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AGREEMENT BY AND BETWEEN FLORIDA DEPARTMENT OF TRANSPORTATION
AND SUMTER COUNTY
FOR CONSTRUCTION, OPERATION, AND MAINTENANCE OF PROPOSED
BEXLEY TRAIL BRIDGE OVER SR 91 AT MILE POST 299.6
This Agreement is made and entered into by and between THE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION, an executive agency of the State of Florida having
a business address located at Florida’s Turnpike Enterprise, Turkey Lake Service Plaza, Milepost
263, Florida’s Turnpike, Building 5315, P.O. Box 613069, Ocoee, Florida 34761 (hereinafter
referred to as “DEPARTMENT”), and SUMTER COUNTY, a political subdivision of the State
of Florida (hereinafter referred to as “COUNTY”).
RECITALS:
WHEREAS, The DEPARTMENT pursuant to Section 338.222(1), Florida Statutes, is
designated as the sole agency to acquire, construct, maintain, or operate the Turnpike System, except
upon specific authorization of the Legislature. The DEPARTMENT’s Florida’s Turnpike Enterprise
(“FTE”) is authorized under Section 338.2216(2), Florida Statutes, to plan, develop, own, purchase,
lease, or otherwise acquire, demolish, construct, improve, relocate, equip, repair, maintain, operate,
and manage the Turnpike System; and to cooperate, coordinate, partner, and contract with other
entities, public and private, to accomplish these purposes;
WHEREAS, County is authorized under Florida Statutes Chapters 125 and 336 to own,
operate and maintain its local roads;
WHEREAS, FTE, a district of the Florida Department of Transportation, owns and operates
the Turnpike System, a system of limited access toll roads, including SR 91 (commonly referred to as
Florida’s Turnpike);
WHEREAS, FTE owns, operates, and maintains the existing non-tolled Bailey Road bridge
(No. 180024) over SR 91 (Florida’s Turnpike) at approximate Mile Post 299.6 in Sumter County. The
existing Bailey Road bridge was built in 1964 as a four (4) span bridge with an average width of 23.08
feet (out-to-out), length of approximately 183 feet (front face of back wall to front face of backwall)
(FFBW to FFBW), and serving as an agricultural crossing connecting the tracts of land on the east and
west sides of Florida’s Turnpike. The existing Bailey Road bridge is a physical constraint for FTE’s
future SR 91 widening project (FPID 435788-1-52-01) which has the objective of increasing the
capacity of Florida’s Turnpike from an existing four (4) lanes to a proposed eight (8) lanes. To achieve
the objective, the existing Bailey Road bridge would need to be completely demolished and replaced
with a new two (2) span bridge matching the existing average bridge width (out-to-out), a new length
of 204 feet (FFBW to FFBW), and a new elevation to achieve the necessary minimum vertical
clearance;
WHEREAS, County has entered into an agreement entitled the Regionally Significant Road
Construction Agreement (“RSRCA”) between Sumter County and The Villages Companies, dated July
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10, 2018, as amended, for the construction of multiple, future regionally-significant roadway segments
of which the County project described below is included (“Project”). As such, contracts for design,
engineering, construction and other related aspects of the Project, as contemplated in this paragraph,
are already in effect prior to the Effective Date of this Agreement. County is developing and
constructing a planned roadway network to service the Sumter County community on the east and west
sides of Florida’s Turnpike. As part of this roadway network, County will cause to be constructed a
new non-tolled two (2) span bridge with an average width of 84.17 feet (out-to-out) and length of 220
feet (FFBW to FFBW) to accommodate a four (4) lane divided vehicular bridge with a fence-enclosed
connectivity path that crosses Florida’s Turnpike at Mile Post 299.6 to be named “Bexley Trail”. The
minimum vertical clearance provided between Florida’s Turnpike and the Bexley Trail bridge is 22
feet. The Project includes, but is not limited to removal of the existing Bailey Road bridge,
construction of new bridge approach slabs, bridge traffic railings, bridge superstructure, bridge
substructure, concrete pilings, testing piles, retaining walls, fencing, maintenance of traffic (MOT),
and mobilization. COUNTY’s signed and sealed plans for the Project are on file with both Parties;
WHEREAS, although DEPARTMENT has programmed its own estimated construction cost
to remove and replace the Bailey Road bridge under FPID 443990-1-58-01, County, pursuant to its
obligations under the RSRCA, has determined it will instead fully fund and be responsible for all
construction costs of the Project without any financial assistance from the Department. County will
demolish and remove the existing Bailey Road bridge, eliminating the physical constraint on
DEPARTMENT’s future SR 91 widening project. The proposed Bexley Trail bridge will be
constructed to accommodate COUNTY’s planned roadway network and accommodate
DEPARTMENT’s future SR 91 widening project with new construction criteria including, but not
limited to, clear zone width and vertical clearances. Once completed, the Bexley Trail bridge will be
owned, operated, and maintained by COUNTY as part of its planned roadway network.
