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HomeMy WebLinkAboutR-2021-161 FDOT Maintenance Memorandum to Install and Maintain Transformers and Electrical Paraphernalia on FDOT Light Poles for City Holiday Lights MISSING EXH. 2 exhibitRESOLUTION NO.2021-161 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") DISTRICT FOUR MAINTENANCE MEMORANDUM AUTHORIZING THE CITY TO INSTALL AND MAINTAIN TRANSFORMERS AND ELECTRICAL PARAPHERNALIA ON FDOT LIGHT POLES SO THAT THE CITY CAN INSTALL HOLIDAY LIGHTS; AND AUTHORIZING THE CITY TO ISSUE THE REQUIRED SURETY/SECURITY DEPOSIT OF $70,000.00 TO FDOT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach desires to install holiday lighting within the medians and roadways of Dania Beach, including SR5/US-1; and and WHEREAS, SR5/US-1 is owned by the Florida Department of Transportation (FDOT); WHEREAS, the City has applied for FDOT Permit No. 202 1 -C-49 1 -000 10, which permit will authorize the City to utilize all the FDOT existing light poles on the FDOT owned roadways, to install new transformers, Ground Fault Circuit Interrupter (GFCI) receptacles, and associated peripherals (the "Features") on the existing FDOT aluminum and concrete light poles along SR5/US-1 Federal Highway from Mile Post (M.P.) 4.200 to 5.920, SR 818 Griffin Rd. from M.P. 6.877 to 10.700, SR 848 Stirling Rd. from M.P. 5.440 to 6.700 and SR 822 Sheridan St. from M.P. 3.650 to 4.585; and WHEREAS, in order to install the holiday lighting, the City must enter into a maintenance agreement with FDOT, which includes insurance and certain maintenance requirements, and FDOT requires the payment of a surety (security) deposit in the amount of Seventy Thousand Dollars ($70,000.00), equal to the cost estimate to install the GFCI receptacles; and WHEREAS, the Public Services Department recommends that the City enter into the attached maintenance memorandum and comply with all required conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct, and they are made a specific part of and incorporated into this Resolution by this reference. Section 2. That the proper City officials are authorized to execute the FDOT District Four Maintenance Memorandum authorizing the City to install and maintain the Features on FDOT light poles so that the City can install holiday lights, which Memorandum is attached and incorporated by reference into this Resolution as Exhibit 1. Section 3. That the City is authorized to provide the Seventy Thousand Dollar ($70,000.00) surety to FDOT relating to the installation of the GFI receptacles. A copy of the FDOT surety is attached and incorporated by reference into this Resolution as Exhibit 2. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on October 26, 2021. ATTEST: i THOMAS SCHNEIDER, CMC CITY CLERK APPROVED AS FORM AND C( e T 4 � ' 'q \f \ THOMAS J. A SBRO CITY ATTWEY . .•. MAYOR 1 ; ; 01,64I S _ 2 RESOLUTION #2021-161 SECTION NO.: 86010, 86015, 86016 & 86230 PERMIT NO: 2021-C-491-00010 COUNTY: Broward State Road: SR-5, SR-818, SR-848, SR-822 DISTRICT FOUR MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT made and entered into this date , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT, and the CITY OF DANIA BEACH, a municipal corporation existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over SR5/US-1 Federal Highway, SR 818 Griffin Road, SR 848 Stirling Road, SR 822 Sheridan Street; and WHEREAS, the AGENCY seeks to install and have maintained by the AGENCY certain highway FEATURES; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain SR5/US-1 Federal Highway from Mile Post (M.P.) 4.200 to 5.920, SR 818 Griffin Road from M.P. 6.877 to 10.700, SR 848 Stirling Road form M.P. 5.440 to 6.700 and SR 822 Sheridan Street from M.P. 3.650 to 4.585, (within the limits of the AGENCY); and WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall construct, and the AGENCY shall maintain the specific elements constructed under PERMIT NO. 2021-C-491-00010 as well as all the existing light poles on the associated meter to include but not limited to the new installation of transformers, Ground Fault Circuit Interrupter (GFCI) receptacles, and associate peripherals on existing Florida Department of Transportation (FDOT) aluminum and concrete light poles along SR5/US-1 Federal Highway from Mile Post (M.P.) 4.200 to 5.920, SR 818 Griffin Rd. from M.P. 6.877 to 10.700, SR 848 Stirling Rd. form M.P. 5.440 to 6.700 and SR 822 Sheridan St. from M.P. 3.650 to 4.585 hereinafter called FEATURES; and WHEREAS, the Project involves the scope of work as described within Exhibit A (Project Location, Description and Project Aerial) and Exhibit B (Plans), which will benefit the AGENCY; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution Number entered into this date , attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: SECTION NO.: 86010, 86015, 86016 & 86230 PERMIT NO: 2021-C-491-00010 COUNTY: Broward State Road: SR-5, SR-818, SR-848, SR-822 1. RECITALS The recitals set forth above are true and correct and are deemed incorporated herein. 