The URL can be used to link to this page

Home My WebLink AboutR-2006-104 Execute a utility work agreement with FDOT portion of the right of way East Dania Beach RESOLUTION NO. 2006-104 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A UTILITY WORK AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CITY UTILITY WORK TO BE LOCATED WITHIN A PORTION OF THE RIGHT OF WAY OF EAST DANIA BEACH BOULEVARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute a Utility Work Agreement with the Florida Department of Transportation for the City utility work to be located within a portion of the right of way of East Dania Beach Boulevard. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. • Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on June 27, 2006. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: ,. LOUISE STILSON, CMC 7-1K-1—i,v&-CITY CLERK APPROVED AS TO O AND CORRECTNESS: BY: C • f 7� TH MAS J. I BRO CITY ATTORNEY i t CITY OF DANIA BEACH Agenda Item# ws r Agenda Request Database IM�.:�- Date of Commission Meeting: 6/27/2006 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Requested Action a� {Idenf{ty appropnate`Aetion or Motion) r3 g Authorization for executing utility work agreement between City and FDOT. V4lhy Action'js Necessary To allow for construction of utility lines in Dania Beach Blvd. right of way. MM hat Action Accomplishes r ,. t f .�,', ` °' Purchas ing Requests ONLY i ` ._�,: R."' Yea Dept: 1400 City Attorney Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ ' kK Summary Explanation/Backgroun�� Water main and sewer lift station force main upgrades have been proposed for Dania Beach Blvd. allowing for future growth, this agreement with FDOT facilitates the proposed upgrades. 3 g t err Fiscal Impact/Cost Summary F Av None Exhibits Attached Resolution Memo Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Si natures , a, a s •Authorized f f .. Submitted by Leo Williams Date 06/15/06 Department Director Dominic Orlando Date 06/15/06 HR Director Date Finance Director Patricia Varney Date 06/15/06 City Attorney Thomas J. Ansbro Date 06/15/06 City Manager Ivan Pato Date 06/15/06 g City",Clerk Use 5, A ga .SPt .. Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ TO: Mayor Patricia Flury Vice Mayor Robert Anton Commissioner John Bertino Commissioner Anne Castro Commissioner C. K. McElyea FROM: Ivan Pato, City Manager Date: June 15, 2006 RE: Agreement with FDOT to allow upgrade of utilities in East Dania Beach Blvd. Introduction and Background The City of Dania Beach is coordinating several projects with FDOT. One of the projects is the resurfacing of Dania Beach Blvd. The City is also coordinating several City projects with FDOT along Dania Beach Blvd. (12-inch water main, 16-inch sanitary sewer force main and the traffic signal at SE 5th Avenue). An agreement is required with FDOT to allow the City of Dania Beach to install the 12-inch water main and 16-inch sanitary sewer force main. There is no cost impact to the City of Dania Beach for this agreement. Recommendation It is recommended that the City Commission approve this agreement with FDOT. 2:��A7 Florida Department of Transportation JEB BUSH GOVERNOR UTILITIES/DESIGN DEPARTMENT DF,NVS SEE.1.CREETARYI'ARY R,.IR. 3400 W.Commercial Boulevard,Ft.Lauderdale.FL 33309-3421 (954)777-4128/FAX(954)777-4482&777-4634 Toll free 1-866-336-8435 August 17, 2006 Mr. Ivan Pato City Manager City of Dania Beach 100 North Dania Beach Blvd. Dania Beach, FL 33004 Dear Mr. Pato: RE: EXECUTED UTILITY WORK AGREEMENT State Road No.: AlA (Dania Beach Boulevard) Financial Project: 228158-1-52-01 FAP No.: N/A County: Broward 1 am enclosing an executed copy of the above referenced agreement as well as the approved Utility Work Schedule. As you know, your schedule indicates all work will be completed prior to the start of our construction. Based on our current bid opening schedule, we anticipate all work by the City will be completed by the end of March 2007. We appreciate your cooperation to achieve this transportation improvement to benefit the citizens we both serve. Sincerely, Anne V. En4sley Utility Project Manager AVE:bss Enclosure Cc: Julio Delgado, Project Manager; Maria Connolly, Ft. Lauderdale Operations