must be provided and replaced by the local governmental entity. Signs will be placed according to the approved landscape plan. F gt:tr : rterial sitUmi .443ctist4 '! t.1- late fluMorie, • � Specific Authority 334.044(2), 337.2505 FS. Law Implemented 334.044(25),335.167, 337.2505, 337.405, 339.24, 339.2405, 479.106 FS. History - New 9-22-92, Amended 1-19-99, 4-2-02, 5-22-05, 2-8-06. Cbmmission: Mayor Tomas P. Regalado Chairman / D2 Commissioner Marc Sarnoff Vice Chairman / D1 Commissioner Wifredo (Willy) Gort D3 Commissioner Frank Carollo D4 Commissioner Francis Suarez D5 Commissioner Michelle Spence -Jones City Manager Johnny Martinez, P.E. INDEX OF SHEETS SHEET NO. DESCRIPTION CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM MARK SPANIOLI, P.E., DIRECTOR BRICKELL AVENUE SIDEWALK & MEDIAN IMPROVEMENTS FROM 25TH ROAD TO 15TH ROAD PROJECT No. B-30822 20150 22 COVER SHEET 2 GENERAL NOTES, QUANTITIES & PAY ITEM NOTES 3 TYPICAL SECTION & TREE DISPOSITION LIST 4-5 ROADWAY, DETAILS 6-13 ROADWAY & TREE DISPOSITION PLANS LS-1 LS-2 LS-3-LS-10 IR-1 IR-2 - IR-3 IR-4 - IR-11 LANDSCAPE NOTES & DETAILS LANDSCAPE QUANTITIES LANDSCAPE PLANS IRRIGATION NOTES, LEGEND & QUANTITIES IRRIGATION DETAILS IRRIGATION PLANS GOVERNING STANDARDS AND SPECIFICATIONS: • F(IMIIDA DEPARTNENT OF TRANSPORTATION, DESIGN STANDARDS DATED 2011. AND STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION DATED 2014, AS AMENDED BY CONTRACT OOCOMENTS. CITY OF WAND ENGINEERING STANDARDS FOR DESIGN AND CONSTRUCTION DATED DECENBER 2010. 1111 1001I OAT.N MAN DAC1 I BEVORS IOU DIG BEGIN PROJECT SrA. 62+30.00 ® LOCATION MAP SCALE :1" Q 4,000' CITY OF MIAMI PROJECT MANAGER' JDMR De Pares CITY OF MIAMI CONSTRUCTION MANAGER: Rabert P0105.1 OfK WITHIN THE F. D. O. T. IOW OF WAY SHALL QNFOR M TO CURRENT F.D.O.T. STANDARDS NO SPECIFICATIONS ROADWAY SHOP DRAWINGS To BE SUBMITTED TO: FRANCISCO J. ALON50, P.E. 201 ALHAMBRA CIRCLE SUITE 900 CORAL GABLES. FL 33134 PLANS PREPARED BY: T•Y• LININTERNATIONAL 201 AL7IAMBRA CIRCLE SUITE 900 CORAL GABLES, FLORIDA 33134 PHONE: (3051 567-1880 FAX: (3051 567-177I ER00002017 100% SUBMITTAL NOVEMBER 1, 2013 NOTE: THE SCALE OfitHES CHANGED DUE: Tq,RE ROADWAY PLANS ENGINEER OF RECORD: ','P LANDSCAPE PLANS LANDSCAPE ARCHITECT OF RECORD: DAVID GJERTSON, PIA LA. NO.: 0001141 SHEET N0. 1.Ilvneme:X:\PAelee<v\15006041 4767 II We B-)0R2 2013 C 690 26 STATE OF FLORIDA DERAIL/ail- OF TRANSPORTATION CONSTRUCTION AGREEMENT RECEIVE!, PERMIT-S OFFICE SEP 2 7 2013 DEPT OF TRAISPORTATION MIAMI, FLORIDA ,150-04D-69. 45114 TECE DOD!. 07,11 POO. or 4 THIS Cp1,ISTRUCTION AGREEMENT (this j'Agreementq is rnede7and entered Info byand between the State of Forjcia, bewtMent of Transportation, District 6, 1000 NVV 111th Avenue, Miami, FL 33172 (he:i*natter referred to a.s thaTEPARTM EN -in and City of Miami 444 SW 2nd Avenue, Bth Floor, Miami FL 33130 (hereinafter referred to es the 'Construction Coordinator"): WITNESSETH-:. WHEREAS„ the- DEPARTMENTis authorized and .required by- Section- .334.0.440*3), Florida Statutes, to coordinate the planninai development, and. operation of the State Highway Syste.rn: and F.(!rtEREP.,".*Sipursuant* to. Section 39.282, Florida Statutes; the DEPARTMENT rriay contract with a propertY owner to finance; construct, and improve public transportation facilities; and WHE.REAS, the Coordinatorr proposes to construct certain improvements to SR 5 Section. V3030 Subsection 000 from Se.din MP: th Erid MP Local Nam Intersection of US-1 and Bird Avenue/ SW 40th Street located in Miami -Dade County (hereinafter referred:tO as the''Projectr); and WHEREAS,. the parties detire. 