Res 12-16RESOLUTION NO. 12-16
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN
FORM FLORIDA DEPARTMENT OF TRANSPORTATION
CONSTRUCTION AGREEMENTS ON BEHALF OF THE CITY OF DELRAY
BEACH, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
WHEREAS, the City of Delray Beach is required to obtain FDOT approval for projects that
have an impact on FDOT's transportation facilities; and,
WHEREAS, the Florida Department of Transportation (FDOT) has advised the City that it
is no longer accepting permit applications for projects that have an impact on FDOT's
transportation facilities, and is instead requiring execution of a form "Construction Agteemenf% and
WHEREAS, the purpose of this Resolution is to authorize the City Manager to execute on
behalf of the City form FDOT Construction Agreements in substantially the forth attached to this
Resolution; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS
Section 1. The recitations set forth herein above are true, accurate and correct and are
incorporated herein.
Section 2. That the City Manager is authorized to execute the standard form "FDOT
Construction Agreement" ("Agreement) for City projects located within FDOT tight -of -way, as
may be required from time to time, so long as the Agreement is in substantially the form attached
to this Resolution and made a part hereof
Section 3_ That allresolutions or parts of resolutions in conflict with this Resolution
ate repealed to the extent of such conflict.
Section 4. That this Resolution shall be in fizll force and effect immediately upon
its adoption..
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RESOLUTION NO. 12-16
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN
FORM FLORIDA DEPARTMENT OF TRANSPORTATION
CONSTRUCTION AGREEMENTS ON BEHALF OF THE CITY OF DELRAY
BEACH, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
WHEREAS, the City of Delray Beach is required to obtain FDOT approval for projects that
have an impact on FDOT's transportation facilities; and,
WHEREAS, the Florida Department of Transportation (FDOT) has advised the City that it
is no longer accepting permit applications for projects that have an impact on FDOT's
transportation facilities, and is instead requiring execution of a form "Construction Agteemenf% and
WHEREAS, the purpose of this Resolution is to authorize the City Manager to execute on
behalf of the City form FDOT Construction Agreements in substantially the forth attached to this
Resolution; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS
Section 1. The recitations set forth herein above are true, accurate and correct and are
incorporated herein.
Section 2. That the City Manager is authorized to execute the standard form "FDOT
Construction Agreement" ("Agreement) for City projects located within FDOT tight -of -way, as
may be required from time to time, so long as the Agreement is in substantially the form attached
to this Resolution and made a part hereof
Section 3_ That allresolutions or parts of resolutions in conflict with this Resolution
ate repealed to the extent of such conflict.
Section 4. That this Resolution shall be in fizll force and effect immediately upon
its adoption..
PASSED AND ADOPTED in regular session on this the 17"' day of May, 2416.
ATTEST:
City Cletk
2
MAYOR
Res No. 12-16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 850040-89
CONSTRUCTION AGREEMENT MAINTENANCE
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THIS CONSTRUCTION AGREEMENT (this "Agreement") is made and entered into by and between the State
of Florida, Department of Transportation, (3400 West Commercial Blvd, Ft Lauderdale FL 33309)
(hereinafter referred to as the "DEPARTMENT") and
(Address) (hereinafter referred to as the "Construction Coordinator").
WITNESSETH.
WHEREAS, the DEPARTMENT is authorized and required by Section 334.044(13), Florida Statutes, to
coordinate the planning, development, and operation of the State Highway System; and
WHEREAS, pursuant to Section 339.282, Florida Statutes, the DEPARTMENT may contract with a property
owner to finance, construct, and improve public transportation facilities; and
WHEREAS, the Construction Coordinator proposes to construct certain improvements to
SR Section Subsection from Begin MP to End MP
Local Name located in Palm Beach County (hereinafter
referred to as the "Project"); and
WHEREAS, the parties desire to enter into this Agreement for the Construction Coordinator to make
improvements within the DEPARTMENT'S right of way to construct the Project, which will become the property of the
Department upon acceptance of the work.
NOW, THEREFORE, based on the premises above, and in consideration of the mutual covenants contained
herein, the parties hereby agree that the construction of the Project shall proceed in accordance with the following terms
and conditions:
1. The recitals set forth above are specifically incorporated herein by reference and made a part of this
Agreement. The Construction Coordinator is authorized, subject to the conditions set forth herein, to enter the
DEPARTMENT'S right of way to perform all activities necessary for the construction of See attached exhibit A scope of
servicesis ecial provisions.