Engineer, File www,dot.state,fLus Form No.710-010-55 Utilities STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 10/04 UTILITY WORK AGREEMENT (at UAO's Sole Expense) Financial Project ID: 228158-1-52-01 Federal Project ID: N/A County: Broward State Road No.: A1A District Document No: �ilityency/Owner (UAO): City of Dania Beach / 0- ,; THIS AGREEMENT, entered into this (n day oVJAaLvear of cZV4 by and between the STATE OF FLORIDA DEPART ENT OFT TRANS ORTAT RA► ION, hereinafter referred to as the "FDOT, and City of Dania Beach, hereinafter refe d to as the "UAO"; WITNESSETH: WHEREAS, the UAO owns or desires to install certain utility facilities which are located on the public road or publicly owned rail corridor identified below, hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, or placed out of service); and WHEREAS, the FDOT, is currently engaging in a project which involves constructing, reconstructing, or otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor identified as Dania Beach Blvd., State Road No.A1A, hereinafter referred to as the "Project"; and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation, adjustment, or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and WHEREAS, under the law of the State of Florida,the Utility Work must be performed at the sole cost and expense of the UAO; and WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and conditions applicable to the Utility Work; NOW,THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: 1. Performance of Utility Work a. The UAO shall perform the Utility Work in accordance with the utility relocation schedule attached hereto as Exhibit A and by this reference made a part hereof(the Schedule) and the plans and specifications for the Utility Work which have been previously approved by the FDOT (the Plans), said Plans being incorporated herein and made a part hereof by this reference. If the Schedule and the Plans have not been prepared as of the date of the execution of this Agreement, then the Utility Work shall be performed in accordance with the Plans, and the Schedule that are hereafter prepared in compliance with the notice previously sent to the UAO which established Page 1 of 10 Form No. 710-010-55 Utilities 10/04 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT (at LIAO's Sole Expense) the terms and conditions under which those documents are to be prepared. The FDOT's approval of the Plans shall not be deemed to be an adoption of the Plans by the FDOT nor a substitution for the proper exercise of engineering judgmentand the UAO shall at all times remain responsible for any errors or omissions in the Plans. The Utility Work shall include all Facilities located on the Project and neither the failure of the UAO to include all of the Facilities in the Schedule, nor the Plans, nor the failure of the FDOT to identify this omission during its review of the Plans shall relieve the UAO of the obligation to make those Facilities part of the Utility Work. Time shall be of the essence in complying with the total time shown by the Schedule for the Utility Work as well as any and all interim time frames specified therein. The Utility Work shall be performed in a manner and using such methods so as to not cause a delay to the FDOT or its contractors in the prosecution of the Project. The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its contractors caused by errors or omissions in the Plans or the Schedule (including location of the Facilities and the proper inclusion of all Facilities as part of the Utility Work as stated above); failure to perform the Utility Work in accordance with the Plans and Schedule; or failure of the UAO to comply with any other obligation under this Agreement or under the law. b. All Utility Work shall be performed by UAO's own forces or its contractor at the UAO's sole cost and expense. The UAO shall be responsible for obtaining any and all permits that may be necessary to perform the Utility Work. The FDOT's Engineer (as that term is defined by the FDOT's Standard Specifications for Road and Bridge Construction) has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FDOT's Engineer. In so doing, the UAO shall make such adjustments and changes