10 enter info, this Agreement for' the Conetruction Coordinator to Make improvementS wthIn. the DEPARTMENTS right. of way tO.OonstrObt the Pet, 'Mich .;v111 "become 'the property of the .. Department upon acceptance of the*ork. NOW,. THEREFORE,. based* en the premises above, and in consideratiOn of the mutual covenants cOntaihed herein, the- parties hereby agree:tbat the construotion of the Project shall .Proceed In. acCordanod With the following terns and conditions: I., Therecitals set torth above are Specifically incorporated 'herein by referenoe. "arrd. Made a part of this Agreement,. The Construction Coordinator is ,authorized, subject. to the .0Onbitt6hs set forth herein,, to enter the DEPARTMENTS ript tO•perfor-rn all actiVitlei-rieoeSsary fOf the ConstructiOn of See attached-Rh-1W A 'Scotia of servioesIst,ecial Or-oNftickii s 2. The: Pealed -shall be. designed* and dtrLtcd iri abbordanoe. .with: the Ie,test edition of the DEPARTMENTS .Staticiaid SiDeCifibationsfor Road and. Bride. Construction and DEPARTMENT DeSign Standards and Manilal. of UnifoiritTrafficCbfititl Devices ("M:U.TCD.").. The folithfiing guidelines shall apply as deemed appropriate by th6 DEPARTMENT: the. DEPARTMENT StructureDesign Manuel, .AASI-ITCT Guide, Specifications fOr the. Design' of PedeStrian Bridget, AASHTD LRFD :Bridge Design .Spebificatictnt,.the DEPARTMENT Plans Preparation ManUel (.P.PM") Manual for Uniforen Minimum Standards. for DeSign, COnStruction arid Maintenance for Streets and HIghvieyt uFlorida- Gfeen Book') ariot the DEPARTMENT Tr:06. Engineering Manual.. The -ebnStrUcticin CoOrdiriator will be required .to sbbiNt any oblist6iOtiOn plans mcii)i.r.edby the' DEPARTMENT for revjew .and. approval prior to 4n-.• oeing commobeed. Should any changes to the plaris be required diking construction • of the Project; the ConsConstruction CoOrdinaltdr aliall. be fa41410d, tOilOtify the DEPARTMENT of the1:012.43g08; andtepkp .g.opp:041 ffOrn lhe DEPARTMENT prior cl-'ianges construc±ed TNi.--.00r*trq.O0on Coordinator salf maintain the area the project at all times arid Obbrdbla%-a:ni!VOT.1‘.r.ieedSPf.th,O.:DPARTMENT-dyrtnIJ cOnatr9pticti Of the prqeot: The.Construcqon Qcorciihator shalt notify the •DEPARTMENT a minimum of L5 hours befOrP oorAftttotjOrl Wihr1 DEPARTMENT 'Obi of way Tha ConStsuOtiqn Coordinator Olaf': no* the, DEPARTMENT should constructiOn be stlspe7ncied for more than-Fwosidngdays 4.. i=i4t•-itorit.s0.-pp.fjpr) 7 13 o the DEPARTMENT Standard Speoiications he ConstrucUionOoOrdinato)e. required to possess a -.gene-al Yabilify ingurallognaming the DEMRTM.ENT as an doitionaI InSPre.d. 40c1.. insuring 1150 DEPARTMENT and thp CollWOolionP5.ordin.4tOr against any and all claims for injurYor ciamage to persons and AroPrt:sii- gf)d rot: The Joss of life: Of: property that may occur (dirOot[y or Ntr*), a...bY reason : -9f th0; CP,9*P,t1P11: tPor4koator accessing DEPARTMENT 'right Or Way .end the: gr;r1aT)0- of tbe 11-A0cP 40: affiqqnt aba11beOrr.logi amount a not lest. thanand Q.0/160 bodily injury: titatr)."15:).00S1011;--Oasqn 67r.gh o'qOurre.ri.,..and_not,:;08, than.