2. The Project shall be designed and constructed in accordance with the latest edition of the
DEPARTMENT'S Standard Specifications for Road and Bridge Construction and DEPARTMENT Design Standards and
Manual of Uniform Traffic Control Devices ("MUTCD"). The following guidelines shall apply as deemed appropriate by the
DEPARTMENT: the DEPARTMENT Structures Design Manual, AASHTO Guide Specifications for the Design of
Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, the DEPARTMENT Plans Preparation Manual ("PPM")
Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the "Florida
Green Book") and the DEPARTMENT Traffic Engineering Manual. The Construction Coordinator will be required to
submit any construction plans required by the DEPARTMENT for review and approval prior to any work being
commenced. Should any changes to the plans be required during construction of the Project, the Construction
Coordinator shall be required to notify the DEPARTMENT of the changes and receive approval from the DEPARTMENT
prior to the changes being constructed. The Construction Coordinator shall maintain the area of the project at all times
and coordinate any work needs of the DEPARTMENT during construction of the project.
3. The Construction Coordinator shall notify the DEPARTMENT a minimum of 48 hours before beginning
construction within DEPARTMENT right of way. The Construction Coordinator shall notify the DEPARTMENT should
construction be suspended for more than 5 working days.
4. Pursuant to Section 7-13 of the DEPARTMENT Standard Specifications, the Construction Coordinator is
required to possess a general liability insurance naming the DEPARTMENT as an additional insured and insuring the
DEPARTMENT and the Construction Coordinator against any and all claims for injury or damage to persons and property,
and for the loss of life or property that may occur (directly or indirectly) by reason of the Construction Coordinator
accessing DEPARTMENT right of way and the Construction Coordinator's performance of the Project. Such amount
shall be carried in a minimum amount of not less than one million and 001100
Dollars ($ 1,000,000.00 ) for bodily injury or death to any one person or any number of persons in any one
occurrence, and not less than fifty thousand and 001100 Dollars ($ 50,000.00 )
for property damage, or a combined coverage of not less than one million fifty thousand
and 001100 Dollars ($ 1,050,000.00 ). Additionally, the Construction Coordinator shall supply the
DEPARTMENT with a payment and performance bond in the amount of the estimated cost of construction, provided by a
surety authorized to do business in the State of Florida, payable to the DEPARTMENT, The bond and insurance shall
remain in effect until completion of construction and acceptance by the DEPARTMENT. Prior to commencement of the
Project and on such other occasions as the DEPARTMENT may reasonably require, the Construction Coordinator shall
provide the 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.
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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
Coordinator with written authorization granting such additional time as the DEPARTMENT deems appropriate to correct
the deficiency(ies); or 2) correct the deficiency(ies) at the Construction Coordinator's sole cost and expense, without
850-040.89
MAINTENANCE
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DEPARTMENT liability to the Construction Coordinator for any resulting loss or damage to property, including, but not
limited to, machinery and equipment. If the DEPARTMENT elects to correct the deficiency(ies), the DEPARTMENT shall
provide the Construction Coordinator with an invoice for the costs incurred by the DEPARTMENT and the Construction
Coordinator shall pay the invoice within thirty (30) days of the date of the invoice.
17. Nothing in this Agreement shall be deemed or otherwise interpreted as waiving the DEPARTMENT'S
sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. The
DEPARTMENT'S liability for breach of this Agreement is limited in amount and shall not exceed the limitations of liability
for tort actions as set forth in Section 768.28(5), Florida Statutes.
18. All formal notices, proposed changes and determinations between the parties hereto and those required
by this Agreement, including, but not limited to, changes to the notification addresses set forth below, shall be in writing
and shall be sufficient if mailed by regular United States mail, postage prepaid, to the parties at the contact information
listed below.
19. The Construction Coordinator shall not cause any liens or encumbrances to attach to any portion of
DEPARTMENT right of way.
20. This Agreement shall be governed by the laws of the State of Florida in terms of interpretation and
performance. Venue for any and all actions arising out of or in any way related to the interpretation, validity, performance
or breach of this Agreement shall lie exclusively in a state court of appropriate jurisdiction in Leon County, Florida.