in the Plans and Schedule as the FDOT's engineer shall determine are necessary for the prosecution of the Project and shall stop work or modify work upon order of the FDOT's engineer as determined by the FDOT's engineer to be necessary for public health, safety or welfare. The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the UAO pursuant to subparagraph 1 a. c. After the FDOT has received a proper Schedule and Plans, the FDOT will issue a notice to the UAO which authorizes the Utility Work to proceed. The UAO shall notify the appropriate FDOT office in writing prior to beginning the Utility Work and when the UAO stops, resumes, or completes the Utility Work. The Utility Work shall be performed under the conditions of, and upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to, the Utility Permit (Note: Intent of this line is to allow either attachment of or separate reference to the permit). 2. Claims Against UAO a. In the event the FDOT's contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will, in accordance with the FDOT's Page 2 of 10 Form No.710-010-55 Utilities 10!04 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT (at UAO's Sole Expense) procedure, notify the UAO of the notice of intent and the UAO will thereafter keep and maintain daily field reports and all other records relating to the intended claim. b. In the event the FDOT's contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO and the FDOT's contractor shall be in writing, shall be subject to written FDOT concurrence and shall specify the extent to which it resolves the claim against the FDOT. 3. Out of Service Facilities No Facilities shall be left in place on FDOT's Right of Way after the Facilities are no longer active (hereinafter Placed out of service/Deactivated) unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities Placed out of service/Deactivated, but only to said Facilities Placed out of service/Deactivated: a. The UAO acknowledges its present and continuing ownership of and responsibility for Facilities Placed out of service/Deactivated. b. The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by the UAO. In the event of a breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of subparagraph 3. e. below. c. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in accordance with any and all applicable local, state or federal laws and regulations and in accordance with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely responsible for gathering all information necessary to meet these obligations. d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to information requests concerning the Facilities that are Placed out of service/Deactivated of the FDOT or other permittees using or seeking use of the right of way. e. The UAO shall remove the Facilities upon 30 days prior written request of the FDOT in the event that the FDOT determines that removal is necessary for FDOT use of the right of way or in the event that the FDOT determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. In the event that the Facilities that are Placed out of Service/Deactivated would not have qualified for reimbursement under this Agreement, removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make Page 3 of 10 Form No.710-010-55 Utilities 10104 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT (at UAO's Sole Expense) any claim of any nature whatsoever with regard thereto. In the event that the Facilities that are Placed out of Service/Deactivated would have qualified for reimbursement only under Section 337.403 (1)(a), Florida Statutes, removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto because such a removal would be considered to be a separate future relocation not necessitated by the construction of the project pursuant to which they were Placed out of service/Deactivated, and would therefore not be eligible and approved for reimbursement by the Federal Government. In the event that the Facilities that are Placed out of service/Deactivated would have qualified for reimbursement for other reasons, removal of the out of service Facilities shall be reimbursed by the FDOT as though the Facilities had not been Placed out of service/Deactivated. Removal shall