DEPARTMENT will no longer own, operate, or maintain a non-tolled bridge crossing Florida’s
Turnpike at MP 299.6;
WHEREAS, the parties acknowledge and agree that construction of the Project will occur
in the right-of-way of both COUNTY and FTE, after which the Project improvements shall be
owned by the parties respectively as provided in Paragraphs 5.d. and 6.b. herein below. Each
party’s rights under this Agreement to construct, operate and maintain the Project improvements
within COUNTY and DEPARTMENT right-of-way shall not interfere with that party’s rights to
improve, operate and maintain either party’s right-of-way;
WHEREAS, DEPARTMENT agrees that it will permit COUNTY to construct, operate
and maintain the Bexley Trail bridge within FTE’s Limited Access Right-of-way, subject to the
terms and conditions herein;
WHEREAS, DEPARTMENT and COUNTY agree that all assigned maintenance
obligations including maintenance occurring during the term of construction and after completion
of construction (sometimes referred to as “post-construction maintenance”) set forth in this
Agreement shall survive the expiration or earlier termination of this Agreement and shall be in
accordance with the laws of the State of Florida;
NOW THEREFORE, in consideration of the mutual benefits, conditions, promises, and
covenants hereinafter set forth, and for other good and valuable consideration, the receipt and
sufficiency of which is acknowledged, the parties agree as follows:
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1. Recitals. The recitals set forth above are specifically incorporated herein by reference and
made a part of this Agreement.
2. Project Scope of Work. The Project construction plans to be performed by COUNTY and its
contractors are on file with both Parties.
3. Term. This Agreement shall begin upon the Effective Date (as defined in Section 24 below).
All work and construction shall be completed within three (3) years of the Effective Date,
unless an extension of the construction term is requested by COUNTY prior to the expiration
of the construction deadline and FTE grants the requested extension. Notwithstanding each
party’s obligations that specifically survive expiration of the Agreement, the Agreement will
expire upon final acceptance of the Project by FTE.
4. Construction, Maintenance and Aerial Permits. The parties, and their respective contractors
or subcontractors, are authorized, subject to the conditions set forth herein, to enter the other’s
right-of-way to perform all activities necessary for the construction, operation, and post-
construction maintenance of the Project.
5. COUNTY’s Construction, Operation, and Maintenance Responsibilities.
a. COUNTY shall designate a project manager for the Project to manage and coordinate
any and all matters between FTE’s designated project manager for the Project.
b. COUNTY, or its contractor, shall not perform construction activities within the
DEPARTMENT’s right-of-way that would adversely impact, delay, or interfere with
any DEPARTMENT-let construction project. COUNTY agrees to develop a
construction schedule to perform any overlapping work in advance of or after the
DEPARTMENT’s construction projects within the influence of the COUNTY’s
construction project impacting, delaying, or interfering with the DEPARTMENT’s
construction projects. COUNTY shall reimburse the DEPARTMENT within seven (7)
days of written notice from the DEPARTMENT for all construction delay damages
resulting from COUNTY’s construction project. At this time, the following
DEPARTMENT construction projects are known to overlap with the COUNTY’s
construction project: FPID 441717-1-52-01 (Reconstruct Turnpike Mainline Sumter
County MP 297.9 – 308.9) and FPID 441717-2-52-01 (Safety Improvements for
Turnpike Mainline Sumter County MP 297.9 – 308.9).
c. All Project improvements located within FTE right-of-way shall be designed and
constructed in accordance with the applicable current edition of the Florida Department
of Transportation (“FDOT”) Standard Specifications for Road and Bridge Construction, FDOT Standard Plans, Manual on Uniform Traffic Control Devices
(“MUTCD”), FTE’s Turnpike Design Handbook (“TDH”), Turnpike’s Lane Closure
Policy, Turnpike Lane Closure Analysis Guidelines, and the FDOT Design Manual
(“FDM”). The following guidelines shall apply as deemed appropriate by the
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DEPARTMENT: the Department Structures Design Manual, AASHTO Guide
Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design
Specifications, Florida Design Manual, 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 National Electric Safety
Code (N.E.S.C), and latest editions of the National Electrical Code
(N.E.C.)(collectively, the “Standards and Specifications”). COUNTY shall submit the
construction plans, shop drawings, Requests For Information (“RFI), lane closure
requests, calculations and as built plans to FTE for review, comment, and approval
within a reasonable time prior to any work being commenced, or final project
acceptance as approved by FTE. FTE and COUNTY shall coordinate construction of
the Project. Should any changes to COUNTY’s plans be required during construction
of the Project, COUNTY shall be required to notify FTE of the changes and submit a
plan revision for FTE review and approval prior to the changes being constructed.