21. The Construction Coordinator may not assign, pledge or transfer any of the rights, duties and obligations
provided in this Agreement without the prior written consent of the DEPARTMENT'S District Secretary or his/her
designee. The DEPARTMENT has the sole discretion and authority to grant or deny proposed assignments, with or
without cause. Nothing herein shall prevent the Construction Coordinator from delegating its duties hereunder, but such
delegation shall not release the Construction Coordinator from its obligation to perform this Agreement.
22. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective
successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations or
remedies upon any other person or entity except as expressly provided for herein.
23. This instrument, together with the attached exhibits and documents made part hereof by reference,
contain the entire agreement of the parties and no representations or promises have been made except those that are
specifically set out in this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged
agreements and representations, covenants, and warranties with respect to the subject matter of this Agreement, and any
part hereof, are waived, merged herein and superseded hereby.
24. By their signature below, the parties hereby acknowledge the receipt, adequacy and sufficiency of
consideration provided in this Agreement and forever waive the right to object to or otherwise challenge the same.
25. The failure of either party to insist on one or more occasions on the strict performance or compliance with
any term or provision of this Agreement shall not be deemed a waiver or relinquished in the future of the enforcement
thereof, and it shall continue in full force and effect unless waived or relinquished in writing by the party seeking to enforce
the same.
26. No term or provision of this Agreement shall be interpreted for or against any party because that party or
that party's legal representative drafted the provision.
27. If any section, paragraph, clause or provision of this Agreement is adjudged by a court, agency or
authority of competent jurisdiction to be invalid, illegal or otherwise unenforceable, all remaining parts of this Agreement
shall remain in full force and effect and the parties shall be bound thereby so long as principle purposes of this Agreement
remain enforceable.
28. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in
writing and executed with the same formality as this Agreement.
29. The Construction Coordinator agrees to promptly indemnify, defend, save and hold harmless the
DEPARTMENT and all of its officers, agents and employees from and pay all demands, claims, judgments, liabilities,
damages, fines, fees, taxes, assessments, penalties, costs, expenses, attorneys' fees and suits of any nature or kind
whatsoever caused by, or arising out of or related to the performance or breach of this Agreement by the Construction
Coordinator, including, without limitation, performance of the Project within the DEPARTMENT'S right of way. The term
"liabilities" shall specifically include, without limitation, any act, action, neglect or omission by the Construction
Coordinator, its officers, agents, employees or representatives in any way pertaining to this Agreement, whether direct or
indirect, except that neither the Construction Coordinator nor any of its officers, agents, employees or representatives will
be liable under this provision for damages arising out of injury or damages directly caused or resulting from the sole
negligence, intentional or wrongful acts of the DEPARTMENT or any of its officers, agents or employees. The
Construction Coordinator shall notify the DEPARTMENT in writing immediately upon becoming aware of such liabilities.
The Construction Coordinator's inability to evaluate liability, or its evaluation of liability, shall not excuse performance of
the provisions of this paragraph. The indemnities assumed by the Construction Coordinator shall survive termination of
this Agreement. The insurance coverage and limits required in this Agreement may or may not be adequate to protect the
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DEPARTMENT and such insurance coverage shall not be deemed a limitation on the Construction Coordinator's liability
under the indemnities granted to the DEPARTMENT in this Agreement.
30. Construction Coordinator:
(1) shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the
employment eligibility of all new employees hired by the Construction Coordinator during the
term of the contract; and
(2) shall expressly require any subcontractors performing work or providing services pursuant to
the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify
system to verify the employment eligibility of all new employees hired by the subcontractor
during the contract term.
31. COMPLIANCE WITH LAWS
The Construction Coordinator shall allow public access to all documents, papers, letters, or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Construction
Coordinator in conjunction with this Agreement. Specifically, if the Construction Coordinator is acting on
behalf of a public agency the Construction Coordinator shall:
(1) Keep and maintain public records that ordinarily and necessarily would be required by the
Department in order to perform the services being performed by the Construction
Coordinator.
(2) Provide the public with access to public records on the same terms and conditions that the
Department would provide the records and at a cost that does not exceed the cost provided
in Chapter 119, Florida Statutes, or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(4) Meet all requirements for retaining public records and transfer, at no cost, to the Department
all public records in possession of the Construction Coordinator upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored electronically must be
provided to the Department in a format that is compatible with the information technology
systems of the Department. Failure by the Construction Coordinator to grant such public
access shall be grounds for immediate unilateral cancellation of this Agreement by the
Department. The Construction Coordinator shall promptly provide the Department with a
copy of any request to inspect or copy public records in possession of the Construction
Coordinator and shall promptly provide the Department a copy of the Construction
Coordinator's response to each such request.