- - - • and Ono& Dollars Pro.P-Ar.tY.ifaM94:-Pr.3.: coverage oi not' let'S than and oq Dollars Aoaiion1ly, the 'Cqr*.C409T1 qP.9.1.'din0017, shall supply the DEPARTMENT with a paymentand gerfooanCel?9P:C1 the amourit 07 he estiated cQst of ipnorct2ifprli my:40.1V' surety aukhorlled to, do business in the Stale of Florid payable to the. DEPARTMENT; The bond_ and Insurance shall tempiti :VA effect untill'oc,),Mpletipri.: P9061.14n. andt ac:CP13,allq_P, 0Y- the Priouto cominencemetit;or the. 164-olOojt:401..2.91V9b: othr'occason as the DEPARTMEI4T may reasonabiy reciYifei fhe CP.1)§trudga Coordinator .001: 'ProvIdgAtte.D,Pt?ARTIVIENYWt oarti&ateg.4404mentlhajhatifgtequkectiri.A141:AngtooYarPo0 to. 14PP and effactiveiLf the Construction Coordinetor is. a:Iccalgovernmental entity they Will beexempt from these re.qpire.me alp, 2013 G 690 26 8500110-09 ooc-07na Page 2of4 5. The Constriction Coordinator shall be responsible .for monitoring construction operations and the maintenance of traffc -('MOT") throughout. the, course of the project in accordance with the latest edtfon of the DEPARTMENT Standard Speciffcations,.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 i500 series. Any MOT plan developed by the Constructlon. Coordinator -that deviates from the DEPARTMENT Design Standards. rnust be stoned and seared by a professional engineer. MOT plans will require approver bytrte: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_wih 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 al( improvements resulting from this agreement strati become the property of the DEPARTMENT.. Neither the granting_ of the permission to use the DEPARTMENT might of wau nor the placing of facilities uponthe DEPARTMENT property*shall operate to create or vest= any .property right to ar in the Construction Coordinator,. except. as May otherw se be: provided In separate agreements.. The Construction Coordinator shall not:.acquire any right,. title; interest or estate in DEPARTMENT right t�f way; of any. nature or kind whatsoever, by virtue of the eecution, operatiori, effect,, or performance of this Agreement including, but not limited to, the Construction Coordinator's use, occupancy or possesslon 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 conourrency 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 awn independent tasting 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 ofthis Agreement and at 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 Dlstriot, Florida Department of Environmental Protection Environmental Protection Agency, the Army Corps of Engineers, the United States Coast Guard arid 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 sofa cost, expense, and effort of the Construction Coordinator. The Construction Coordinator shaft bear all construction defaycosts. incurred. by the DEPARTMENT. 12.. All work. arid construction shall_ be completed within 3c5 .days of the date of the last signature affixed to this agreement. if construction. is not pc rnpleted within this.tir ie, the DEPARTMENT may niake a o{aim on the: bond. The DEPARTMENT may terminate_ this Agreement at any tirrne . with or without cause and .without DEPARTMENT tiability 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 mightrequire relocation within the D.FPARTT TENT right of way. 14. The Construction Coordinator'011: be responsible. for clean up or restoration required to correct any environmental or health hazards that may result from construction operatiions:: 15. Upon .completion of construction,: the Construction Coordinator Will be required to submnit to the DEPARTMENT final as-builtplans and an engineering certifrcation that construction was completed in accordance to the plans. Priom' to the termination of this Agreement, the. Construction Coordinator shall remove .its presence; including,, but not limited to,. all of tha Construction Coordinator's property, machinery, and equipment from DEPARTMENT right cif way and small restore_ those portions of DEPARTMENT right of way disturbed or otherwise altered by the Project to