COUNTY will submit to FTE a schedule of shop drawing submittals related to the
Project. COUNTY shall submit as-built plans to FTE for review and approval prior to
final project acceptance by FTE.
d. COUNTY shall maintain the area of the Project, including improvements, at all times
during the construction. The FTE and COUNTY shall coordinate any work needs in
the right-of-way of the other party during construction of the Project. Except during
emergencies, each party shall provide a minimum of 48 (forty-eight) hours advance
notice to and shall coordinate with the other party’s maintenance staff prior to
commencement of any maintenance or repair activities during construction or during
post-construction maintenance in the future.
e. Unless otherwise designated in this Agreement, COUNTY shall own all improvements
of the Project.
f. COUNTY acknowledges and agrees that after the Project is constructed in FTE’s right-
of-way, FTE may be required to construct additional improvements in COUNTY’s
right-of-way, which include, but are not limited to, signage, ITS (DMS, CCTV, fiber
and electrical infrastructure), lighting, overhead sign structures, and establishment of
power sources. The parties agree to coordinate the design, construction, and post-
construction maintenance of such future FTE improvements when necessary. The
provisions of this paragraph shall survive the expiration or earlier termination of this
Agreement, in accordance with the laws of the State of Florida.
g. COUNTY shall notify FTE thirty (30) days before Project-required closures of SR 91
travel lanes that adversely impact the operations of the Okahumpka Service Plaza to
allow sufficient time for FTE to coordinate with the Okahumpka Service Plaza
Manager.
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h. Prior to initiating construction, COUNTY shall be responsible for developing a
contingency plan for construction activities, which will require approval from the
DEPARTMENT prior to implementation and construction within the
DEPARTMENT’s limited access right-of-way. The contingency plan shall identify
major milestones during construction that must be successfully met to continue
construction of the Bexley Trail bridge. Since the installation of the Bexley Trail bridge
over Florida’s Turnpike Mainline (SR91) travel lanes will require night-time lane
closures, the contingency plan must identify specific construction milestones that, if
not met, would result in the installation operation being terminated and the travel lanes
being immediately reopened.
i. For the demolition of the existing Bailey Road bridge and the placement of new bridge
beams for the Bexley Trail bridge, COUNTY and FTE anticipate the need for closing
the Turnpike Mainline (SR 91) from the County Road (“CR”) 470 interchange to the
US 301 interchange for the hours of 10:00 pm through 5:00 am for the southbound
direction and for the hours of 11:00 pm through 5:00 am for the northbound direction.
Twenty-five (25) northbound mainline closures and 25 southbound mainline closures
are allowed for the construction of this project. Since FTE would incur similar mainline
closures under their own construction project, these 25 northbound mainline closures
and 25 southbound mainline closures are not subject to reimbursement to the
DEPARTMENT unless the COUNTY exceeds the 25 northbound and 25 southbound
mainline closures.
j. Lane closures on the state road system must be coordinated with the FTE Public
Information Office at least two weeks prior to the closure. The contact information for
the DEPARTMENT’s Public Information Office is:
FTE PIO contact info:
Maria Parada Construction Community Outreach Specialist | WSP USA Construction and Materials General Consultant to Florida’s Turnpike
P.O. Box 613069 Ocoee, FL 34761 Office: 407-264-3069 Email: [email protected]
k. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to
COUNTY for the design phase or other non-construction phases of the Project.
COUNTY shall not begin the construction phase of the Project until the
DEPARTMENT issues a Notice to Proceed for the construction phase. Prior to
commencing the construction work described in this Agreement, COUNTY shall
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request a Notice to Proceed from the DEPARTMENT’s Construction Project Manager,
Todd Kelly (email: [email protected] ) or from an appointed designee.
l. As reflected in the tables below, FTE has estimated the amount of uncollected toll
revenue that is anticipated for closing the Turnpike Mainline (SR 91) from the County
Road (“CR”) 470 interchange to the US 301 interchange for the hours of 10:00 pm
through 5:00 am for the southbound direction and for the hours of 11:00 pm through
5:00 am for the northbound direction on a typical weekday based on the revenue
typically collected at the Leesburg Mainline, US 27 North, and CR 470 toll sites for
those hours and days. COUNTY agrees to reimburse FTE $700.00 for each southbound
night-time closure and $600.00 for each northbound night-time closure that exceeds
the total number of lane closures allowed during the Project as defined in Section 5i
above.