CONSTRUCTION COORDINATOR CONTACT INFORMATION
Name Title
Office No, Cell Email
Name _
Office No.
Mail Address
Cell
Title
Email
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:
DEPARTMENT OF TRANSPORTATION
(Signature) By:
(Print Name)
(Title)
(Date)
(Signature)
Morteza Alian (Print Name)
District 4 Maintenance Engineer (Title)
Legal Review:
(Date)
Construction Agreement # 13C-496-0018-93200
EXHIBIT A
I. SCOPE OF SERVICES
Provide a description of the improvements proposed. within FDiOT ROW.
II. PROJECT PLANS
The Construction Coordinator is authorized to install the Project in accordance with the
........................... .
attached plans prepared by XXXXXX, P.E. and dated Ml"D/YYYY. Any revisions
must be approved by the DEPARTMENT in writing.
III. SPECIAL PROVISIONS FOR CONSTRUCTION
Add special conditions that apply to ;the proposed, improvements (i.e. pre -construction
conference required, agreement subject to Construction Coordinator obtaining all necessary
permits from other agencies, submit as -built plans, etc.) ITS WISE TO LET FDOT
ESTABLISH THESE....
IF THIS IS A DBI PROJECT, Construction Coordinator will coordinate all work
with DSI, Inc., Attn: Melissa Perry @ 561-992-1318, Fax 561-993-9000. Construction Agreement is
valid only for work proposed within the Department of Transportation (D.O.T.) right-
of-way.
ight-
ofway. Certification acceptance and final approval is contingent upon conformity of all
work completed according to this permit and the restoration of the Right of Way.
IF THIS IS A VMS PROJECT USE THIS TEXT, " Construction Coordinator will
coordinate all work with David Moore (BRO, PBC, Martin, And St Lucie) @ Mobile #
954-978-9558 prior to construction. Construction Agreement is valid only for work
proposed within the Department of Transportation (D.O.T.) right-of-way. Certification
acceptance and final approval is contingent upon conformity of all work completed
according to this permit and the restoration of the Right of Way.
Construction Coordinator will coordinate all work with the Palm Beach Operations
Permits Dept. via Fax (561)_370-1236. A pre -construction conference must be
coordinated with Mr. Brett Drouin via fax (561) 370-1.236 prior to construction. This
permit is valid only for work proposed within the D.O.T. right-of-way. Certification
acceptance and final approval is contingent upon conformity of all work completed
according to this permit and the restoration of the Right of Way.
SIGNALIZATION PERMITS ONLY
All signal modifications permits must submit a "SUBMITTAL DATA — TRAFFIC
CONTROL EQUIPMENT FORM 750-010-02 prior to Final Acceptance. This form
along with products supporting documents must be filled out correctly and submitted
to Traffic Operations prior to final acceptance.
ADD PALM BEACH OPS SPECIAL CONDITIONS INTO THIS FILE
All materials and construction within the FDOT right-of-way shall conform to the
latest FDOT Design Standards and latest Standard Specifications for Road and Bridge
construction.
Pavement Markings must be thermoplastic and be installed per latest FDOT Design
Standard Index 17346 and Raised Pavement Markings (RPM's) per latest FDOT
Design Standard Index 1.7352.
Unless otherwise approved by the local Resident Operations Engineer, the Construction
Coordinator and/or their contractor shall perform deep pole removal inclusive of
Complete removal of the above ground portion of the pole and attachments and the
complete removal of the pole foundation, at their sole expense.
It is the Construction Coordinator's responsibility to obtain final acceptance of
permitted work (completed) and the restoration of the Right -of -Way from the
Department prior to usage.
Construction Coordinator will provide the necessary densities in accordance with the
Department's latest edition of the Standard Specifications for Road & Bridge
Construction prior to final acceptance by the Department.
Ownership of all suitable excavated materials, as determined by the Department, shall
remain in the Department until a final acceptance of the permitted project is fulfilled.
Excavated materials shall be hauled by the Construction Coordinator, at their cost &
expense from the site to the Palm Beach Operations Center or stockpiled in those areas
as directed by the Department, including asphalt millings.