subistafitiaily the same colditio:n that.existed_ immediately prior to the: c rn:Inenoem'ent-,of the Project: 15, if the DEPARTMENT determines That the Project is not cornpleted.ln accordance, with the provisions of tills Agreerrient, .the DEPARTMENT shall deliver written hotifcation of such fo. the Construction .Coordinator; The Construction Coordinator shall have thirty (30) days. from the date: of receipt of.the DEPARTMENT'S' written tiotice;. or such other time -as: the Construction Coord.iriator and the DEPARTMENT mutually agree to in writing, to complete the Project: and provide_ the DEPARTMENT with' written notice of the, same. (the' N:etrca of Completion").lf- the Consfruct►on Coordinator tails 'to theistdeliver the Notice. of Co(Tipletion, or if it is determined that Project .is:.not properly after receipt ofi the Notice of Completion,. the DEPARTMENT, within its discretion. may:. 1 provide the Construction Coord.iha#or with:Written ten authorization granting such. additional Aline as.: tf e DEPARTMENT deems appropriate to .correct the dEflcfeiicy(ies); or 2). comet the deficiency(ies) et the Constru.abh CoQ.rdiidato?`S sole cost arid: expense, without 050-44.0.813 41411ITENANOE, 0Gb—'133/13 Pap-3TM DEPARTMENT iability to the Construction Coordinator for any resetting loss or dalTine.10 Property, including, but not limited to, machinery and equipment if 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 3C1 days of the date ofthe invoice, 17, -Nothing. Iri this Agreement shall be deemed or -otherwise. interpreted as waiving the DEPARTMENT'S sovereign immunity protections, or as increasing the lirnits of liability as set forth in Section 76.8.28-, Fforlda Stetutes. The DEPARTMENT'S liabfiity for breach -of this Agreement lelimited in amount -and shall not exceed the limitations of .liebt4 for tort actions as set forth inSection 768.2(5), Florida Statutes. 18. Ali formal notices, proposed changes and- determinations .between the parties -hereto .and those required. by this Agreement; -Including, but not Urged 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 !lens 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 actiens.arising out of or In any. way related to the .Interpretation,validity, performance or breach of this Agreement -shall lie exclusively In is state.coUrt of appropriatelerlsdiction ri Laon County, Florida: 21. The Constructiontoordinake.may riot .assign, pTedae or transfer any dine rights, duties and obligations provided iri thL. Agreement: -Without the prior Written consent of the. DEPARTMENTS District Seoretary or his/her designee, The DEPARTMENT has the sole discretion arid authority to grant or deny proposed -assignments, with or without cause. Nothing, herein shall prevent the Consti-uctiori Coordinator froM .delegating its duties hereunder; but such delegation shall not the Construction CoOrdinator from its obUgatibri to 'perferm 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 anyether person or entity except as. expresSly provided Wherein. .23. This Instrument together with the attaohed exhibits and CleoUtente. Made. 