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m. In the event that COUNTY is unable to open the Turnpike Mainline (SR 91) to traffic
by 5:00 am, COUNTY agrees to reimburse FTE for every hour on a per hour basis as
shown in the table below.
n. COUNTY shall be perpetually responsible for maintenance of the improvements and
areas set forth in Exhibit “A” and detailed in this section. This provision will survive
termination or expiration of this Agreement. COUNTY’s post-construction
maintenance responsibilities shall also include the following:
i. COUNTY’s post-construction maintenance responsibilities shall begin upon
final acceptance of the Project by the DEPARTMENT and include but are not
limited to: the bridge, approach roadway, and all improvements located on the
bridge within DEPARTMENT’s right-of-way, as identified herein; all portions
of COUNTY’s roadway lighting system that extend into DEPARTMENT’s
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right-of-way; all portions of COUNTY’s roadway system that extends into
DEPARTMENT right-of-way. No portions of COUNTY’s landscaping and
irrigation system shall extend into DEPARTMENT’s right-of-way.
ii. Any COUNTY maintenance activities that require a lane closure will require a
signed and sealed Maintenance of Traffic Plan and FTE approved Lane Closure
Analysis.
iii. It shall be COUNTY’s sole cost and responsibility to monitor and maintain the
structural integrity of the Bexley Trail bridge and to protect and prevent any
hazards from affecting the traveling public below the Bexley Trail bridge.
iv. In the event that any non-emergency bridge deficiencies come to the attention
of FTE, FTE shall provide written notice to COUNTY describing any
deficiencies. COUNTY shall have five (5) working days to respond to FTE with
a remediation plan (“Remediation Plan”) to address such deficiencies.
v. Should COUNTY discover any bridge related deficiencies that present an
imminent hazard to the public (“Emergency Deficiencies”), COUNTY shall
immediately notify FTE. COUNTY shall immediately develop an Emergency
Deficiencies remediation plan with FTE.
vi. In the event COUNTY fails to timely correct such deficiencies as outlined in
the Remediation Plan, or the Emergency Deficiencies remediation plan, such
failure to correct may be deemed grounds for termination of this agreement and
may result in FTE correcting such deficiencies, or alternatively provide FTE
with the right to remove the Bexley Trail bridge.
vii. If COUNTY fails to provide the Remediation Plan or fails to address any non-
emergency deficiencies in a reasonable amount of time, FTE shall provide a
final notice to cure prior to any bridge removal or prior to FTE correcting the
non-emergency deficiencies itself. This final notice to cure shall not be
applicable to Emergency Deficiencies.
viii. In the event FTE first discovers the existence of Emergency Deficiencies, FTE
shall have the right, but not the obligation, to remediate such Emergency
Deficiencies without first notifying COUNTY. FTE may thereafter invoice
COUNTY for the actual costs incurred by FTE for such remediation. Any action
taken by FTE under this section does not relieve COUNTY of any obligation
under the terms and conditions of this Agreement.
ix. COUNTY agrees to reimburse FTE for the cost of removal, repairs or
remediation associated with the Bexley Trail bridge under this post-
construction maintenance obligations section.
x. The Bexley Trail bridge shall be inspected in accordance with the procedure
for “Bridge and Other Structures Inspection and Reporting” (Topic No. 850-
010-030). A signed and sealed copy of each Routine Inspection Report shall
be submitted to FTE by COUNTY for every biennial inspection.
xi. COUNTY shall be solely responsible for any damages or injuries to
surrounding property, vehicles, people or other assets occurring as a result of
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the maintenance or repair operations by COUNTY or as caused by failure to
perform required maintenance.
xii. COUNTY acknowledges that Florida’s Turnpike is a state designated
evacuation route. Should emergency evacuation be needed or declared, the
COUNTY will cooperate with the DEPARTMENT to ensure all lanes and
shoulders within DEPARTMENT right-of-way are available to traffic as
needed.
xiii. All maintenance and repair activities impacting DEPARTMENT right-of-way
to be performed by COUNTY must plan for the ability to demobilize and restore
traffic upon short notice.
xiv. COUNTY will be solely responsible for cleanup or restoration that is required
to correct any environmental or health hazards that may result from COUNTY’s
maintenance operations and for payment of any fines, fees or penalties incurred.
o. COUNTY shall notify FTE a minimum of 48 (forty-eight) hours before beginning
construction within the FTE right-of-way. COUNTY shall notify the FTE construction
project manager should construction be suspended for more than 5 (five) working days.
p. In the event of an actual or reported emergency, danger, or threat involving the Project
that is reasonably believed by FTE to have caused (or to present the imminent potential
to cause) injury to individuals, damage to property, or threat to the environment or to
public safety, FTE may enter COUNTY’s right-of-way to take, at such times as FTE
determines necessary in its reasonable discretion and with such notice to COUNTY as
is practicable under the circumstances, such actions as FTE determines necessary to
respond to or to rectify such emergency, danger, or threat. This provision is also
applicable to COUNTY in regards to any COUNTY improvements located within
FTE’s right-of-way. The provisions of this paragraph shall survive the expiration or
earlier termination of this Agreement, in accordance with the laws of the State of
Florida.