be completed within the time specified in the FDOT's notice to remove. In the event that the UAO fails to perform the removal properly within the specified time, the FDOT may proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes. f. Except as otherwise provided in subparagraph e. above, the UAO agrees that the Facilities shall forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FDOT for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in the Facilities or the discharge of hazardous substances or materials from the Facilities. Nothing in this paragraph shall be interpreted to require the UAO to indemnify the FDOT for the FDOT's own negligence; however, it is the intent that all other costs and expenses of any nature be the responsibility of the UAO. 4. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the FDOT. (2) Pursue a claim for damages suffered by the FDOT. (3) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within 60 days from written notice thereof from the FDOT until such time as the breach is cured. Page 4 of 10 Form No. 710-010-55 Utilities 10104 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT (at LIAO's Sole Expense) (4) Pursue any other remedies legally available. (5) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the UAO. (2) Pursue any other remedies legally available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties and from any statutory obligations that either party may have with regard to the subject matter hereof. 5. Indemnification FOR GOVERNMENT-OWNED UTILITIES: To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON-GOVERNMENT-OWNED UTILITIES; Page 5of10 Form No.710-010-55 Utilities 10104 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT (at UAO's Sole Expense) The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 6. Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 7. Miscellaneous a. The Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the then current Utility Accommodation Manual and the current utility permit for the Facilities. b. Pursuant to Section 287.058, Florida Statutes, the FDOT may unilaterally cancel this Agreement for refusal by the UAO to 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 UAO in conjunction with this Agreement. Page 6 of 10 Form No.710-010-55 Utilities 10104 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT (at UAO's Sole Expense) c. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which shall be applicable at the time of the Project and the relocation of the Facilities and except that the UAO and the FDOT may have entered into joint agreements for Utility Work to be performed by FDOT's highway contractor. To the extent that such a joint agreement exists, this Agreement shall not apply to Facilities covered by the joint agreement. Copies of FDOT manuals, policies, and procedures will be provided to the UAO upon request. d. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining provisions hereof. e. Time is of the essence in the performance of all obligations under this Agreement. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: G Or DA-rJ i A Rca-c 00 W, b'1fJ1A 0gLEV4 rJt A .Act "33CV N! 2 tC E" If to the FDOT: Ft. Lauderdale Operations Engineer 5548 N.W.9th Avenue Ft. Lauderdale, FL 33309 (954)776-4300 8. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes to Form Document and no change is made in the text of the document itself. Hand notations on affected portions of this document Page 7of10 Form No 710-010-55 Utilities 10104 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT (at UAO's Sole Expense) may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled "Changes to Form Document." Page 8 of 10 Form No.710-010-55 Uldibes STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 10104 UTILITY WORK AGREEMENT (at LIAO's Sole Expense) You MUST signify by selecting or checking which of the following applies: No changes have been made to this Form Document and no Appendix entitled "Changes to,Form Document" is attached. ❑ No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: City Of Dania Beach BY: Si nature DATE: (Typed Name: ) IVAN pATO (Typed Title: ) CIzy rMIAcE Recommend Approval by the District Utility Office r / (-Zcc,� BY: I e