'part hereof by reference,, eoRtaln the entire PgreernentoT the parties and no repreSentationS. or promises have .beerl made except those that are specifically -set out in this AgreeMent. All prier and canternparanedua Conv.erSatierfo„ .negotiations, Possible and. alleged agreements end representatioria, Covenenta, and warranties with respectto the subjectniatter of this Agreament„endariy- Parthereof, areWeived, merged herein and superseded here*, 24. By their signature below, the parties hereby acknowledgethe receipt, adequacy and sufficiency of consideration provided.fn this Agreementand forever waive the right to object to or Otherwise challenge the .sarne, .25. The failure -of either party to insist on one or more occasionan the strict performance or oompliance with any term Or provision of this, Agreement shell not be deemed a waiver or relinquished in the future of the enforcement thereof, and it:shall Oontinue in full force. and effect .urgess Waived or rellnquish,ed in Writing by the party seekthg 10 enforce the same. 26.. No term arprovielph of this Agreement shall be interprotedfdr or against any party because that party et. that party's legaf.repreeentative drafted the prOVISion. 27,• If any section paragraph clause provision of thls Agreement is adjudged by P court, agency- -or authority ttl'ocirrip.elt.6nt jpr*lieficin. to fn::.:thyglicl, illegal or otherwise tmenferopable, all remaining parts of this Agreernent shall-rernainin kilifbrce and effect and the parties shaif be bound thefeby.sp long as principleperpoSes 3fthls Agreement remain enfOrdeeble, _ 23. A rnoaffication or Nolo of any of the provisions of OILS .Agreement Shall be effective only if Made. in writing and executed the,earne formality as this. Agreement., 29,- The COheirtiptien. -Coordinator agreesta prdnipily in:der-004 defend,. save and hold harrolees the DEPARTMENT and ell of its OiCers., agents and employes from and pay all demands, claims, judgments; liabilities, damages, .fines.,. fees„ texes,. pesesiernehts, p.enalties, costs, -expenses, attorneys' fees and suits of any nature or kind whatsoever paused by, or arising out nf ar related fp the performance -or breach of Mit Agreement by the Construction Coordinator itip.ftidihz without imitation, performance of the Projectwithiri the tiPAktto.EKrts right of way, The term 11.0ifIl1iP.0 shall spe1fiQa1Iy include, without lirnOtien, any act, eCtiefl,. neglect or omission by the Constreption Coordinator, its officers agents, ernplOyeas or representatives in any way pertaining to this Agreement, whether direct or Construction C9OrdinetornOr ?VII its ofricers, agents, employees prreptesentaliVes Will be-. liable under this provision for damages arising Out of injury, or -damages direolly• caused or restArig from the- sole negligepoe., Ihte.ntional or -wrongfel aots of the DEPARTMENT or any of its. offieere,„ agents or empleyees.. The donstructionCopreilhater shell .ndiff-Y.the ti:EPAWFVOlt. in wrffing immediately .41Ppp: becoming aware, of such liabilities The. qoltroji.on Coordinator* inability to' eyaluetp or its evaluationf of liability, -shall not excuse perfOrman.ce of theprovialans of this -paregraphthe indemnities -assumed by the .o.r)strqctiori Coordinator .sho survive termihatiOn. of this. Agreement; the insurance coverage arid I1rnits reetilred in, this Agreement may or may not be adeotiate-to prOtebt the 1150-04049 TEL6JOE °Gt.-VI/1i N99144 DEPARTMENT and such insurance coverage shaft not be deemed a limitation on the Construction Coordinator's:liability under the irrOprp.nities granted to the DEPARTMENT In thls Agreement, d.oristrvoti.ori Coordinator: (1) shall •utilIZe. the U.S, Department of HOtnelarid SeCtirity's E-Verify system to verify the employment eligibility of all new hired by the COnsiruCtion Coordinator during the term Of the bontratt.; and (2y shallexpressly recilike.ony. ubcoptroolgro performing Wot or providln_ge.erviceppursuaht to the State. bolitraa to likeWiSe. utilize the.. LLS.. Department of Homeland SecUrityks -E-yerify -systern to Verify the erriPloYroent eligibility'. of all new employees hired by the subcontractor during the cOntract.terit. 