q. As it relates to construction and post-construction maintenance in FTE right-of-way,
COUNTY shall be responsible for monitoring construction, operations and the
maintenance of traffic (“MOT”) throughout the limits of the Project and subsequent
maintenance obligations in accordance with the applicable current edition of the FDOT
Standard Specifications. The MOT plan shall be in accordance with the current version
of the FDOT Standard Plans, Index 102-600 series. Any MOT plan developed by
COUNTY that deviates from the FDOT Standard Plans must be signed and sealed by
a professional engineer registered in the State of Florida. A 10’ Paved Outside Shoulder
must be provided for SR 91 Northbound during all phases of construction for Hurricane
Evacuation and Emergency Services use. MOT plans will require approval by FTE
prior to implementation. COUNTY shall regularly inspect the MOT established within
the construction or maintenance area to ensure conformity with the approved MOT
plan. If lane closures are required during construction or maintenance, they must
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comply with the provisions as outlined in the Florida’s Turnpike Enterprise Lane
Closure Policy and Guidelines. This policy can be electronically found at
https://floridasturnpike.com/business-opportunities/design/traffic-operations/ or by
contacting the Traffic Operations Center in Ocoee, Florida at (407) 264-3363. In the
case of extreme traffic or weather conditions, FTE may be required to remove lane
closure operation from the roadway and/or right-of-way. Compliance with the FTE’s
U-turn and Heavy Truck Turn-Around policy must also be adhered. This policy is
available online at: https://floridasturnpike.com/business-opportunities/design/traffic-
operations.
r. COUNTY will be responsible for ensuring that all permits required by the State of
Florida, local governmental entities or agencies or other agencies are obtained and
kept in compliance during construction. The DEPARTMENT shall have the right to
review and approve any and all applicable permits prior to the Effective Date.
COUNTY, or its contractor, shall provide the DEPARTMENT copies of all permits
obtained for the Project, including documentation of all applicable environmental
surveys, prior to any work being commenced within the DEPARTMENT’s right-of-
way.
s. COUNTY shall ensure that all existing utilities and FTE facilities have been located,
that all utility locations are appropriately documented on the construction plans; and
that all underground and overhead conflicts have been resolved directly with the
applicable utility entity/agency/owner. COUNTY shall require its contractors to
comply with the Sunshine 811 procedures (Sunshine State One Call), as per Chapter
556, Florida Statutes, prior to any excavation work within the Project area. FTE
owned facilities are not located through Sunshine State One Call of Florida, Inc 811.
FTE shall not compensate or reimburse COUNTY or its contractor for any cost
created by a change in scope of the impact to a utility from that depicted in the
Project plans, or be liable for any time delays caused by a change in scope of the
impact to a utility from that depicted in the Project and COUNTY shall be responsible
to ensure utilities are correctly shown to avoid conflicts. COUNTY shall be
responsible for any damages to utilities.
t. It is hereby agreed by the Parties that this Agreement creates a permissive use only and
all COUNTY improvements located on the DEPARTMENT’s right-of-way resulting
from this Agreement shall remain by DEPARTMENT permit under the terms and
conditions of this Agreement. 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 COUNTY, except
as may otherwise be provided in separate agreements. COUNTY 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, COUNTY’s use, occupancy or possession of
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DEPARTMENT right-of-way. COUNTY acknowledges that the DEPARTMENT
permit for COUNTY’s Project that occupies the right-of-way of DEPARTMENT’s
Florida’s Turnpike shall in all matters and respects be subordinate to the ownership
rights the DEPARTMENT possesses to operate, maintain and improve the Turnpike
System, as well as any state transportation needs. The provisions of this paragraph shall
survive the expiration or earlier termination of this Agreement, in accordance with the
laws of the State of Florida.
u. COUNTY shall perform, or cause to be performed, any required testing associated with
the design and construction of the Project. Testing results shall be made available to
FTE upon reasonable request by FTE. FTE shall have the reasonable right to perform
its own independent testing during the course of the Project, at its sole expense and as
coordinated with COUNTY.
v. COUNTY shall exercise the rights granted herein and shall otherwise perform this
Agreement with reasonable care, in accordance with the terms and provisions of this
Agreement and all applicable federal, state, local, administrative, regulatory, and safety
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 FDOT, applicable Water Management District, Florida
Department of Environmental Protection, Environmental Protection Agency, the Army
Corps of Engineers, and local governmental entities.
w. If FTE reasonably determines a condition exists that is a result of the Project within its
right-of-way which threatens the public’s safety, the party alleging such may, at its
reasonable discretion, cause construction operations to cease and immediately have any
potential hazards removed from the right-of-way at the sole cost, expense, and effort
of COUNTY.
x. COUNTY shall be responsible to maintain and restore all features, if any, that might
require relocation within FTE’s right-of-way.
y. COUNTY will be responsible for clean up or restoration required to correct any
environmental or health concerns that may result from construction operations of the
Project.
z. COUNTY shall not cause any liens or encumbrances to attach to any portion of FTE’s
right-of-way.
