Agenda 06/26/2012 Item #16A 56/26/2012 Item 16.A.5.
EXECUTIVE SUMMARY
Recommendation to execute the attached construction agreement with the Florida Department of
Transportation (FDOT) for the Collier Area Transit Intermodal Transfer Station Center project,
and to approve a resolution authorizing the Chairman of the Board of County
Commissioners (BCC) to sign the agreement.
OBJECTIVE: To enter in a construction agreement with the Florida Department of
Transportation (FDOT) to allow a connection to the existing sidewalk on US 41 at the Collier
County Government Center Complex and to approve a resolution authorizing the Chairman of
the BCC to sign the agreement, any assurances, warranties, certifications and any other
documents that may be required in connection with this agreement.
CONSIDERATIONS: On August 1, 2007, CAT moved the passenger transfer activities to a
parking lot in the Collier County Government Center campus next to the Museum, after being
asked to relocate by Lorenzo Walker Institute of Technology due to its future campus expansion.
At the time the transfer activities were relocated to this location it was understood that the
location was temporary, until a permanent location could be found to construct permanent
facilities on site.
Construction of the permanent transfer station started in April 2012. In lieu of a Right of Way
permit, FDOT is requiring that anyone making a connection to a State facility complete a
construction agreement. This agreement will allow a sidewalk that is being constructed as part
of the Transfer Station project to be connected to the existing sidewalk along US 41. This
connection is necessary to provide pedestrian access from US 41 to the transfer station.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
GROWTH MANAGEMENT IMPACT: Consistent with Objective 10 and 12 of the
Transportation Element of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners: (1) approve entering into a
construction agreement with FDOT and (2) authorizes the chair to execute the Resolution in
support, the agreement and any assurances, warranties, certifications and any other documents
which may be required in connection with this agreement.
Prepared By: Brandy Otero, Associate Project Manager, Alternative Transportation Modes
Department.
Attachments: (1) Construction Agreement; (2) Resolution; (3) Civil Plans
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6/26/2012 Item 16.A.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5.
Item Summary: Recommendation to execute the attached construction agreement with
the Florida Department of Transportation (FDOT) for the Collier Area Transit Intermodal
Transfer Station Center project, and to approve a resolution authorizing the Chairman of the
Board of County Commissioners (BCC) to sign the agreement.
Meeting Date: 6/26/2012
Prepared By
Name: OteroBrandy
Title: Project Manager, Associate,Transportation Engineer
1/25/2012 3:52:53 PM
Submitted by
Title: Project Manager, Associate,Transportation Engineer
Name: OteroBrandy
1/25/2012 3:52:55 PM
Approved By
Name: SotoCaroline
Title: Management /Budget Analyst,Transportation Administr
Date: 1/27/2012 12:30:04 PM
Name: CarterGlama
Title: Manager - Public Transit,Altemative Transportation Modes
Date: 1/27/2012 2:10:26 PM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & C
Date: 2/15/2012 5:03:20 PM
Name: LulichPamela
Title: Manager - Landscape Operations,Alternative Transpo
Date: 4/2/2012 3:57:46 PM
Packet Page -768-
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & C
Date: 5/3/2012 10:29:40 AM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 6/1/2012 11:15:02 AM
Name: MarcellaJeanne
Title: Executive SecretaryTransportation Planning
Date: 6/12/2012 5:25:30 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/15/2012 11:37:35 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/15/2012 5:34:55 PM
Name: OchsLeo
Title: County Manager
Date: 6/17/2012 8:51:19 AM
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6/26/2012 Item 16.A.5.
•
6/26/2012 Item 16.A.5.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CONSTRUCTION AGREEMENT
THIS CONSTRUCTION AGREEMENT (this "Agreement ") is made and entered into by and between the
State of Florida, Department of Transportation, Ft. Myers Operations Center, 2981 NE Pine Island Road, Cape Coral,
FL 33909 (hereinafter referred to as the "DEPARTMENT") and Collier County Board of County Commissioners
3299 Tamiami Trail East, Naples, FL 34112 (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 90 Section 03010 Subsection 000 from Begin MP 14.265 to End MP 14.265 Local Name Tamiami Trail East
located in Collier 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 Iin 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 �he conditions set forth herein, to enter the
DEPARTMENT'S right of way to perform all activities necessary for the Construction of See attached Exhibit "A"
scope of services /special provisions.
2. The Project shall be designed and constructed in accordance with the latest edition of the
DEPARTMENT'S Standard Specifications for Road and Bridge Construction and DEPARTMENT Design Standards
and Manual of Uniform Traffic Control Devices ( "MUTCD "). The following guidelines shall apply as deemed
appropriate by the DEPARTMENT: the DEPARTMENT Structures Design Manual, AASHTO Guide Specifications for
the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, the DEPARTMENT Plans
Preparation Manual ( "PPM ") Manual for Uniform Minimum Standards for Design, Construction and Maintenance for
Streets and Highways (the "Florida Green Book ") and the DEPARTMENT Traffic Engineering Manual. The
Construction Coordinator will be required to submit any construction plans required by the DEPARTMENT for review
and approval prior to any work being commenced. Should any changes to the plans be required during construction
of the Project, the Construction Coordinator shall be required to notify the DEPARTMENT of the changes and receive
approval from the DEPARTMENT prior to the changes being constructed. The Construction Coordinator shall
maintain the area of the project at all times and coordinate any work needs of the DEPARTMENT during construction
of the project.