31... COMPLIANCE WITH LAWS. The Construction toordinatorshail allow public .access to all documents, papers, letters, or Other material subJeOt to the provisions of .Chapter 119; Florida Statutes,- and mad s or reCeived by the .C.OnStRiction COOrditiator in odrifttnCtiOn. with thls Agreement Specifically, if the Construction •Pobrolifietor is acfing ori behalf rt)f-,a Aiiblio-44eficy.tho. Construction crOortilhatOr shatl (1). Keep and maintain oubtiO records that Ordinartry and necessarily would _be requt-e4 by the .Department, in order to perform the services being perfOnnedby the Construction Coordinator, (2) Praide the. pUbliC Withaccess to ub1i& recOrds. Oh, the Same terms: and. Conditiont that the DepartMept Would. provide the and at a cost that does not exceed: the Cost provided. in Chapter 119, Florida Statutesi or as olhervilse.proviOecl by law.. (3) Ensure that public records that areexempt or confidential Zlnd exempt from public records. disclosure requirements are not disclosed except -es authorized by taw, (4). Meet all..reqpiretentS for retainingpublic records and transfer, at rib Cost, to the Department air public reCOrd.e In post of the QoriStrOctioti. Coordinator upon 'tertrillatib-hof the asTitr40f00d.cfegrOY anytil4Prpoto. 005ito roor0 that are. axempt or tohfidphtfal.#d:oxempt from public: records disoto.sure reqi.lrements AU taco.* stored electronically must b provided to ihe Department ri a formal that is CoMpatible. With the .friterMatiorl technology sySteiria of the Depsrtment ffaBure by the coristitiotion -oorcifriator tO grant suchPublic access Shell be ,grounds'_ for immediate onileteral. cancellation of thls Agreement by the Department The. Construction Coordinator shail promptly provide. the Department with a copy Of any request to inspect or copy public records in possession of the Construction Cobrdinators reSponse.tb each stichreqUest),e- Coordinator and shall prompgy. provide the Deparime co 'y Of the CC truction Nate Maurice Hardie CONSTRUCTION COORDINATOR CONTACT INFORMATION '1- Tt6 Construction Manager office IN,fo, • 305-416-1786 Name Manuel Mejido CeII Ernall mhardle©mlamigov.com office Ha:, 305-416-1289 Mail AddresS IN- WITNESS. WHEREOF, COnsttuCtiOn Cobrariator and the DEPARTMENT .haVe ixecutedthh AgreE.kment for the purpoSeS herein eXPfeSSedon the dates indicated belOw, OONSTRI,IpmN.00 INATOR By: c:7011 4"2D •Sibr(Eilika) fey, ,--71611-) n nt10 e2- Nadia) Title Project Manager _e5ijoctiur eil Ertiail 444 SW.2nd AVENUE, 8th FLOOR, MIAMI FL 33130 mmelicIp@mlamIgoy.corn rItie) • L Vat.e.5. 2013 690 26 DEPARTMENT OF TRANSPORTATION Byt (Signabire) (Print Name) (ltle) Datej Legal Review: 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 o.r addenda thereto and this Addendum, this Addendum shall control. The following language will be added as Paragraphs 31 and 32: 32. 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, 33. 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. c 69 26 CORRECTNESS: kfLtni 4Jci19.NAUCO,4) Julie 0, Bru, ty Attorney City of Miami ATTEST: Todd Hannon, City Clerk APPROVED AS TO LEGAL FORM AND APPROV •QUIR AS T MENT C. vin Ellis, 1,(sk Mana 11 ecto ement NCE epartment 20.15 SPECIAL PROVISIONS FOR SPECIAL PERMIT # 2013 C 690 26 SECTION # 87030 / STATE ROAD # 5 / US-1 CONSTRUCTION AGREEMENT FOR ROADWAY IMPROVEMENTS, US-1 AT BIRD AVENUE AND SW 32ND AVENUE 1. COORDINATE PRE CONSTRUCTION MEETING WITH MR. ISAAC WYNN AT TELEPHONE (305) 640-7222, FAX (305) 640-7239, ISAAC.WYNN@a DOT.STATE.FL.US AT LEAST FORTY-EIGHT (48) HOURS PRIOR TO COMMENCEMENT OF WORK. 2. SUBMITA DETAILED LANE CLOSURE FORM, NOTING WORK AND TIME PHASES THRU THE LANE CLOSURE INFORMATION SYSTEM.