aa. Upon completion of construction, COUNTY will be required to submit to FTE final
as-built plans and an engineering certification that construction was completed in
accordance with those plans. Prior to the termination of the construction portion of this
Agreement, COUNTY shall remove its presence, including, but not limited to,
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COUNTY property, machinery, and equipment from FTE’s right-of-way and, other
than improvements constructed in accordance with the Project, COUNTY shall restore
those portions of FTE’s 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. All information pertinent to the installation and/or modification of FTE’s
roadway structures will be provided to FTE for incorporation into its structures records
files. This information includes, but is not limited to as-built plans, shop drawings, pile
driving records, bridge load rating documents, etc.
bb. If FTE reasonably determines that the Project is not completed in accordance with the
provisions of this Agreement, FTE shall deliver written notification of such to
COUNTY. COUNTY shall have thirty (30) days from the date of receipt of the written
notice, or such other time as COUNTY and the FTE mutually agree to in writing, to
complete the Project and provide FTE with written notice of the same (the “Notice of
Completion”). If COUNTY fails to timely deliver the Notice of Completion, or if it is
reasonably determined that the Project is not properly completed after receipt of the
Notice of Completion, FTE, within its reasonable discretion may: 1) provide COUNTY
with written authorization granting such additional time as it deems appropriate to
correct the deficiency(ies); or 2) correct the deficiency(ies) in accordance with the final
plans, at COUNTY’s sole cost and expense, without liability to FTE for any resulting
loss or damage to property, including, but not limited to, machinery and equipment. If
FTE elects to correct the deficiency(ies), it shall provide COUNTY with an invoice that
complies with Section 287.058, Florida Statutes, for the reasonable actual costs
incurred by FTE and COUNTY shall pay the invoice within sixty (60) days of the date
of the invoice.
cc. Construction Engineering Inspection (CEI) services will be provided by the COUNTY,
by hiring a DEPARTMENT prequalified consultant firm including one individual that
has completed the Advanced Maintenance of Traffic Level Training, unless otherwise
approved by the DEPARTMENT in writing. The CEI staff shall be present on the
Project at all times that the contractor is working. Administration of the CEI staff shall
be under the responsible charge of a State of Florida Licensed Professional Engineer
who shall provide the certification that all design and construction for the Project meets
the minimum construction standards established by DEPARTMENT. The
DEPARTMENT shall approve all CEI personnel. The CEI firm shall not be the same
firm as that of the Engineer of Record for the Project. The DEPARTMENT shall have
the right, but not the obligation, to perform independent assurance testing during the
course of construction of the Project. Notwithstanding the foregoing, the
DEPARTMENT may issue a written waiver of the CEI requirement for portions of
Projects involving the construction of bus shelters, stops, or pads.
dd. COUNTY shall coordinate with FTE’s Environmental Management Office (EMO) for
the environmental clearance that must be obtained prior to beginning construction.
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ee. COUNTY shall notify the Florida’s Turnpike Enterprise’s Permits Office at least 48
hours (two working days) prior to performing any routine or periodic maintenance that
may be required on portions of the reconstructed bridge within the FTE’s right-of-way.
The Florida’s Turnpike Enterprise’s Permits Office will review the work and traffic
control plan for compliance with DEPARTMENT Standards and Specifications.
6. FTE’s Construction, Ownership and Maintenance Responsibilities.
a. FTE shall designate a project manager to coordinate with COUNTY’s designated
project manager for COUNTY’s Project.
b. FTE ownership and maintenance responsibilities shall include:
i. FTE shall own and maintain all portions of the FTE ITS system that extends
into COUNTY right-of-way.
ii. FTE shall own and maintain all roadside barriers, fencing, and sign panels
constructed within FTE right-of-way. The roadside barriers, fencing, and sign
panels shall be designed and constructed to the DEPARTMENT’s and FTE’s
standards and specifications.
c. DEPARTMENT’s post-construction maintenance responsibilities shall include the
following:
i. DEPARTMENT post-construction maintenance responsibilities shall include
all Turnpike roadside barriers, ITS, limited access fencing, and sign panels
constructed within DEPARTMENT right-of-way.
ii. DEPARTMENT shall have no duty to inspect or maintain the Bexley Trail
bridge, including other structures thereon, during the construction, operation,
and post-construction maintenance phases of this Agreement. However,
DEPARTMENT shall have the reasonable right to enter the COUNTY right-
of-way and bridge property for purposes of inspection, including conducting an
environmental assessment. DEPARTMENT’s right of access shall not obligate
inspection of the Bexley Trail bridge by DEPARTMENT, nor shall it relieve
COUNTY of its duty to maintain and inspect the Bexley Trail bridge.
iii. Prior to DEPARTMENT’s final acceptance of the Project, COUNTY and
DEPARTMENT shall jointly perform a field review to verify that no
construction changes have impacted any of the maintenance responsibilities
assigned above. If impacts are identified, COUNTY and DEPARTMENT shall
amend the Agreement to modify this exhibit accordingly. If no construction
impacts are identified, the maintenance responsibilities assigned above shall be
final unless otherwise modified by a writing signed by both Parties.