2. INSTALLATION OF FACILITIES The AGENCY shall construct, under Permit No. 2021-C-491-00010, additional FEATURES as detailed in Exhibit A and Exhibit B that will benefit the AGENCY. The AGENCY agrees to maintain the FEATURES described herein as: the existing light poles on the associated meter to include but not limited to the new installation of transformers, Ground Fault Circuit Interrupter (GFCI) receptacles, and associate peripherals on existing Florida Department of Transportation (FDOT) aluminum and concrete light poles, as described within Exhibit A and Exhibit B, within the corporate limits of the AGENCY; and A. All activities, including the FEATURES installation and future maintenance operations performed on State highway right of way, must be in conformity with the most current edition of the Manual on Uniform Traffic Control (MUTCD) and FDOT Traffic Control through Work Zones. B. The most current edition of FDOT Standard Plans (Sight Distance at Intersections) must be adhered to. C. Lateral Offsets as specified in the FDOT Plans Preparation Manual, Volume 1, Chapters 2 and 4 must be adhered to. D. FEATURES shall not obstruct roadside signs or permitted outdoor advertising signs, (see Florida Administrative Code [F.A.C.] Rule Chapter 14-10.) E. The AGENCY shall provide the local FDOT Operation Center located at Broward Operations, 5548 NW 9t' Ave., Ft. Lauderdale, Florida 33309, (954) 776-4300, a twenty-four (24) hour telephone number and the name of a responsible person that the DEPARTMENT may contact. The AGENCY shall notify the local maintenance office forty-eight (48) hours prior to the start of the lighting FEATURES. F. If there is a need to restrict the normal flow of traffic, it shall be done on non -holiday, weekday off-peak hours (9 AM to 3 PM), and the party performing such work shall give notice to the local law enforcement agency within whose jurisdiction such road is located prior to commencing work on the lighting FEATURES. The DEPARTMENT'S Operation Center Public Information Officer (see telephone number in Paragraph (e) shall also be notified. G. The AGENCY shall be responsible to clear all utilities within the improvement limits before construction commences. SECTION NO.: 86010, 86015, 86016 & 86230 PERMIT NO: 2021-C-491-00010 COUNTY: Broward State Road: SR-5, SR-818, SR-848, SR-822 3. MAINTENANCE OF FACILITIES A. The AGENCY agrees to maintain the FEATURES existing and to be installed under Permit No 2021-C-491-00010 along SR5/US-1 Federal Highway from Mile Post (M.P.) 4.200 to 5.920, SR 818 Griffin Road from M.P. 6.877 to 10.700, SR 848 Stirling Road form M.P. 5.440 to 6.700 and SR 822 Sheridan Street from M.P. 3.650 to 4.585. Maintenance by the AGENCY will include inspection, repair, restoration, replacement and general maintenance of the FEATURES including but not limited to, attachments, electrical components, hardware, and all standard and non-standard features of the light poles. 1) The AGENCY agrees to maintain, at its sole cost and expense, the FEATURES in compliance with any and all applicable laws which shall include, but not be limited to, laws and regulations relating to the Americans with Disabilities Act ("ADA") of 1990, as currently enacted or as may be amended from time to time. 2) The FEATURES shall be kept clean and free from trash and debris. The FEATURES shall be kept free of graffiti. The FEATURES shall be free of pests such as stinging insects, rodents, and vermin, including removal of nests as needed. 3) As part of the maintenance responsibility, the AGENCY shall keep in good repair and replace, defective or worn-out parts of the FEATURES. The AGENCY's responsibility to keep the FEATURES in good repair shall include all necessary inspection, maintenance, repair and replacement of any type or nature, including, but not limited to, inspection, maintenance, repair, and replacement due to normal wear and tear, named storm event, acts of God, vandalism, and accidents. The AGENCY shall take all necessary steps to maintain and secure the FEATURES in a manner to protect against public accessibility and injury to any person or property. 