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HomeMy WebLinkAboutR-2019-073 City Authorizing to Execute Two Community Aesthetic Feature Agreements (CAFA) in Substantially the Same Form as Attached as Exhibits ''A'' and ''B'' w/ State's FDOT Pending Legal Review RESOLUTION NO. 2019-073 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE TWO COMMUNITY AESTHETIC FEATURE AGREEMENTS (CAFA) IN SUBSTANTIALLY THE SAME FORM AS ATTACHED AS EXHIBITS"A"AND"B"WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) PENDING LEGAL REVIEW BETWEEN FDOT AND THE CITY OF DANIA BEACH FOR THE SIGNS AND PUBLIC ART THAT ARE LOCATED IN AN FDOT RIGHT-OF-WAY WITHIN THE JURISDICTIONAL BOUNDARIES OF THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 11, 2018, the City Commission entered into an agreement with Don Bell Signs, a Florida Limited Liability Company, for the fabrication and installation of signs related to the City's Rebranding Initiative; and WHEREAS, on May 28, 2019, the City Commission authorized an entranceway signage project under the Rebranding Initiative to be managed by the Dania Beach Community Redevelopment Agency(the "CRA"); and WHEREAS,on October 9,2018,the CRA Board authorized a signal box public art project as recommended by the City's Creative Arts Council Advisory Board; and WHEREAS,the signal box public art project and some of the planned entranceway signs are to be located within Florida Department of Transportation ("FDOT") rights-of-way and FDOT requires the City to enter into two separate Community Aesthetic Feature Agreements(CAFA);and WHEREAS,as part of the approval process,FDOT requires the City to adopt a Resolution stating that the City Commission of the City of Dania Beach approves the project and agrees to fund all costs for the design, installation and maintenance of the project; and WHEREAS, the City Commission deems it to be in the best interest of the citizens and residents of the City of Dania Beach to approve the projects and authorize the proper City officials to execute two separate Community Aesthetic Feature Agreements (CAFA) following legal review, allowing the City to install the signal box public art and entranceway signs within FDOT rights-of- way; and WHEREAS, a copy of each CAFA agreement is attached as Exhibits "A" and "B", respectively, and made a part of and incorporated into this Resolution by this reference; 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 City Commission approves the two Community Aesthetic Feature Agreements(CAFA)between the City of Dania Beach and the Florida Department of Transportation (FDOT) following legal review and authorizes the proper City officials to execute each CAFA agreement between the City of Dania Beach and FDOT following legal review, which agreements are attached as Exhibits"A"and`B"and made a part of and incorporated into this Resolution by this reference. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon passage and adoption. PASSED AND ADOPTED on July 30, 2019. ATTEST: THOMAS SCHNEIDER, CMC �'� �0� LORI EWELLEN CITY CLERK g8l/SHE� MAYOR APPROVED AS TO FORM AND CORRECTNESS a,( , \,N�� THOMAS ANSB 61 CITY ATTORNEY 2 RESOLUTION#2019-073 625-010-10 ROADWAY DESIGN OGC-08117 Page 1 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMMUNITY AESTHETIC FEATURE AGREEMENT State Road/Local Road 818, 822, 5 &A1A Section No. Various CAFA No. 2019-M-491-00006 This Community Aesthetic Feature Agreement("Agreement") is entered into this day of between the State of Florida, Department of Transportation ("Department") and City of Dania Beach ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a"Party" and collectively as the"Parties." RECITALS A. The Agency has requested permission from the Department to install a [CHOOSE ONE: ❑Public Art,®Local Identification Marker] community aesthetic feature on that certain right-of-way owned by the Department which is located on State Road/Local Road SR 818 (Griffin Road), SR 822 (Sheridan Street), SR 5 (N. Federal Highway) &A1A(E. Dania Beach Boulevard) in Broward County, Florida ("Project"). B. The Department agrees that transportation facilities enhanced by community aesthetic features can benefit the public, result in positive economic development, and increase tourism both locally and throughout Florida. C. The Parties agree to the installation and maintenance of the Project, subject to the terms and conditions in this Agreement. AGREEMENT 1. ,TERM. The term of this Agreement shall commence upon full execution of this Agreement("Effective Date") and continue through the 25th anniversary of this agreement, which is determined as the lifespan of the Project, unless terminated at an earlier date as provided in this Agreement. If the Agency does not complete the installation of the Project within one(1)Year;(365)days of the Effective Date of this Agreement,the Department may immediatelyterminate this Agreement.This Agreement may only be renewed for a term no longer than the original term of this Agreement upon a writing executed by both Parties to this Agreement. 2. PROJECT DESCRIPTION. The Project is a [CHOOSE ONE:❑Public Art, ®Local Identification Marker], as more fully described in the plans in Exhibit"A", attached and incorporated in thisAgreement. 