7. E-Verify. COUNTY and its contractor shall:
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a. Utilize the U.S. Department of Homeland Security’s E-Verify system to verify the
employment eligibility of all new employees hired by the COUNTY during the term of
this Agreement; and
b. Expressly require any contractors and subcontractors performing work or providing
services pursuant to this Agreement 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.
(Executive Order Number 11-116).
8. Insurance. COUNTY shall require that COUNTY’s Contractor and subcontractors working
in connection with COUNTY Project possess insurance coverage as stated in the Florida
Department of Transportation’s Standard Specifications Section 7.13, naming
DEPARTMENT as additional insured and insuring DEPARTMENTagainst any and all claims
for injury or damage to persons and property, loss of toll revenue, and for the loss of life or
property that may occur (directly or indirectly) by reason of COUNTY’s Contractors and/or
subcontractors, as the case may be, accessing FTE’s right-of-way and such party’s
performance within the FTE right-of-way. Additionally, COUNTY’s Contractors and
subcontractors for the Projet shall supply FTE with a public construction bond in accordance
with Section 255.05, Florida Statutes, in the amount of the estimated cost of construction,
provided by a surety authorized to do business in the State of Florida, naming COUNTY and
DEPARTMENT as dual obligees. The bond and insurance shall remain in effect until
completion of construction and final acceptance by FTE. Prior to commencement of the
Project, and on such other occasions as FTE may reasonably require, COUNTY shall provide
FTE with certificates documenting that the required insurance coverage with COUNTY
Contractor and subcontractors is in place and effective.
9. Indemnification. COUNTY shall cause COUNTY’s Contractor to indemnify and hold
harmless DEPARTMENT and its officers and employees from liability, damages, losses, and
costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of COUNTY’s Contractor and
other persons employed or utilized by COUNTY’s Contractor in the performance of this
Agreement. Nothing provided for herein shall inure to the benefit of any third party for any
purpose, which might allow claims otherwise barred by sovereign immunity or operation of
law. The parties shall notify each other in writing immediately upon becoming aware of such
liabilities. 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 of the indemnities to the DEPARTMENT set forth in this Agreement. The provisions
of this paragraph shall survive the expiration or earlier termination of this Agreement, in
accordance with the laws of the State of Florida.
10. Legal Requirements.
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a. General. COUNTY acknowledges that legal requirements are subject to change and agrees
that the most recent requirements shall govern its obligations under this Agreement at all times.
COUNTY shall comply and require its contractors and subcontractors to comply with all terms
and conditions of this Agreement and all federal, state, and local laws and regulations
applicable to this Project. Execution of this Agreement constitutes a certification that
COUNTY is in compliance with, and will require its contractors and subcontractors to comply
with, all requirements imposed by applicable federal, state, and local laws and regulations.
b. Equal Opportunity and Non-Discrimination. In connection with the carrying out of the
Project, COUNTY shall not discriminate against any employee or applicant for employment
because of race, age, creed, color, sex or national origin and will comply with all statutes and
implementing regulations relating to nondiscrimination.
c. Environmental Regulations. Execution of this Agreement constitutes a certification by the
COUNTY that the Project will be carried out in accordance with all applicable environmental
regulations including the securing of any applicable permits. COUNTY will be solely
responsible for any liability in the event of non-compliance with applicable environmental
regulations, including the securing of any applicable permits, and will reimburse the
DEPARTMENT for any loss incurred in connection therewith.
d. Federal Funding. The receipt of federal funds by COUNTY for use in the planning, design,
or construction of the Project, or for any other purpose in connection therewith, shall constitute
a material alteration of this Agreement and DEPARTMENT shall have the right at its
discretion, to terminate this Agreement, deny any of its approvals hereunder, and in the event
DEPARTMENT has granted any approval hereunder, to withdraw such approval.
e. Revenue. All revenue generated by Turnpike System in the area of, or as a result of the
Project shall be the sole property of the DEPARTMENT.
f. Bond Resolutions/Covenants. COUNTY shall take no action which would be in
contravention of any bond resolutions and indentures or impair the integrity of any bond
covenants of the DEPARTMENT, or its Florida’s Turnpike Enterprise.
g. Access to Turnpike System. Unless otherwise authorized by the DEPARTMENT, no
access to the Project area, other than at public access points, subject to the same conditions as
public users, shall be had by COUNTY.