4) The AGENCY shall perform all activities necessary to keep the FEATURES fully operating, properly functioning, with a minimum of 90% of the lights burning for any lighting type or roadway system at all times in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage, or acts of nature. Said maintenance shall include, but shall not be limited to, providing electrical power, and paying all charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts, or complete replacement of the FEATURES (including the poles, standard and non-standard features and any and all other component parts installed as part of the FEATURES), and locating (both vertically and horizontally) the FEATURES, as may be necessary. 5) The above -named functions to be performed by the AGENCY may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding, reworking relating to the maintenance obligation / function or AGREEMENT termination. SECTION NO.: 86010, 86015, 86016 & 86230 PERMIT NO: 2021-C-491-00010 COUNTY: Broward State Road: SR-5, SR-818, SR-848, SR-822 6) The AGENCY shall be solely responsible for any damages to surrounding property, real estate, vehicles, pedestrians, or other assets occurring as a result of installation, maintenance and operation of the FEATURES and shall repair such damage to the satisfaction of the DEPARTMENT at no expense to the DEPARTMENT, as per the requirements in Exhibit C (Maintenance Plan Requirements). 7) The AGENCY shall be responsible to maintain the light pole structures and electrical components. The AGENCY shall replace the structure if destroyed in an accident by third parties. The DEPARTMENT expressly assigns its rights, interests and privileges pertaining to said FEATURES damage to the AGENCY, so AGENCY can pursue all claims and causes of actions against the third parties responsible for the damage. The DEPARTMENT will assist the AGENCY as necessary and will confirm AGENCY'S authorization to pursue recovery. The AGENCY will be responsible for all attorneys' fees and costs incurred in its recovery activities. The AGENCY shall not file suit in the name of the DEPARTMENT. B. The AGENCY shall comply with all ADA Laws existing and as may be amended. Adjacent sidewalk areas shall be always accessible. If sidewalk closures are needed, alternate routes shall be clearly identified, and missing sidewalk shall be restored either with permanent or temporary materials at the end of each workday. C. All FEATURES shall at all times have a notification sign posted with the name and phone number of the department within the AGENCY responsible for maintenance of the FEATURES so that members of the public may contact AGENCY regarding problems with the FEATURES. The AGENCY shall promptly respond and correct all complaints regarding maintenance. The FEATURES existing and to be constructed with this project shall not contain advertising. Nor shall advertising be placed upon them by any party in the future. D. The AGENCY shall be responsible for maintenance of the Project in accordance with the following Federally and State accepted standards (current editions at the time of execution of this AGREEMENT and any amendments hereafter) and all costs related thereto: (a) FDOT Design Manual (FDM), (b) Florida Green Book, (c) Standard Specifications for Roadway and Bridge Construction, (d) FDOT Standard Plans, (e) Manual on Uniform Traffic Control Devices (MUTCD), Florida Building Codes (FBC), and National Electrical Code (NEC), and (f) all other applicable local, state, or federal laws, rules, resolutions, or ordinances, and FDOT procedures. In the event of a conflict between documents, standards, and procedures the more stringent shall apply. E. Any work impacting traffic flow along SR5/US-1 Federal Highway from Mile Post (M.P.) 4.200 to 5.920, SR 818 Griffin Road from M.P. 6.877 to 10.700, SR 848 Stirling Road form M.P. 5.440 to 6.700 and SR 822 Sheridan Street from M.P. 3.650 to 4.585 must be coordinated with the DEPARTMENT. Lane closures must be submitted for approval in SECTION NO.: 86010, 86015, 86016 & 86230 PERMIT NO: 2021-C-491-00010 COUNTY: Broward State Road: SR-5, SR-818, SR-848, SR-822 accordance with DEPARTMENT procedures and policies and will meet the goals established in the DEPARTMENT's Open Roads Policy. 