DATE: FDOT Legal review BY: Lqilgnature DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ----., GE=FLOC 9 BY: tSignatu DATE: /G G (Typed Jam Nam gs A. Wotf® ;�,j c� (Typed T't Dis ct Secretary �i�ror 91 c Page 9 of 10 Form No. 710-010-55 Utilities 10104 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT . (at UAO's Sole Expense) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: DATE: (Typed Name: ) (Typed Title: ) Page 10 of 10 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710.01C UTILITY WORK SCHEDULE UTILIT OE Page'I Financial Project ID: 228158-1-52-01 & 404759-1-52-01 Federal Project ID: NA County: BROWARD COUNTY State Road No.: SRA1A District Document No: Utility Agency/Owner(UAO): CITY OF DANIA BEACH A Summary of Utility Work And Execution ESTIMATED ESTIMATED NON-CONSTRUCTION ITEMS 'CALENDAR DAYS CONSTRUCTION ITEMS 'CALENDAR DAYS Total Preliminary 60 Total Prior to FDOT Project Construction 210 Total Material Procurement 60 Total During FDOT Project Construction 0 Total Right-of-Way Acquisition 60 Total Other 0 'Calendar Days=UAO Work Days X 7/5 and takes into consideration simultaneous activities listed on Part"C"of this Schedule. This document has been developed as the method for a Utility Agency/Owner(UAO)to transmit to the Florida Department of Transportatic (FDOT), the FDOT's Contractor, and other right-of-way users, the location, relocation, adjustment, installation, and/or protection of the facilities,on this FDOT project. The following data is based on FDOT preliminary construction plans dated . Any deviation by th FDOT or its contractor from the plans, as provided, may render this work schedule null and void. Upon notification by FDOT of suc change, this utility may require additional days for assessment and negotiation of a new work schedule. This UAO is not responsible f: events beyond the control of the UAO that could not reasonably be anticipated by the UAO and which could not be avoided by the UAO wit the exercise of due diligence at the time of the occurrence. The UAO agrees to notify the Department in writing prior to starting, stoppinc resuming,or completing work. In accordance with Rule 14-46.001 (Utility Accommodation Manual)and the Utility Permit,for any excavation, construction, maintenance, c support activities performed by or on behalf of the FDOT, within its R/W, the Permittee may be required by the FDOT or its agents tI perform the following activities with respect to a Permittee's facilities: physically expose or direct the exposure of underground facilities provide any necessary support to facilities and/or cover aerial facilities as deemed necessary. UAO Project Representative: DOMINIC F. ORLANDO Telephone Number: 954-924-3740 UAO Field Representative: IM WTTT,TAMS Telephone Number: This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form o additions, deletions or substitutions are reflected only in an Appendix entitled"Changes to Form Document"and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-namec Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled "Changes to Form Document". , You MUST signify by selecting or checking which of the following applies: ❑ No changes to forms document. f]Appendix"Changes to Forms Do ent"is attached. Number of Attachment Pages. Authorized Ut' ' "Engine f Record (EOR); IA:�epta�D lities: 9 ) (Signature) (ignatureV van Pato Ross ShWingforci, P f (Printed Name) (Printed Name) (Pri ,te N e) City Manager � J (Title) (Title) 'Tit ) -,(Date) (Date) / (Date) ("When r quested by the District,the�n;zwill attest to compatibility of plans,specifications and Utility Work Schedule) ewo,� a I i it i I I Qa Z Q in ., .. o 0 c m W a H Zp R o W d d �? � = m H a rn c v 0: C a 0 U w o � 00 _ fn w J o H a a O 1 N u'1 = I U I Q W v1 m n Q 1� Z O iQ U- p �!704 1r Iv Imo ) I I,QI I - IO Q ZI C 1 u Q� �fI I 4Ci+ O E_ O O U a o �a m 0 Q U rr C r U m C =O V) VfO fnW 7 O dt.o" W O m Im a H Q p cn N J p OU U W w W (f) m d d d d d d d d d d d � (L z z z z z z z z z z z z W oF- d d d d d d d d d d d Z > \ \ \ \ \ \ \ \ \ \ \ W z z z z z z z z z z p W U d p Q c O Z Q d 0 z p N Q — .. Q ., O a W u Z a o= p ca p CL m rn z O C w is r = t y d d V .