11. Notices; Service of Process. All notices, requests, certificates, or other communications shall
be sufficiently given and shall be deemed given when hand-delivered, mailed by registered or
certified mail postage prepaid, return receipt required or overnight courier service with
guaranteed next day delivery to the parties at the following addresses:
To FTE:
Executive Director & Chief Executive Officer
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Page 16
Florida’s Turnpike Enterprise
Turnpike Headquarters -Bldg. 5315
P.O. Box 613069 Ocoee, FL 34761-3069
With Copy to:
Turnpike Chief Counsel
Turnpike Headquarters -Bldg. 5315
P.O. Box 613069 Ocoee, FL 34761-3069
To COUNTY:
County Administrator Sumter County 7375 Powell Road Wildwood, FL 34484 With Copy to:
County Attorney The Hogan Law Firm, LLC PO Box 485 Brooksville, FL 34605
Either of the above parties may, by notice in writing given to the other, alter the address to
which communications or copies are to be sent by giving notice of such change of address in
conformity with the provisions of this Section for the giving of notice.
12. Sovereign Immunity. Nothing in this Agreement shall be deemed or otherwise interpreted as
waiving the parties' respective sovereign immunity protections, or as increasing the limits of
liability as set forth in Section 768.28, Florida Statutes.
13. Entire Agreement. This Agreement, including the exhibits to this Agreement, contain the sole and
entire agreement between the parties with respect to their subject matter and supersede any and all
other prior written or oral agreements between them with respect to such subject matter.
14. Jurisdiction and Venue. This Agreement is accepted and entered into in Florida and any
question regarding its validity, construction, enforcement, or performance shall be governed
by Florida law. 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 in Leon County,
Florida.
15. Severability. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
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Page 17
16. Counterparts. This Agreement may be simultaneously executed in several counterparts, each
of which shall be an original and all of which shall constitute but one and the same instrument.
17. Public Records Law. The parties shall allow public access to all public records made or
received in conjunction with this Agreement and the performance thereof, in accordance with
the provisions of Chapter 119, Florida Statutes.
18. Modifications, Amendments, or Alterations. No modification, amendment, or alteration in
the terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
19. Waiver. 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. 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.
20. Assignment. This Agreement may not be assigned without the written consent of the parties.
21. Binding Effect. 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.
22. No Contingent Fees. The parties warrant that they have not employed or obtained any
company or person, other than their respective bona fide employees to solicit or to secure
this Agreement and that they have not paid or agreed to pay any company, corporation,
individual or firm, other than bona fide employees to solicit or secure this Agreement.
23. Resolution of Conflicts. The Florida’s Turnpike Enterprise’s Executive Director is hereby
authorized and empowered to decide all difficulties, disputes, and conflicts involving traffic
safety, construction, maintenance of traffic, and maintenance within the DEPARTMENT's
right-of-way that may occur in connection with the performance of this Agreement. The
Florida’s Turnpike Enterprise’s Executive Director's decision upon all questions, difficulties
and disputes shall be final and conclusive upon the parties hereto.
24. Effective Date. This Agreement shall become effective when all parties have signed it. The
date this Agreement is signed by the last party to sign it (as indicated by the date stated under
that party's signature) shall be deemed the effective date of this Agreement.
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Page 18
[SIGNATURES ON FOLLOWING PAGES.]
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Page 19
IN WITNESS WHEREOF, DEPARTMENT and COUNTY have caused these present to
be executed this Agreement for the purposes herein expressed on the dates indicated below. This
Agreement was approved by COUNTY Board of Directors at its meeting on
, 2021.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: DATE:
Nicola Liquori
Executive Director & Chief Executive Officer
Florida’s Turnpike Enterprise
ATTEST:
Executive Secretary
Legal Review:
BY:
Office of General Counsel
SUMTER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
BY: Date:
___________, Chair, Board of Supervisors
ATTEST:
__________, Clerk
Legal Review:
BY:
___________, County Attorney
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Page 20
EXHIBIT A
PROJECT LOCATION AND POST-CONSTRUCTION OWNERSHIP AND MAINTENANCE RESPONSIBILITIES
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Page 21
Exhibit A
LOCATION MAP
SUMTER COUNTY
STATE ROAD NO. 91 (FLORIDA'S TURNPIKE)
BEXLEY TRAIL BRIDGE OVER S.R. 91 (FLORIDA'S TURNPIKE)
D
Existing Bailey Road Bridge Br. No. 180024 to be removed
End Bexley Trail over SR 91 (Florida's Turnpike) Bridge Bridge No. 184124 Sta. 401+10.00
-..........._ TO LEESBURG
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5 4 3 2
8
Coleman Feder.t
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9 FKilit
II 10 11 TO MIAMI
TO OKAHUMPKA TO OKAHUMPKA
""TO MIAMI
1£ Bexley Trail Sta. 400+00.00 = 1£ SR 91 (Florida's Turnpike) Sta. 7632+13.30 MP 299.6±
Begin Bexley Trail over SR 91 (Florida's Turnpike) Bridge Bridge No. 184124 Sta. 398+90.00
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Page 23
TPK LA R/W
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ELEVATION (Looking East)
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