(LCIS) AT HTTP://FDOTLCIS.COM/ . THE LANE CLOSURE REQUEST SHALL BE APPROVED BY THE DEPARTMENT AT LEAST 2 WEEKS PRIOR TO BEGINNING WORK WITHIN THE FDOT RIGHT OF WAY. 3. PRIOR TO COMMENCE OF THE PROPOSED WORK THE CONTRACTOR'S LIABILITY INSURANCE SHALL BE SUBMITTED TO THE DEPARTMENT. THE LIABILITY SHALL VERIFY THAT THE CONTRACTOR HAS COVERAGE UNDER A LIABILITY INSURANCE POLICY, INCLUDING PROPERTY DAMAGE IN THE AMOUNT OF $1,000,000.00 COMBINED SINGLE LIMIT FOR EACH OCCURRENCE. .(FDOT AS AN ADDITIONAL INSURED AND A 30 DAYS CANCELLATION NOTICE). 4. The Department reserves the right to 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. 5. 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. 6. 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. 7. In the event that the roadway pavement is damaged, it 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. 8. ALL SIGNAGE.AND PAVEMENT MARKINGS SHALL BE CONSTRUCTED PER THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICESAND THE FDOT DESIGN STANDARDS (CURRENT EDITION.). PERMANENT STRIPING SHALL BE PUT DOWN ACCORDING TO INDEX 17346. 9. ALL REQUIRED SIGNS SHALL BE INSTALLED AS PER FDOT DESIGN STANDARD INDEX 17349. 10. WHEN THE PERMITTEE'S OPERATIONS ENCOUNTER OR EXPOSE ANY ABNORMALCONDITION WHICH MAY INDICATETHEPRESENCE OF A HAZARDOUS WASTE, 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 MANAGEMENT OFFICE AT 1000 NW 111 AVE MIAMI FLORIDA 33172 (TELEPHONE NUMBER (305) 470-5138) AND INFORM HER OF THE FIELD ASSESSMENT RESULTS. b) PROVIDETHE DEPARTMENTCOPIES OF CONTAMINATION-REUVTED DELIVERABLES SUBMITTED TO ENVIRONMENTAL REGULATORY AGENCIES. THE REPORTS ARE TO BE SUBMITTED TO THE DISTRICT CONTAMINATION IMPACT COORDINATORAT1000 NW 1111H AVENUE, MIAMI, FLORIDA 33172-5800, ROOM # 6109. 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 6SO-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. 11. ROADWAY 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. :> 0 1 Page 1/2 SPECIAL PROVISIONS FOR SPECIAL PERMIT # 2013 C 690 26 SECTION # 87030 / STATE ROAD # 5 / US-1 CONSTRUCTION AGREEMENT FOR ROADWAY IMPROVEMENTS, US-1 AT BIRD AVENUE AND SW 32ND AVENUE 12. SIDEWALK SHALL BE RESTORED WITH FULL 4 INCHES THICK FLAGS WITH EXPANSION MATERIAL AND 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 BRIDGE CONSTRUCTION —SECTION 522. 13. All lighting equipments and installations shall comply with county, city and state's codes, specifications and standards. 14. All portions of the state right-of-way disturbed in the construction of the proposed work shall be restored to F.D.O.T. Specifications. 15. In the event that it becomes necessary to accommodate passage of any emergencyvehicle, passage shall be made available by clearing all personnel and staged equipment that may interfere with its passage immediately. 16. This permit does not grant approval for the installation, modification, or other construction of any utility connection(s) within the F.D.O.T. Right-of-way, A separate utility connection permit application by the utility owner must be submitted to and approved by the Department prior to beginning any work in conjunction with any proposed utility connection(s). 17. The Permittee shall provide and maintain safe temporary access to all adjacent property at all times and shall maintain accommodations for intersectingand crossing traffic within the constructions Zone. No road or street crossing shall be blocked or unduly restricted as determined by the engineer. 