� x O W LL fn Q c y Z Y CL J O a� y aLL � CD XO � cr - U LL J V !n J ca o LL W f— ? O p O � b 't7 i7 L7 b 'L7 C t7 a; a Q) +-' L 4.J 41 -W JJ 41 1J ai ai cd cc cd cd cd cd N Vl N U U U U U U U U U O O n n H � _ r-i r 0-I � -4 � o rI I N L7 b a a a a v a) ) w v w N p cd cG P P P 34 ?a F4 S+ N Ln I U a) aJ a) W aJ aj v aU aJ aJ d I Q C, W O O O O O O O O O O O Lr) m H H H H H H H H H H H n Q O z Q .. zs LL _ .. _ :a = = N F_- F— �j (n .� .. .. v } I— LL O .. .. .. .. 00 •' LL �' i-. i-. H E--H Z O >-OQ a a z x a N U O " W_ Fx O O N N El ElN N �t �O cr1 CO M -,t 00 p p Z d H W O N N N a) P4 04 a 00 00 Cl) •-4 .t N �t \ \ c 3 JF- = •• \\\ >4 ��.. \ \ \ \ \ \ \ O Lr) Q LL W O O D 0 0 0 Lr) 00 _-q r` O r- m M .t -zr • m < E O U g W a� � 'T � as -.:r 00 � � Ln M -I- N N N + + >, Q , CDr1 + + + + + + + + + + + + + . O O 3 U LL. W z O r, a0 O aJ O 1�0 O 00 00 (`) Cl) c- r- r- N cr1 dQ' UO } N J ,C •--� cr1 ,'� M M U-) r1 4 .--1 N� N M M M 00 O w U) Cd cd z 0 cad m cd m cd w w 00 z cd u co 4- c Y f=a m Ln rlo Ln Cl) W Ln M m LO w cn Ln Ln O iiN " •--� N M It Ln �0 I� 1 O0 C .--i U O � U STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DIVISION OF PRECONSTRUCTION & DESIGN UTILITY WORK SCHEDULE During the final negotiation stages in clearing a design project for construction, the District Utilities Section will furnish to the UAO a Utility Work Schedule Form 710-010- 05 to be completed in sufficient detail to fully describe the Utility Owner's Work. The heading information will be supplied by the District. All information should be typed, and the UAO will be required to complete, sign, date and return the Work Schedule to the Assigned Engineer. Use as many additional sheets for Sections "A", "B", and "C" as needed and number accordingly. Be sure to furnish as much information as necessary to describe in detail all work to be performed. This completed Utility Work Schedule will be included in the special provisions of the contract bid package. THE UAO SHALL COOPERATE WITH FDOT's CONTRACTOR TO INCLUDE THEIR UTILITY RELOCATION WORK IN CONTRACTOR'S WORK PROGRESS • SCHEDULE PRIOR TO PRECONSTRUCTION CONFERENCE. FOLLOWING THE PRECONSTRUCTION CONFERENCE THE WORK PROGRESS SCHEDULE INCLUDING UTILITY ACTIVITIES AS SPECIFIED BY THE STANDARD SPECIFICATIONS SUBARTICLE 8-3.2 WILL BE THE BASIS FOR ACCOUNTABILITY OF THE UAO. A lump sum number of days for the Utility Work will be unacceptable without a schedule of activities identifying each operation and its relation to contract time. Section A.,'Summary of Utility Work and Execution: The number of days in this section must equal the num ber of days in section C. Any special construction considerations which are important to your operations should be identified to both FDOT and its contractor in the Special Notation Section "B". Section C., Disposition of Facilities: This section shall identify the disposition of each utility facility. These utility work activities shall coincide with Maintenance of Traffic plans and phasing for this project. Note that dependent activities are tied to the construction contract activities and not UAO activities such as ordering supplies, permits, etc. February 2004 N Q m � st > u c y w v p o u Q > U v wo m F) CJ W W y # H O O m L Q < q O v p Z Z U Zq Q w w P t0 -J J U W to toW W N L L m tf W C C O SO > > N Cl; U U U _ 7 Q N O O t0 M r + W O ti U w v m "� y z N + o w N ¢ q N m N d S O w N q N x n H Z h U �LL LLI O O S O N Z F W LL Q 1 J ~ Q N N x O U _OOW w xw0 x IL Ow ~ a rx- w y r co W U 7 p w J IL U Z W z z-a o - U J w 6 W W Q LL m U F Z OOJ w w x O F- p w m w 4 m Cor mZ z0 0 0 0 EL w LL N w W _m - w x p xr wy ww xm my �y O m U F O Z ix w ¢ LL< .... x¢} W F W w h W o0 N ZWLL 2 LL U ~w0 IL 0 r n OLow Z Fy 3 O a ~ J Q w H f Z x w wax x O W( 0 m~om y w x w z a a a a a ¢W m Z d Ju x x x x n N W a 2 d c v am in ro Q Q U x Ix U p•_� U C N N ry Q yV V W O O O zZ-J= E 00 a O O H - N p Q ,,oz U zowO O x U o $$ LL Q LL q U) w oxrz ai y (D N P lD lD LL N U c0 Q U J - 1- (D u O Z r p Z c w U W G .a' N N of W O LL in N .