4. NOTICE OF MAINTENANCE DEFICIENCIES If, at any time while the terms of this AGREEMENT are in effect, it shall come to the attention of the DEPARTMENT that the AGENCY's responsibility as established herein or a part thereof is not being properly accomplished pursuant to the terms of this AGREEMENT, the DEPARTMENT may issue a written notice, that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, in care of the CITY OF DANIA BEACH CITY MANAGER, to place the AGENCY on notice regarding its maintenance deficiencies. Thereafter, the AGENCY shall have a period of sixty (60) days within which to correct the citied deficiency or deficiencies. In the event, there is a safety deficiency, the notification will be by phone to the CITY OF DANIA BEACH CITY MANAGER, for immediate action. If said deficiencies are not corrected within the time period, the DEPARTMENT may, at its option, proceed under one or more or a combination of the following items: a. The DEPARTMENT may repair any item or a number of items. Corrective actions will be performed with the DEPARTMENT and/or its independent contractor's materials, equipment, and personnel. The actual cost for such work will be charged to the AGENCY. b. The DEPARTMENT may remove or replace any item or number of items with the standard DEPARTMENT item. Corrective actions will be performed with the DEPARTMENT and/or its independent contractor's materials, equipment, and personnel. The actual cost for such work will be charged to the AGENCY. If there is no standard equivalent item or if in the DEPARTMENT's discretion the item is not necessary for the operations of the roadway, the DEPARTMENT may remove the item in its entirety and restore the area to a condition acceptable to the DEPARTMENT. Corrective actions will be performed with the DEPARTMENT and/or its independent contractor's materials, equipment, and personnel. The actual cost for such work will be charged to the AGENCY. At the discretion of the DEPARTMENT, terminate the Agreement in accordance with Section 7 of this Agreement, the DEPARTMENT or its Contractor's personnel may remove FEATURES and restore to previous condition or current DEPARTMENT standard and charge the AGENCY the reasonable cost of such removal and restoration/replacement. The determination of restoration or replacement will be the sole discretion of the DEPARTMENT. 5. CASH DEPOSIT Throughout the term of this Agreement, the AGENCY shall maintain with the DEPARTMENT a Cash Deposit in the amount of Seventy Thousand dollars and Zero cents ($70,000.00), to secure any obligations of the AGENCY under this Agreement, including, but not limited to, costs of construction, operation maintenance, repair, relocation, adjustment, or removal of the features. Interest earnings on the Cash Deposit SECTION NO.: 86010, 86015, 86016 & 86230 PERMIT NO: 2021-C-491-00010 COUNTY: Broward State Road: SR-5, SR-818, SR-848, SR-822 shall accrue to the DEPARTMENT. In the event that AGENCY fails to comply with the terms and conditions of this Agreement, the DEPARTMENT may recover such sums from the AGENCY as are necessary in order to cure the breach, by applying the Cash Deposit. The Cash Deposit shall be held in perpetuity and will not be released until FEATURES have been removed and the light poles restored or replaced to a condition acceptable to the sole discretion of the DEPARTMENT. 6. FUTURE DEPARTMENT IMPROVEMENTS It is understood between the parties hereto that the FEATURES covered by this Agreement may be removed, relocated, or adjusted at any time in the future as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered, or otherwise changed to meet with future criteria or planning of the DEPARTMENT. 7. FUTURE AGENCY FEATURES The AGENCY may construct/install additional FEATURES within the limits of the rights of ways identified as a result of this document, subject to the following conditions: 1) Plans for any new FEATURES shall be subject to approval by the DEPARTMENT. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. 2) The AGENCY shall procure a permit and/or Construction Agreement from the DEPARTMENT, as appropriate, for all FEATURES including but not limited to holiday decorations/lighting. 3) All FEATURES shall be developed and implemented in accordance with appropriate state safety and roadway design standards. 4) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional FEATURES installed at no cost to the DEPARTMENT. 8.AGREEMENT TERMINATION Upon termination of this agreement, at the expense of the AGENCY, the AGENCY shall restore the lighting system to the condition prior to Permit # 2021-C-491-00010 and/or replace light poles with new DEPARTMENT standard light poles if restoration is not to the DEPARTMENT satisfaction. The determination of restoration or replacement will be the sole discretion of the DEPARTMENT. This Agreement may be terminated under anyone (1) of the following conditions: 1) By the DEPARTMENT, if the AGENCY fails to perform its duties under this Agreement, following ten (10) days written notice. The AGENCY shall reimburse the DEPARTMENT for any expenditures associated with the installation of said SECTION NO.: 86010, 86015, 86016 & 86230 PERMIT NO: 2021-C491-00010 COUNTY: Broward State Road: SR-5, SR-818, SR-848, SR-822 FEATURES, the cost to restore the lighting system to the condition prior to Permit # 2021 -C-491 -00010. If restoration is not to the DEPARTMENT satisfaction in its sole discretion, the AGENCY shall replace light poles with new DEPARTMENT standard light poles. 2) By the DEPARTMENT, for refusal by the AGENCY 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 AGENCY in conjunction with this Agreement. 3) By the DEPARTMENT with a six (6) month written notice. 9. AGREEMENT TERM The term of this Agreement commences upon execution by all parties. The term of this Agreement shall remain in effect for as long as the FEATURES shall exist. 10. LIABILITY AND INSURANCE REQUIREMENTS A. With respect to any of the AGENCY'S agents, consultants, sub -consultants, contractors, and/or sub -contractors, such party in any contract for the FEATURES shall agree to indemnify, defend, save and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission or commission of such agents, consultants, sub consultants, contractors and/or subcontractors. The AGENCY shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. B. In the event that AGENCY contracts with a third party to provide the services set forth herein, any contract with such third party shall include the following provisions: 1) AGENCY'S contractor shall at all times during the term of this Agreement keep and maintain in full force and effect, at contractor's sole cost and expense, Comprehensive General Liability with minimum limits of $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability and Worker's Compensation insurance with minimum limits of $500,000.00 per Liability. Coverage must be afforded on a form no more restrictive that the latest edition of the Comprehensive General Liability and Worker's Compensation policy without restrictive endorsements, SECTION NO.: 86010, 86015, 86016 & 86230 PERMIT NO: 2021-C-491-00010 COUNTY: Broward State Road: SR-5, SR-818, SR-848, SR-822 as filed by the Insurance Services Office and shall name the DEPARTMENT as an additional insured. 2) AGENCY'S contractor shall furnish AGENCY with Certificates of Insurance of Endorsements evidencing the insurance coverages specified herein prior to the beginning performance of work under this Agreement. 3) Coverage is not to cease and is to remain in full force and effect (subject to cancellation notice) until all performance required of AGENCY'S contractor is completed. All policies must be endorsed to provide the DEPARTMENT with at least thirty (30) days' notice of cancellation and or/or restriction. If any of the insurance coverages will expire prior to the completion of work, copies of renewal policies shall be furnished at least (30) days prior to the date of expiration. 10. E-VERIFY REQUIREMENTS The AGENCY shall: 1) Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the AGENCY for the work performed under this AGREEMENT; and 2) Expressly require any contractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 11. ENTIRE AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto and there are no other Agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby except the Construction Agreement 2021-C-491-00010 and State Highway Lighting Maintenance and Compensation Agreement(s) signed between the parties, as amended, as to all other FEATURES not specifically mentioned in this Agreement. The streetlights installed under this project will be compensated as streetlights under the State Highway Lighting