Construction Coordinator will restore the Right of Way as a minimum, to its original
condition or better in accordance w/ Florida Department of Transportation's latest
Standard Specifications for Road & Bridge Construction or as directed by the Resident
Operations Engineer.
During the removal/installation of any curb and gutter section, the Construction
Coordinator will be responsible for any damage done to the abutting asphalt. The
damaged asphalt repair will be in accordance with the current specifications and/or as
directed by the Resident Operations Engineer.
Construction Coordinator will provide the Producers Certification for the CLASS 1
CONCRETE prior to final acceptance by the DEPARTMENT. The certification must
bear the original signature of a legally responsible person from the producer and is
provided on the producer's letterhead.
Sodded areas will be in accordance with Standard Index 105 and sections 162, 575, 981,
982, 983, 987 of the Department's Standard Specifications for Road and Bridge
Construction, latest edition. All disturbed areas will be sodded within one (1) week of
installation of said permitted work.
Construction Coordinator shall mill (min depth of 15/8") and resurface the affected
lanes for a longitudinal distance of 50' in each direction of the utility cut. The
replacement pavement type shall be of superpave asphaltic concrete pavement, except
wbere permission is given by the Local Resident Operations Engineer.
All HDPE conduit used for traffic signals or other electrically powered or operated
traffic control devices, shall use a standard dimension Ratio of 11 (SDR 11).
Construction Coordinator's representative & an FDOT Inspector must be on site
during all boring activities. Upon completion of the boring activities, Construction
Coordinator shall provide all documentation to be in accordance with FDOT Standard
Specifications, Section 555 or 556, whichever is applicable.
CONSTRUCTION COORDINATOR: PLEASE NOTE:
Construction Coordinator's contractor that is performing directional drilling and/or
jack and bore activities shall provide the Department (Permits Office) proof of a proper
state contractor's license and certificate of liability insurance prior to any
commencement of permitted work.
Construction Coordinator will ensure that all locates have been performed prior to
scheduling of any boring activities. This shall include soft digs to verify vertical &
horizontal alignment.
NON-STANDARD SIGNS welcome/entry signs
The construction Coordinator will be the owner of the sign.
Florida Department of Transportation will not maintain the subject signs.
Maintenance of the sign will be the sole responsibility of the Construction Coordinator.
A new construction agreement must be submitted and approved prior to installing any
replacement signs or conducting any maintenance activities within the Florida
Department of Transportation right-of-way.
CANOPIES or OVERHANGING ENCROACHMENTS
The construction coordinator will be the owner of the canopy/sign.
CANOPIES or OVERHANGING ENCROACHMENTS
Florida Department of Transportation will not maintain the canopy. Maintenance of
the canopy/sign will be the sole responsibility of the construction coordinator.
(Maintenance of Traffic must be in accordance with Florida Department of
Transportation Design Standard Index Series 600).
LIGHTING In the event that a Florida Department of Transportation (FDOT) light
pole has to be relocated, the Construction Coordinator is required to identify and
coordinate with the maintaining agency prior to commencement of construction. Prior
to Final Acceptance, FDOT and the maintaining agency of the light pole will be
required to sign off on the final inspection.
Storm Water Pollution Prevention Plan - The Construction Coordinator shall
implement best management practices for erosion and pollution control to prevent
violation of state water quality standards. The Construction Coordinator shall be
responsible for the correction of any erosion, shoaling, or water duality problems that
result from the construction or operation of the surface water management system.
Please be aware that a Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic
Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the
responsibility of the Construction Coordinator to locate and avoid damage to these
sites. If a PTMS or TTMS is encountered during construction, the Planning and
Environmental Management Office (PL&EM) must be contacted immediately at 954-
777-4601.
SIGNALIZATION PERMITS ONLY
Ensure shop drawings are submitted for, review and approval for mast arms, strain
poles, and concrete mix design at the pre -construction meeting.
During construction, highest priority must be given to pedestrian. safety. If permission
is granted to temporarily close a sidewalk, it should be done with the express condition
that an alternate route will be provided, and shall continuously maintain pedestrian
features to meet Americans Disability Act (ADA) standards.
A copy of this agreement and plans must be on the job site at all times during the
construction of this facility.
Restricted hours of operation will be from 9:00am to 3:30 pm, (Monday -Friday), unless
otherwise approved by the Operations Engineer, or designee.