3. The Construction Coordinator shall notify the DEPARTMENT a minimum of 48 hours before
beginning construction within DEPARTMENT right of way. The Construction Coordinator shall notify the
DEPARTMENT should construction be suspended for more than 5 working days.
4. Pursuant to Section 7 -13 of the DEPARTMENT Standard Specifications, the Construction
Coordinator is required to possess a general liability insurance naming the DEPARTMENT as an additional insured
and insuring the DEPARTMENT and the Construction Coordinator against any and all claims for injury or damage to
persons and property, and for the loss of life or property that may occur (directly or indirectly) by reason of the
Construction Coordinator accessing DEPARTMENT right of way and the Construction Coordinator's performance of
the Project. Such amount shall be carried in a minimum amount of not I ss than N/A and 00/100 Dollars (SN /A) for
bodily injury or death to any one person or any number of persons in any one occurrence, and not less than N/A and
00 /100 Dollars ($N /A) for property damage, or a combined coverage of not less than N/A and 00/100 Dollars`($N/A).
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 �rcject and on such other occasions as the
DEPARTMENT may reasonably require, the Construction Coordinat r shall provide the DEPARTMENT with
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6/26/2012 Item 16.A.5.
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 686 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 agrees 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
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6/26/2012 Item 16.A.5.
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 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 o otherwise interpreted as waiving the
DEPARTMENT'S sovereign immunity protections, or as increasing the li its of liability as set forth in Section 768.28,
Florida Statutes. The DEP'ARTMENT'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 determinat'ns between the parties hereto and those
required by this Agreement, including, but not limited to, changes to thelootification 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 hate 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 nenforceable, 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 performs ce or breach of this Agreement by the
Construction Coordinator, including, without limitation, performance of the or
within the DEPARTMENT'S right of
way. The term "liabilities" shall specifically include, without limitation, a y act, action, neglect or omission by the
Construction Coordinator, its officers, agents, employees or representativ s 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
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6/26/2012 Item 16.A.5.
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.
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. The Construction Coordinator'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.
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 Hank Jones Title Principal Proiect Manager
Office No.(239) 252 -8554 Cell 239 Email HankJones(dcolliergov. net
Name Brandy Otero Title Associate Proiect Manager
Office No. {239) 252 -5859 Cell (239) 253 -2325 Email BrandyOteropcolliergov. net
Mail Address 2885 South Horseshoe Drive, Naples FL 34104
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;
Fred W. Coyle (Print Name)
Chairman, Collier County Board of County Commissioners (Title)
ATTEST
DWIGHT E. BROCK, CLERK
BY:
Approved as to form & legal sufficiew
Deputy County Attorney ro�
(Date)
Legal Review:
Page 4 of 4
Packet Page -773-
- (Signature)
(Print Name)
(Title)
(Date)
6/26/2012 Item 16.A.5.
RESOLUTION 2012-
A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF
COLLIER COUNTY, FLORIDA MEMORIALIZING THE BOARD'S
APPROVAL OF THE CONSTRUCTION AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION PERTAINING TO THE
CONNECTION OF THE COLLIER AREA TRANSIT (CAT) INTERMODAL
TRANSFER FACILITY PROJECT TO A SIDEWALK ALONG US 41 AND
AUTHORIZING THE CHAIRMAN TO SIGN THE AGREEMENT.
WHEREAS, at the June 26, 2012, meeting of the Board of County Commissioners the
Board approved a Construction Agreement with the Florida Department of Transportation
pertaining to the connection of a sidewalk for the Collier Area Transit (CAT) Intermodal
Transfer Facility to the existing sidewalk along US 41 and authorized the Board of County
Commissioners, through its Chairman, to enter into the Construction Agreement with the Florida
Department of Transportation; and
WHEREAS, the Florida Department of Transportation requires the Board provide a
resolution memorializing and confirming the Board's aforementioned affirmative vote to
approve the agreement and authorize the Chairman to execute the Agreement;
NOW, THEREFORE,, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
On June 26, 2012, the Board of County Commissioners approved by majority vote the
Agreement and authorized its Chairman to enter into that agreement with FDOT.
A certified copy of this Resolution shall be forwarded by the Collier County Clerk to
FDOT along with the executed Agreement.
This Resolution is hereby adopted after motion, second and majority vote this 26th day of
June 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Approved as to form
and legal sufficiency:
Scott R. Teach,
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
IM
FRED W. COYLE, CHAIRMAN
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