Maintenance and Compensation Agreement. If the DEPARTMENT and AGENCY fail to agree on the annual lump sum amount to be paid under the State Highway Lighting Maintenance and Compensation Agreement or the AGENCY does not execute the State Highway Lighting Maintenance and Compensation Agreement(s) signed between the parties, this Agreement shall supersede that Agreement and the AGENCY agrees to maintain the FEATURES and pay all utility costs solely under this Agreement or at the expense of the AGENCY, the AGENCY shall restore the lighting system to the condition prior to Permit # 2021-C-491-00010 and/or replace light poles with new DEPARTMENT standard light poles if restoration is not to the DEPARTMENT satisfaction. SECTION NO.: 86010, 86015, 86016 & 86230 PERMIT NO: 2021-C491-00010 COUNTY: Broward State Road: SR-5, SR-818, SR-848, SR-822 12. EXPENDITURE OF MONEY The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY- FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. iBle01 *11'k1*1 The DEPARTMENT'S District Secretary shall decide all questions, difficulties, and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. 14. ASSIGNMENT This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 15. LAWS GOVERNING This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The venue for any dispute arising from this Agreement shall be in Broward County, Florida. 16. NOTICES Any and all notices given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent to the following addresses. If to the DEPARTMENT: SECTION NO.: 86010, 86015, 86016 & 86230 PERMIT NO: 2021-C-491-00010 COUNTY: Broward State Road: SR-5, SR-818, SR-848, SR-822 State of Florida Department of Transportation Attention: District Maintenance Engineer 3400 West Commercial Blvd Ft. Lauderdale, FL 33309-3421 If to the AGENCY: The City of Dania Beach Attention: Dincer Ozaydin, Public Services Director 1201 Stirling Road Dania Beach, FL 33004 17. LIST OF EXHIBITS Exhibit A: Project Location, Description and Project Aerial Exhibit B: Plans Exhibit C: Maintenance Plan Requirements 10 SECTION NO.: 86010, 86015, 86016 & 86230 PERMIT NO: 2021-C491-00010 COUNTY: Broward State Road: SR-5, SR-818, SR-848, SR-822 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. AGENCY City of Dania Beach, a municipal Corporation of the State of Florida By: Date: Ana M. Garcia, City Manager ATTEST: Tom Schneider, City Clerk Approved as to form Tom Ansbro, City Attorney Date: Date 11 SECTION NO.: 86010, 86015, 86016 & 86230 PERMIT NO: 2021-C-491-00010 COUNTY: Broward State Road: SR-5, SR-818, SR-848, SR-822 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Sign: Paul A. Lampley, P. E., Director of Operations Date: Approval as to Form: Sign: Dawn Raduano, District General Counsel Date: 12 SECTION NO.: 86010, 86015, 86016 & 86230 PERMIT NO: 2021-C-491-00010 COUNTY: Broward State Road: SR-5, SR-818, SR-848, SR-822 EXHIBIT A PROJECT LOCATION, DESCRIPTION AND AERIAL Project Location The FEATURES associated with this Agreement are located within the City of Dania Beach in Broward County, Florida along SR5/US-1 Federal Highway from Mile Post (M.P.) 4.200 to 5.920, SR 818 Griffin Road from M.P. 6.877 to 10.700, SR 848 Stirling Road form M.P. 5.440 to 6.700 and SR 822 Sheridan Street from M.P. 3.650 to 4.585. Description The proposed project consists of new installation of transformers, Ground Fault Circuit Interrupter (GFCI) receptacles, and associate peripherals on existing Florida Department of Transportation (FDOT) aluminum and concrete light poles. III. Aerial 13 SECTION NO.: 86010, 86015, 86016 & 86230 PERMIT NO: 2021-C491-00010 COUNTY: Broward State Road: SR-5, SR-818, SR-848, SR-822 EXHIBIT B PLANS Plans by Jorge R. Cervantes, PE, Calvin, Giordano & Associates, Inc. dated August 30, 2021 as approved by the Department. PLANS (attached) Sheets Included: PDF Page Number (#) Plan Sheet (#) Sheet(s) Description 15 GO COVER SHEET 16 G1 SIGNATURE SHEET 17 E1 ELECTRICAL NOTES 18 E2 FEDERAL HWY LIGHT POLE LOCATIONS 19 E3 SHERIDAN ST LIGHT POLE LOCATIONS 20 E4 STIRLING RD LIGHT POLE LOCATIONS 21 E5 GRIFFIN RD LIGHT POLE LOCATIONS 22 E6 GRIFFIN RD LIGHT POLE LOCATIONS [The remainder of this page intentionally left blank.] 