- x fn a M N O OJ W t.j N V ry P cp W H LL w Z 4Y Q L N Q Qww O Z a N w W_ W _ l LL x x S d z z W W L Z LL O t O O c p x a d mo <° view W O m y U U uU w Q C O LL z m 0 LL Z Z O W Z Q u O r- rr o to m O U x O `o o, ri o o �o O F LIE C Q W J Q U U y !D m N N th th M n N Q ~W!n FLORIDA July 6, 2006 Ross Shillingford, P.E. Project Manager/Utility Coordinator Metric Engineering, Inc. West Palm Beach Office 6415 Lake Worth Road, Suite 305 Lake Worth, FL 33463 RE: UTILITY WORK AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION-STATE ROAD A 1 A- FINANCIAL PROJECT ID: 228158-1-52- 01 Dear Mr. Shillingford: With reference to your letter dated April 24, 2006, addressed to Dominic Orlando, Public Services Director, please find enclosed herewith the following documents: - Four executed originals of the Utility Work Agreement - Four executed originals of the Utility Work Schedule - A certified copy of Resolution No. 2006-104 adopted by the Dania Beach City Commission on June 27, 2006. If you have any questions regarding this agreement, please contact Dominic Orlando, Public Services Director, at 954-924-3740. Sincerely, Miriam Nasser Acting City Clerk Enclosures "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us r ' METRIC w ENGINEERING 4 WEST PALM BEACH OFFICE 641 5 LAKE WORTH ROAD • SUITE 305 � LAKE WORTH, FL 33463 w PHONE: (561 ) 966-6550 FAx: (561 ) 966-61 72 G- WWW.METRICENG.COM S April_24, 2006 Mr. Dominic Orlando z City of Dania Beach 0 P. O. Box 1708 Dania Beach, FL 33004 Re: AGREEMENT State Road No. A I A (Dania Beach Blvd.) from US to Cambridge St. U State F.M. No. 228158-1-52-01 < County: Broward County w m Dear Mr. Orlando: The Department agrees that the UAO is not eligible for reimbursement for any relocation or adjustments to any of its facilities in the road right-of-way made necessary by the new "' roadway construction. �, • Enclosed please find: Four Copies of the Utility Relocation Agreement, (at UAO's Sole Expense) (4 copies) please complete and execute all four with original signatures. City Resolution —Please complete this resolution, or a certified copy of the City's UJ own resolution is also acceptable. We need only one original resolution. Utility Relocation Schedule—Please fill it out, make four copies, th n-'execute all Z four with original signatures and return all four to me. I have.enclosed for your information and use in completing the schedule: - Instructions for completing the schedule - Construction Plans - List of Utility Conflicts Please return the requested documents on or before June 5, 2006. < Please do not hesitate to contact me if I can help,you..fill,,out any of these forms or.answer Q any questions. a r Q Sincerely, Ross Shillingford, P.E. <* Project Manager/Utility Coordinator !"N 7 0 n METRICFP\ENG\PRO-ML,. z:IEA-_F2Ad.579\CO:RRESP\UAO_FINAL AGREEMENT. 041906.DOC 6 13940 S.W. 136 STREET, SUITE 200 - MIAMI, FL 331 86 PHONE: (305) 235-5098 - FAX: (305) 251-5894 - WWW.METRICENG.COM g` Enclosures: Construction Plans (Roadway, Signing &Pavement Markings, Signalization) Utility Relocation Schedule &Instructions Resolution Utility Conflict List Utility Work Agreement (at UAO's Sole Expense) Cc: File James Jeffers, P.E./FDOT Resident Engineer Paul Blanchard, P.E./FDOT Resident Maintenance Engineer Julio Delgado, P.E., Anne Endsley/FDOT MEM, JUMEI i i f I i F:\ENG\PROJ\A-1-A-2.1579\CORRESP\UAO-FfNAL AGREEMENT.041906.DOC STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RESOLUTION UTILITY AGREEMENT • Financial Project ID: 228158-1-52-01 Federal Project ID: NA Work Program Item No. (old): County/Section No.: Broward / 86030 State Job No. (old) District Document No.: WHEREAS, the State of Florida Department of Transportation, hereinafter referred to as the "FDOT", proposes to construct or reconstruct a transportation facility identified above, hereinafter referred to as the "Project"; and WHEREAS, in order for the FDOT to proceed with the Project, it is necessary for , hereinafter referred to as the "UAO", to execute and deliver to the FDOT the agreement identified as hereinafter referred to as the'Agreement'; NOW, THEREFORE, BE IT RESOLVED BY THE UAO: That(Name) , (Title) be hereby authorized and directed to execute and deliver the Agreement to the FDOT. A certified copy of this Resolution be forwarded to the FDOT along with the executed Agreement. ON MOTION of seconded by , the above resolution was introduced and passed by the UAO on the day of year of NAME: Title: ATTEST: Title: • RECYCLED PAR