3. FUNDING OF THE PROJECT. The Agency has agreed by resolution to approve the Project and to fund all costs for the design, installation, and maintenance of the Project, and such resolution is attached and incorporated in this Agreement as Exhibit"D The Department shall not be responsible for any costs associated with the Project. All improvements funded, constructed, and installed by the Agency shall remain the Agency's property. However, this permissive use of the Department's right-of-way where the Project is located does not vest any property right, title, or interest in or to the Agency for the Department's right-of-way. 4. DESIGN AND CONSTRUCTION STANDARDS AND REQUIRED APPROVALS. a. The Agency is responsible for the design, construction, and maintenance of the Project in accordance with all applicable federal, state and local statutes, rules and regulations, including the Department standards and specifications.A professional engineer, registered in Florida, shall provide the certification that all design and construction for the Project meets the minimum construction standards established by the Department and applicable Florida Building Code construction standards. The Agency shall submit all plans or related construction documents, cost estimates, project schedule, and applicable third party agreements to the Department for review and approval prior to installation of the Project. The Agency is responsible for the preparation of all design plans for the Project, suitable for reproduction on 11 inch by 17 inch sheets, together with a complete set of specifications covering all construction requirements for the Project. A copy of the design plans shall be provided to the Department's District Design Engineer, located at 3400 West Commercial Blvd, Ft Lauderdale, FL 33309. The Department will review the plans for conformance to the Department's requirements and feasibility. The Department review shall not be considered an adoption of the plans nor a substitution for the engineer's responsibility for the plans. By review of the plans, the Department signifies only that suchplans and improvements satisfies the Department's requirements, and the Department expressly disclaims all other 625-010-10 ROADWAY DESIGN OGC-08117 Page 2 of 12 representations and warranties in connection with the plans, including, but not limited to the integrity, suitability, or fitness for the intended purpose or whether the improvements are constructed in accordance with the plans. The Department's review of the plans does not relieve the Agency, its consultants or contractors of any professional or other liability for the plans. All changes required by the Department shall be made by the Agency and final corrected plans shall be provided to the Department within thirty(30)days. b. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. Section 337.403, Florida Statutes, shall determine whether the utility bears the costs of utility work. The Agency shall bear the costs of utility work not required to be borne by the utility by Section 337.403, Florida Statutes. c. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic ("MOT")throughout the course of the Project in accordance with the latest edition of FDOT Standard Specifications, Section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of FDOT Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from FDOT Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. d. The Agency is responsible for obtaining all permits that may be required by any federal, state, or local agency. e. Prior to commencing the Project, the Agency shall request a Notice to Proceed from the Department's Construction Project Manager, Otto Elmer(otto.elmer(cDferrovialservices.com), at(954) 987-9558 or from an appointed designee. f. The Agency is authorized, subject to the conditions in this Agreement, to enter Department's right-of-way to install the Project (see attached Exhibit"B" Special Provisions). The Parties agree that this Agreement creates a permissive use only. Neither the granting of permission to use Department's right-of-way nor the placing of facilities upon Department's right-of-way shall operate to create or vest any property right in or to the Agency. The Agency shall not acquire any right, title, interest, or estate in the Department's right-of-way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency's use, occupancy or possession of the Department's right-of-way. g. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction and throughout the maintenance term of the Project. If the Department determines that a condition exists which threatens the public's safety, the Department may, at its discretion, cause the Project to cease and/or immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. Should the Agency fail to remove the safety hazard within thirty (30) days, the Department may remove the safety hazard at the Agency's sole cost, expense, and effort. h. The Agency shall be responsible to ensure that construction of the Project is performed in accordance with the approved construction documents, and that it will meet all applicable federal, state,and local standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit"C". i. The Agency shall notify the Department a minimum of forty eight(48) hours before beginning the Project within the Department's right-of-way. The Agency shall notify the Department should installation be suspended for more than five (5) working days. j. Upon completion of the Project, the Agency shall notify the Department in writing of the completion of the installation of the Project. For all design work that originally required certification by a Professional Engineer, the notification shall contain a Responsible Professional's Certification of Compliance,signed and sealed by the responsible professional for the project, the form of which is attached to this Agreement as Exhibit"E". The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. The Agency and its contractors shall remove their presence, including, but not limited to, all of the Agency or its contractor's/ subcontractor's/consultant's/subconsultant's property, machinery, and equipment from the Department's right-of-way and shall restore those portions of the Department's right-of-way disturbed or otherwise altered 625-010-10 ROADWAY DESIGN OGC-08/17 Page 3 of 12 by the Project to substantially the same condition that existed immediately prior to the commencement of the Project, at Agency's sole cost and expense. k. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification to the Agency. The Agency shall have thirty(30) days from the date of receipt of the Department's written notice to complete the Project and provide the Department with written notice of the same("Notice of Completion"). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department may: 1) provide the Agency with written authorization granting additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency's sole cost and expense, without Department liability to the Agency for any resulting loss or damage to property, including but not limited to machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. I. Upon completion of the Project, the Agency shall be responsible for the perpetual maintenance of the Project, including all costs. The maintenance schedule shall include initial defect, instantaneous damage and deterioration components. The initial defect maintenance inspection should be conducted, and any required repairs performed during the construction phase. The instantaneous damage maintenance inspection should be conducted sixty (60)to ninety (90) days after placement and is intended to identity short term damage that does not develop over longer time periods. The deterioration maintenance inspection shall be conducted on regular, longer term intervals and is intended to identify defects and damages that occur by naturally occurring chemical, physical or biological actions, repeated actions such as those causing fatigues, normal or severe environmental influences, abuse or damage due to other causes. Deterioration maintenance shall include, but is not limited to, the following services: Inspect all sign surfaces every six(6) months for excessive deterioration, Inspect Structural Components yearly: Inspect Sign Lighting every six(6) months; Conduct Vegetation Control quarterly: maintenance and routine repair of structural features of the aluminum cabinets, affixed letters, and all mechanical and electrical systems including, but not limited to, periodic touchup of all steel and aluminum surfaces, replacement of damaged or missing cast stone travertine cladding and/or aluminum and steel members, graffiti removal, pressure washing and electrical/mechanical periodic inspections and repairs. m.The Agency shall, within thirty(30) days after expiration or termination of this Agreement, remove the Project and restore the fight-of-way to its original condition prior to the Project. The Agency shall secure its obligation to remove the Project and restore the right-of-way by providing a removal and restoration deposit, letter of credit, or performance bond in the amount of$ 2,400.00 The removal and restoration deposit, letter of credit, or bond shall be maintained by the Agency at all times during the term of this Agreement and evidence of the deposit, letter of credit, or bond shall be submitted to the Department on an annual basis.A waiver of the deposit, letter of credit, or bond requirement is permitted with approval from the District Maintenance Engineer for those installations with estimated restoration/removal costs less than or equal to $2000.00. District Maintenance Engineer, Date: n. The Department reserves its right to cause the Agency to relocate or remove the Project, in the Department's sole discretion, and at the Agency's sole cost. 5. INDEMNITY AND INSURANCE. a. The Agency agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, and subconsultants, who perform work in connection with thisAgreement: "The contractor/subcontractor/consultant/subconsultant shall indemnify, defend, save and hold harmless the State of Florida, Department of Transportation and all of its officers, agents oremployees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of,or due to any negligent 625-010-10 ROADWAY DESIGN OGC-08/17 Page 4 of 12 act or occurrence of omission or commission of the contractor/subcontractor/consultant/subconsultant, its officers, agents oremployees." b. The Agency shall carry or cause its contractor/subcontractor/consultant/subconsultant to carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least$1,000,000 per person and $5,000,000 each occurrence, and property damage insurance of at least$100,000 each occurrence, for the services to be rendered in accordance with this Agreement.Additionally, the Agency or its contractor/subcontractor/consultant/subconsultant shall cause the Department to be an additional insured party on the policy or policies, and shall provide the Department with certificates documenting that the required insurance coverage is in place and effective. In addition to any other forms of insurance or bonds required under the terms of the Agreement, when it includes construction