Maintenance Of Traffic M.O.T. for this project will comply with the Florida
Department of Transportation F.D.O.T. Design Standard Index 611, 612, 613, and 660.
Traffic Control shall be in accordance with the project plans, the current edition of the
Florida Department of Transportation Design Standards (600 series) and the latest
edition of the Manual on Uniform Traffic Control Devices (MUTCD).
All maintenance of traffic (MOT) will be in accordance with the Department's current
edition of the Design Standards, (600 series). The Operations Engineer or his designee
reserves the right to direct the removal/relocation/modification of any traffic device(s)
at the Construction Coordinator's sole expense. Traffic Control Plans (TCP) must be
submitted and reviewed during the pre -construction meeting
Maintenance of Traffic (MOT) lane closures on the state road system occurring during
peak hours (7:00-9:00 AM or 4:00-6:00 PM) and/or lasting over twenty-four hours must
contact Barbara Kelleher two weeks prior to closures. You must also comply with the
lane closure analysis as outlined in the Plans Preparation Manual, Volume 1, Chapter
10.12.7. All lane closures occurring on an interstate or limited access facility, regardless
of time of day or duration, must comply with the lane closure analysis in the Plans
Preparation Manual, Volume 1, Chapter 10.12.7.
Barbara Kelleher can be reached at 954-777-4090.
Florida Department of Transportation
Public Information Office
3400 West Commercial Blvd.
Fort Lauderdale, Florida 33309
Cleo and Christine decided that if the cost estimate is under $15k that a bond will not be
necessary.
In order to make this change we can use the following language:
Exhibit "A", Section 4, modifications to the basic agreement, will need to add the language,
"The Construction Coordinator will not be required to obtain a payment and performance
bond for this agreement."
If the cost estimate is over $15K, the normal procedure to process a security instrument
will be required thru the District Office. Josette Amitirigala will be handling this.
NON-STANDARD SIGNS welcome/entry signs
The construction Coordinator will be the owner of the sign.
Florida Department of Transportation will not maintain the subject signs.
Maintenance of the sign will be the sole responsible of the Construction Coordinator. A
new construction agreement must be submitted and approved prior to installing any
replacement signs or conducting any maintenance activities within the Florida
Department of Transportation right-of-way.
Section 4 shall be expanded to include the following additional
insurance:
B if'pph1" The 4`° "Whereas" and Section 8 shall be modified as follows: The
following items shall be considered the properly of Construction Coordinator:
The Department shall give the Construction
Coordinator 30 days notice to remove the above referenced item(s). If not removed
within this period of time the property shall be considered abandoned and the
Department shall remove the same at the Construction Coordinators expense..
pent:ve perfonc� br►y Section 4 in the basic agreement
shall be modified by not requiring the Construction Coordinator to obtain a
payment and performance bond for this agreement.
D. Section 12The DEPARMENT and [Add title of
the person who may extend the construction agreement] ` of the
CONSTRUCTION COORDINATOR may extend the completion date, if mutually
agreed to in writing
E. Section 17 i,pcal Govern�niYpt +Ln� The following shall be added: Nothing
in this agreement shall be interpreted as waiving the CONSTRUCTION
COORDINATOR'S sovereign immunity protection as set forth in Section 768.28,
Florida Statutes.
F. Section 23: The following agreement(s) shall be excepted out of
section 23 and shall continue to apply:
Date of Agreement/
other Document
Title of Document Brief description of
agreement
FM#?
FOR CANOPIES USE THIS FOR SECTION IV
IV. MODIFICATIONS TO BASIC AGREEMENT
B I The 4`° "Whereas" and Section 8 shall be modified as follows: The
following items shall be considered the property of Construction Coordinator:
:ring The Department shall give the Construction
Coordinator 30 days notice to remove the above referenced item(s). If not removed
within this period of time the property shall be considered abandoned and the
Department shall remove the same at the expense of the Construction Coordinator.
Further if the Department is required to remove the canopy for any reason
pursuant to this Agreement or law and access to the Construction Coordinator's
property is required this Agreement shall act as a right of entry to allow the
Department and its contractor to enter upon the Construction Coordinator's
Property to remove the canopy. Further the Construction Coordinator shall be
responsible for any cost incurred by the Department for the removal and disposal
of the canopy.
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