14 CITY HOLIDAY LIGHTING PROJECT C) PHASE I0 Sheet List Table Sheet Number Sheet Title GO COVER SHEET G1 SIGNATURE SHEET E1 ELECTRICAL NOTES E2 FEDERAL HWY LIGHT POLE LOCATIONS E3 SHERIDAN ST LIGHT POLE LOCATION E4 STIRLING RD LIGHT POLE LOCATIONS E5 GRIFFIN RD LIGHT POLE LOCATIONS E6 GRIFFIN RD LIGHT POLE LOCATIONS DANIA BEACH, FLORIDA N WE s LOCATION MAP - wadlwlll� Calvin, Giordano & Associates, Inc. EXCEPTIONAL SOLUTIONS'" 1800 Eller Drive, Suite 600, Fort Lauderdale, Florida 33316 Phone: 954.921.7781 • Fax: 954.921.8807 Certificate of Authorization 514 15 CITY OFFICIALS MAYOR: TAMARAJAMES VICE -MAYOR: MARCO SALVINO, SR COMMISSIONERS: JOYCE L. DAVIS LORI LEWELLEN LAUREN ODMAN CITY MANAGER: ANA M. GARCIA NOTES: 1. R6Po14SIRRTtt FOR THE USE OF TI-ESE PIANS FOR � PURPOSE PRIOR TO SECURING PERMITS FROM ALL AGENCIES HANNG DIC JURISTION OVERTHIS PROJECT WILL FALL SOLELY UPON THE USER. FOR PERMITTING T. CURRENT REV No.: — -— Jorge R Digitally signed by Jorge R Cervantes:AO1 4 1Cewantes:AO141000OOD 0000000177 D F 1 0177DF 13 A2 F600015420 Date: 2021.09.21 3A2F600015420 13:04:08-04'00' \DCA JORGE R. CERVANTES, STATE OF FLORIDA, \; �SGENSF Nf �% PROFESSIONAL ENGINEER, LICENSE NO. 45832. NO. 45832 c THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY JORGE R. CERVANTES, P.E. ON THE DATE INDICATED HERE. .p STATE OF _ 13 PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE �C)��. 0R1OP'\��:� SIGNATURE MUST BE VERIFIED ON ANY sS�ONAI ELECTRONIC COPIES. �� CALVIN, GIORDANO AND ASSOCIATES, INC. 1800 ELLER DRIVE, SUITE 600 FORT LAUDERDALE, FLORIDA 33316 954-921-7781 THE ABOVE NAMED PROFESSIONAL ENGINEER SHALL BE RESPONSIBLE FOR THE FOLLOWING SHEETS IN ACCORDANCE WITH THE RULE 61G15-23.004, F.A.C. ELECTRIC PLANS Sheet Llet Table Sheet Number Sheet Title GO COVER SHEET G7 SIGNATURE SHEET E1 ELECTRICAL NOTES E2 FEDERAL HWY LIGHT POLE LOCATIONS E3 SHERIDAN ST LIGHT POLE LOCATION E4 STIRLING RD LIGHT POLE LOCATIONS E6 GRIFFIN RD LIGHT POLE LOCATIONS E6 GRIFFIN RD LIGHT POLE LOCATIONS W...Ewm- CITY HOLILIGHTING PROJECT -- "� PNAbEI SIGNATURE SHEET G1 a.hsDx _ x No C ( f A` M, 514 DANIA BEACH, FLORIDA 16 1 - CRENL FFd10EMLNR ME AN] S11PPLL1pITAAY Cg MONO OF TNSE sPfCIACOlONS swL ff A PART OF THIS SECTOR. 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P3 Jn 11 FEDERAM,:' � V f+ �iA.. fP I P.F. ., g �} '"1 d ., IN 11 i[7r 1. COMIRACTOR SHALL REFER TO FDOT STANDARD PLANS (FY 2D21-22) MOT STANDARD PLAN INDEX 102-601 (TWO -LADLE AND MULTILANE ROADWAY WORK BEYOND THE SHOULDER), 102-602 LANE AND MULTILANE WORK ON SNOULDEt). 102-613 MULRUNE ROADWAY LANE CLOSURES), 102-615 (MULTILANE ROADWAY, NIERSECTION WORK), 102-661 (BICYCLE LANE CLOSURES) AND 102-660 (SIDEWAII( CLOSURE), WHERE APPLICABLE. PLAN NOTES LEGEND: OI Dmm FDOT CONCRETE POLE WITH STEP-DOWN TRANSFORMER AND GFCI RECEPTACLE. O IXisnNIG EDGE ALUMINUM POLE WITH GFCI RECEPTACLE O3 EXISTING FDOT ALUMINUM POLE. PROVIDE AND (STALL NEW 15OW TRANSFORMER AND GFCI RECEPTACLE SEE FDOT ALUMINUM POLE RECEPTACLE DETAIL ® D35PNG FOOT SIRFERIGHT TO REMIN AS IS. O Df6'IING FOOT CONCRETE POLE PROVIDE AND INSTALL NEW 15DW TRANSFORMER AND GFCI RECEPTACLE. SEE FDOT CONCRETE POLE RECEPTACLE DETAIL EAC� LYTt ' 7 r k422 �1 M`W 1 Al I1 249 S —. P zp a WA 21icS FEDL� �� f �`wA�2o-'�E'a TgcR, Q41t1 -41 LAME, 2 PP y 'L'1♦ 6 — y� ' 1 WQI.'S FED 4kb �. $ESTlST FEDERAL Af j,ST.dA(, .P3GWamwW ® SSW12Tt wA 4 FED6R�" wr 1 T� P40 w P41 s' It`tH'F I OMPHIC SCALE t N FEET ) = 300' '*zN' 1'1.,fi >fi SHERID �r� A FORPERMETTNG L hin, GiordwoBAssoClaT I ­ CITY HOLIDAY LIGHTING PROJECT 1111111NI FEDERAL HWY LIGHT POLE ET LOCATIONS ail aPfiON Ce finar of NRNnnz an 514 OANIA REACH, FLORIDA WY1� l8 19 1210 STRUNG ai 11 700 STIRLING STRUNG GRAPHIC SCALE U 75 150 hM—.� (11N FEET - 'w, A w ol , Z�kf 4) 1 PLAN NOTES LEGEND. IED Pi (D EXISTING FOOT CONCRETE POLE WITH STEP-DOWN TRANSFORMER P5 AND CFCI RECEPTACLE. (D EXISTING FOOT ALUMINUM POLE WITH GFCI RECEPTACLE Z. 8 P7 Twl EXSTNG FOOT ALUMINUM POLE. PRUAX AND INSTALL NEW 15OW STIRLIN G F�D. TRANSFORMER AND GFCI RECEPTACLE. SEE FOOT ALUMINUM POLE Pol RECEPTACLE DETAIL DUSTING FOOT STREETUGHT TO RETAIN AS & JAC j R COSTING FDOT CONCRETE POLL PROVIDE AND INSTALL NEW 150W TRANSFORMER ANDECEPTACLE DETAIL GFCI RECEPTACLE SEE TOOT CONCRETE POLE NOTE. 1. CONTRACTOR SFAII REFER TO FOOT STANDARD PLANS (FY 2021-22) MOT STANDARD PLAN INDEX 102-01 (TWD-I-ANE AND MULO E ROADWAY WORK BEYOND THE - 102 02 (TWO LANE AND MULTILANE WORK ON SHOULDER),S"E2-613 (MULTILANE RQ%D%AY LANE CLOSURES). 