18. The permittee will ensure that no unsafe area(s) for pedestrian and motorist 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. 19. In the event that sod is damaged during construction, it must be replaced and maintained until the sod is established. 20. A copy of this permit and plans will be on the job site at all times during the construction of this facility. 21. Permittee is cautioned that utilities may be located within the construction area. 22. Validity of this permit is contingent upon permittee obtaining necessary permits from all other agencies involved. 23. 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. 24. Beginning any work within the F.D.O.T. right-of-way associated with this permit constitutes acceptance of these conditions. 26 Page 2/2 Commission: Mayor TOMAS P. REOALADO Chairman / D2 Commissioner MARC SARNOFF Vice Chairman / D1 Commissioner WIFREDO (WTLLY) GORT D3 Commissioner FRANK CAROLLO D4 Commissioner FRANCIS SUAREZ D5 Commissioner MICHELLE SPENCE-JONES City Manager JOHNNY MARTINEZ, P.E INDEX OF SHEETS SHEET N0. 2 THRU 5 6 T 71/Rf/ 0 9 THRU 10 19 20 THRU 27 28 29 THRU 30 3! THRU 40 4! THRU 55 56 THRU 57 50 59 THRU 61 62 63 64 THRU 73 74 75 76 THRU 70 LA-1 THRU LA-29 SHEET DESCRIPTION KEY SHEET TYPICAL SECTIONS ROADWAY SUMMARY OF QUANTI GENERAL NOTES ROADVAY PLANS ROADWAY PROFILE DRAINAGE AND GRADING PLAN MISCELLANEOUS CONSTRUCTION DETAILS MISCELLANEOUS DRAINAGE DETAILS EXISTING SURVEY 50427 AY CROSS SECTIONS STORM WATER POLLUTION PREVENTION PLAN TRAFFIC CONTROL GENERAL NOTES TRAFFIC CONTROL PLANS SIGNING AND PAVEMENT MARKINGS GENERAL NOTES SIGNING AND PAVEMENT MARKINGS TABULATION OF QUANTITIES SIGNING AND PAVEMENT MARKING PLANS 51GNALIZATK)N TABULATION OF QUANTITIES SIGNALIZATION GENERAL NOTES SIONALIZATKJN PLANS LANDSCAPE PLANS CITY OF MIAMI c`'I '''I?"'3 '""':'CAPITAL IMPROVEMENTS PROGRAM MARK SPANIOLI, P.E., DIRECTOR BIRD AVENUE IMPROVEMENTS FROM U.S. 1 / SOUTH DIXIE HIGHWAY TO S.W, 27TH AVENUE, AND MCDONALD STREET / S.W. 32ND AVENUE FROM JACKSON AVENUE TO U.S. 1 / SOUTH DIXIE HIGHWAY SCOPE: MILLING, RESURFACING, AND RECONSTRUCTION PROJECT NO, B-30628 2O13 C 690 26 WORK WITHIN THE F. D. O. T. /E5 FLIGHT OF WAY SHALL CONFORM TO CURRENT F..D.O.T. STANDARDS AND SPECIFICATIONS GOVERNING STANDARDS AND SPECIFICATIONS: - FLORIDA DEPARTMENT OF TRANSPORTATION, DESIGN STANDARDS DATED 2014, AND STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION DATED 2013, -AS AMENDED BY CONTRACT DOCUMENTS. CRY OF MIAMI ENGINEERING STANDARDS FOR DESIGN AND CONSTRUCTION DATED DECEMBER 2010. 1110 Mt Mt 0,114. BEGIN PROJECT 0 0.5 a 1 MILES PROJECT LIMITS S TA.18+40.00 TO SURVEY MCOONAID STREET / S.W. 3290 AVENUE) END PROJECT STA. 5.46.65 1@ SURVEY 81R0 AVENUE} PROJECT LIMITS STA. 09+69.43 T@ SURVEY MCDONALD STREET / ,W.32110 AVENUE) CITY OF MIAMI PROJECT MANAGER: MANUEL MEJIDO CITY OF MIAMI CONSTRUCTION MANAGER: h'f'.6ECATCTQ+ PEANUTS (iTi E C T28 2ITh DEPT of TGAJ92FORTi11101 IdIAMI, r-u, ROADWAY SHOP DRAWINGS TO BE SUBMITTED TO: CARLOS E. VERSON, P.E. No. 89387 THE CORRADINO GROUP 4955 N.W. 97TH AVE, DCRAL, FL 33175 Pis (305) 594-0735 F9x: (305) 594.0755 PLANS PREPARED BY: CORRAD INO 4056 N.W. 97111 Avenue, Dore!, Florida, 33178 Ph : (305) 594-0735 Fax : (305) 694-0755 Certificate Of AUlhndxalon No.00007665 Vendor ID: 81-071-3040 SUBMITTAL PHASE: 100% (SUBMITTAL) SUBMITTAL DATE: OCTOBER 2013 NOTE: THE SCALE OF THESE PLANS MAY HAVE CHANGED DUE TO REPRODUCTION. ROADWAY PLANS ENGINEER OF RECORD: CARLOS E. VERSON P.E. P.E. NO.: 69367_ SHEET NO. 0/TI/693 Y1Hr7P, Ixi l,O94\l4,e-3.01rd 4w5RnMgvx.SRVL/W