102-615 (MULTILANE ROADWAY. INTERSECTION WORK). ID2-661 (BICYCLE LANE CLOSURES) AND 102-660 (SIDEWAL( CLOSURE), WHERE APPECABLE. It FOR PERmn-FINIG L A-dat", Lm. CITY HOLIDAY LIGHTING PROJECT 110EPTIONAL SOLUTIONS- =ll14zllll'--'ll=':=-- I'll, PIFLASE STIRLING RD LIGHT POLE LOCATIONS DAMM, BEACH, ILORIM 20 s ~P26 P27 Jim ll . GRIFFIN RD. P29 P30 ,� l P31 NOTE 1. CONTRACTOR SHALL REFER TO FOOT STANDARD PUNS (FY 2021-22) NOT STANDARD PUN INDEX 102-601 (TWO-LANE AND MULTILANE ROADWAY WORK BEYOND THE SHOULDER), 102-602 (TWO LANE AND MULTILANE WORK ON SHOULDER), 102-613 (MULTILAROADWAY LANE ROOADWAAYN, EINFERSECTIONN WORK), 1022-)66102-615 (BICYCLEMULfl LANE NE CLOSURES) AND 102-660 (SIDEWALK CLOSURE), WHERE APPLICABLE GRAPHIC SCALE �D ( IN FEET I 1' = 300, OR(FFIN RD. P4R-iTV'� P48 P49 P50 P. .a P91 Q5I PI4. .'t „ PIAN NOTES LEGEND: O EXISTING FOOT CONCRETE POLE WITH STEP-DOWN TRANSFORMER AND CFCI RECEPTACLE. O2 EXISTING FOOT AWMINUM POLL WITH GFCI RECEPTACLE O3 EXISTING MOT ALUMINUM POLE. PROMDE AND INSTALL NEW 15OW TRANSFORMER AND GFCI RECEPTACLE. SEE MOT ALUMINUM POLE RECEPTACLE DETAIL ® EXISTING FDGT STREETLIGHT TO REMIN AS IS. 0 EXISTING FOOT CONCRETE POLE PROMDE AND INSTALL NEW 15DW TRANSFORMER AND GFCI RECEPTACLE. SEE MOT CONCRETE POLE RECEPTACLE DETAIL Z r-0RPBRNTNG CITY HOLIDAY LIGHTING PROJECT ----— PHASE I GRIFFIN RD LIGHT POLE LOCATIONSIAI 514 BAN W BEACH, FLORIOA r 21 Vu CIE" GRIFR[tRIF. r. a Ae,P" $ r x . - 1 �. x _ - :: st x,;`" - x 7d` P71 - -6 P57 P58. P59 P60 , P61 •, .P „ P63 P64„ P5-`65,=.'-' ..P W�. {fig• � 72�P774 5 I > P9 p P ' 3 2c2D _ >r o 2070 s gyp„ Y, El . + Mrs" , _., r c _ wil P < e A - " a _ - 1 P&5 M N :✓ w.1s+am.�....:. r i I ,.. P8.3 i P82'P77—'—P78 P�80 P81 jjpS^'A•14 SfiRN1R4 ENMI Y?I t Z GRAPHIC m.,,9 p7r,150 wo 8 ^t ( 1825 GRIFFIN t ,a 1 ! } k t. ". ,1 �<r L,, 3a ^' � ', 1. �, o TESLEGEND: O DOSING FDOT CONCRETE POLL WITH STEP-DOWN TRWSFMER AND GFCI RECEPTACLE DOSING FDOT ALUMINUM PoLE WITH GFCI RECEPTACLE 1 EASING'.{'" t O TRANSFORMER AIDMINUM GFCI RECEPTACLE. SEE MOT ALUMINUM POLE RECEPTACLE DETAIL DOSING FOOT giianarT TO REMIN AS IS. >�' r , -.:o E #r�, . •.�. p O DOSING FOOT CONCRETE POLE PROWDE AND INSTALL NEW I5OW w3 - N` • v TRANSFORMER ND GFCI RECEPTACLE SEE FDOT CONCRETE PONE 0 =I-•+P3` t07`r RECEPTACLE DEAL. RIFFINR .. P P91 NOTE: 4�0 1. CONONCTgt SHALL REFER TOFDOT STANDARD PLANS (FY 7� 2021-22 MOT STANDARD PLAN INDEX 102-601 0-LANE AND MULTILANE ROADWAY WORK BEYOND THE SHOULDER), 102-802 Au,k1 , R $ I u 6A r LANE AND MULTILANE WORK ON SHOULDER), 102-613 ,.. , ' , MULTILANE ROADWAY LANE CLOSURE), 102-615 (MULTILANE r • 4 ,.yS .+ I A y 'A x.. ROADWAY, WTERSE'CTION W ( ), 102 fi61 (BICYCLE LANE , yy CLOSURE AND 102-660 (SIDEWALK CLOSUR WHERE t, APPUW d 2. POLE 73-75 ARE ON I-95 E ETEDIRrAL SYSTEM E FOR PERhTr NG �GNm, Qorda B&F IaleF,Lv. CITY HOLIDAY LIGHTING PROJECT ,u,>aXo.......m.�.a ..Eam. �. E ox�Ak s-,uTloNs• RIFFIN RD LIGHT POLE LOCATIONS „m=,,.,,,o,,,, E6' PHASE I G [ r mt . xFUTIiw [enifir� a �Nrthnr is im 514 DANK -CH, FLORIDA 22 SECTION NO.: 86010, 86015, 86016 & 86230 PERMIT NO: 2021-C491-00010 COUNTY: Broward State Road: SR-5, SR-818, SR-848, SR-822 EXHIBIT C MAINTENANCE PLAN REQUIREMENTS In reference to Maintenance to be performed under this Agreement, the AGENCY shall submit to the DEPARTMENT a maintenance plan detailing the means and methods for accomplishing any maintenance or repairs to the FEATURES in accordance with all DEPARTMENT Standards, Procedures and Specifications. This plan shall be submitted and approved by the DEPARTMENT prior to commencing any maintenance or repair activities. The AGENCY shall comply with the DEPARTMENT's applicable Maintenance Rating Program Standards. The plan should at minimum detail how the AGENCY will address the following: Providing for continuous traffic control and necessary traffic control devices as required for the safe movement of traffic of vehicular and pedestrian traffic past the location of the structure being repaired for the duration of the repair in accordance with DEPARTMENT Standards, Procedures and Specifications. 2. Protection of adjacent surrounding property, real estate, vehicles, pedestrians, attachments to the light poles, or other assets during the preparation and recoating of surfaces. 3. Containment of debris or materials used in or resulting from the repair After the maintenance plan is approved, the AGENCY shall submit a work plan to the DEPARTMENT for approval prior to each repair to be performed detailing: 1. The proposed date of the repair 2. The location of the repair 3. The nature of the repair 4. The materials to be used for the repair 23