within the limits of a railroad right-of-way, the Agency must provide or cause its contractor to obtain the appropriate rail permits and provide insurance coverage in accordance with Section 7-13 of the Department's current Standard Specifications for Road and Bridge Construction, as amended. c. The Agency shall also carry or cause its contractor/subcontractor/consultant/subconsultant to carry and keep in force Worker's Compensation insurance as required by the State of Florida under the Worker's Compensation Law. 6. NOTICES.All notices pertaining to this Agreement are in effect upon receipt by either Party, shall be in writing, and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; or, overnight express mail delivery. E-mail and facsimile may be used if the notice is also transmitted by one of the preceding forms of delivery. The addresses set forth below for the respective parties shall be the places where notices shall be sent, unless prior written notice of change of address is given. STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION DISTRICT FOUR (4) PROGRAM MANAGER District Maintenance Engineer 3400 W. Commercial Blvd., Fort Lauderdale,FL 33309 Phone: 954-486-1400 Fax: 954-777-4223 City of Dania Beach FLORIDA 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Phone: 954-924-6800 (x 3635) Fax: 7. TERMINATION OF AGREEMENT. The Department may terminate this Agreement upon no less than thirty (30) days notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery. The Agency waives any equitable claims or defenses in connection with termination of the Agreement by the Department pursuant to this Paragraph 7. 8. LEGAL REQUIREMENTS. a. This Agreement is executed and entered into in the State of Florida and will be construed, performed, and enforced in all respects in strict conformity with local, state, and federal laws, rules, and regulations. Any and all litigation arising under this Agreement shall be brought in a state court of appropriate jurisdiction in Leon County, Florida, applying Florida law. 625-010-10 ROADWAY DESIGN OGC-08/17 Page 5 of 12 b. If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the Agreement will remain in full force and effect and such term or provision will be deemed stricken. c. The Agency shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Agency in conjunction with this Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. d. The Agency and the Department agree that the Agency, its employees, contractors,subcontractors, consultants, and subconsultants are not agents of the Department as a result of thisAgreement. e. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department's right-of- way. 9. PUBLIC ENTITY CRIME. The Agency affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. The Agency agrees that it shall not violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of thisAgreement. 10. UNAUTHORIZED ALIENS, The Department will consider the employment of unauthorized aliens, by any contractor or subcontractor, as described by Section 274A(e) of the Immigration and Nationalization Act, cause for termination of this Agreement. 11. NON-DISCRIMINATION.The Agency will not discriminate against any employee employed in the performance of this Agreement,or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. The Agency shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. The Agency shall insert similar provisions in all contracts and subcontracts for services by this Agreement. 12. DISCRIMINATORY VENDOR LIST. The Agency affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. The Agency further agrees that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. 13. ATTORNEY FEES. Each Party shall bear its own attorney's fees and costs. 14. TRAVEL.There shall be no reimbursement for travel expenses under this Agreement. 15. PRESERVATION OF REMEDIES. No delay or omission to exercise any right, power,or remedy accruing to either Party upon breach or default by either Party under this Agreement, will impair anysuch right, power or remedy of either party; nor will such delay or omission be construed as a waiver of any breach or default or any similar breach or default. 16. MODIFICATION.This Agreement may not be modified unless done so in a writing executed by both Parties to this Agreement. 625-010-10 ROADWAY DESIGN OGC-08/17 Page 6 of 12 17. NON-ASSIGNMENT,The Agency may not assign, sublicense, or otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the Department. Any assignment, sublicense, or transfer occurring without the required prior written approval of the Department will be null and void. The Department will at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Agency. In the event that the Department approves transfer of the Agency's obligations, the Agency remains responsible for all work performed and all expenses incurred in connection with this Agreement. 18. BINDING AGREEMENT. This Agreement is binding upon and inures to the benefit of the Parties 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 in this Agreement. 19. INTERPRETATION. No term or provision of this Agreement shall be interpreted for or against any party because that party or that party's legal representative drafted the provision. 20. ENTIRE AGREEMENT, This Agreement, together with the attached exhibits and documents made a part by reference, embodies the entire agreement of the Parties. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement. This Agreement supersedes all previous communication, representation, or agreement, either verbal or written, between the Parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of the Agency and the authorized officer of the Department or his/her delegate. 21. DUPLICATE ORIGINALS, This Agreement may be executed in duplicate originals. The remainder of this page is intentionally left blank. 625-010-10 ROADWAY DESIGN OGC-08/17 Page 7 of 12 Section No. Various CAFA No. 2019-M-491-00006 AGENCY City of Dania Beach By: Print Name: Lori Lewellen Title: Mayor As approved by the Council, Board,or Commission on: Attest: Thomas Schneider Legal Review: Thomas Ansbro City or County Attorney DEPARTMENT State of Florida, Department,of Transportation By: Print Name: Stacy Miller,PE Title: Director of Development Date: Legal Review: 625-010-10 ROADWAY DESIGN OGC-08/17 Page 8of12 Section No. Various CAFA No. 2019-M-491-00006 EXHIBIT "A" PROJECT DESCRIPTION I. SCOPE OF SERVICES The proposed improvements are to replace three of the existing, older City of Dania Beach welcome signs with three (3) new signs. The signs will be solar illuminated. Copies of the plans and a location map are included. 3 Entranceway Signs locations: • Location#1 —At the median on Griffin Road (SR 818). Please note existing sign is being replaced at this location. • Location #2—At the median on East Dania Beach Boulevard (A1A). Please note existing sign is being replaced at this location. • Location#3—NE of intersection at Sheridan Street (SR 822) and N Federal Highway (SR 5). Please note existing sign is being replaced at this location. II. PROJECT PLANS The Agency is authorized to install the Project in accordance with the attached plans prepared by Dustin DiPersia P.E./ and dated 6/9/2019. Any revisions to these plans must be approved by the Department in writing. 625-010-10 ROADWAY DESIGN OGC-08/17 Page 9 of 12 Section No. Various CAFA No. 2019-M-491-00006 EXHIBIT"B" SPECIAL PROVISIONS • During construction, highest priority should be given to ensure pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided,and shall continuously maintain pedestrian features to meet Americans with Disability Act(ADA) standards. • A copy of this permit and plan will be on the job site at all times during the construction of thisfacility. 625-010-10 ROADWAY DESIGN OGC-08117 Page 10 of 12 Section No. various CAFA No. 2019-M-491-00006 EXHIBIT"C" TERMS AND CONDITIONS FOR INSTALLATION OF THE PROJECT • All maintenance of traffic(MOT)will be in accordance with the Department's current edition of the Design Standards, (102-600 series). The Operations Engineer or his designee reserves the right to direct the removal/relocation/modification of any traffic device(s)at the Permittee's soleexpense. 625-010-10 ROADWAY DESIGN OGC-08/17 Page 11 of 12 Section No. Various CAFA No. 2019-M-491-00006 EXHIBIT"D" AGENCY RESOLUTION See the Attachment 625-010-10 ROADWAY DESIGN OGC-08117 Page 12 of 12 Section No. Various CAFA No. 2019-M-491-00006 EXHIBIT"E" NOTICE OF COMPLETION AND RESPONSIBLE PROFESSIONAL'S CERTIFICATE OF COMPLIANCE NOTICE OF COMPLETION COMMUNITY AESTHETIC FEATURE AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and The City of Dania Beach PROJECT DESCRIPTION: In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of 20 By: Name: Title: RESPONSIBLE PROFESSIONAL'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of"as-built" plans certified by the Engineer of Record. By: SEAL: Name: Date: 62M10-10 ROADWAY DESIGN OGC-08/17 Page 1 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMMUNITY AESTHETIC FEATURE AGREEMENT State Road/Local Road 5 Section No. Various CAFA No. 2019-M-491-00006 This Community Aesthetic Feature Agreement("Agreement") is entered into this day of between the State of Florida, Department of Transportation ("Department")and City of Dania Beach ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a"Party"andcollectively as the"Parties." RECITALS A. The Agency has requested permission from the Department to install a [CHOOSE ONE: ®Public Art,❑ Local Identification Marker] community aesthetic feature on that certain right-of-way owned by the Department which is located on State Road/Local Road 5 (N. Federal Highway) B. The Department agrees that transportation facilities enhanced by community aesthetic features can benefit the public, result in positive economic development, and increase tourism both locally and throughout Florida. C. The Parties agree to the installation and maintenance of the Project, subject to the terms and conditions in this Agreement. AGREEMENT 1. TERM. The term of this Agreement shall commence upon,full execution of this Agreement("Effective Date") and continue through the 25th anniversary of this agreement, which is determined as the lifespan of the Project, unless terminated at an earlier,date as provided in this Agreement. If the Agency does not complete the installation of the Project within one(1)Year, 365) days of the Effective Date of this Agreement,the Department may immediatelyterminate this Agreement.This Agreement may only be renewed for a term no longer than the original term of this Agreement upon a writing executed by both Parties to this Agreement. 2. PROJECT DESCRIPTION. The..Project is a[CHOOSE ONE: ® Public Art,❑Local Identification Marker], as more fully described in the plans in Exhibit'Au,attached and incorporated in thisAgreement. 3. FUNDING OF THE PROJECT,The Agency has agreed by resolution to approve the Project and to fund all costs for the design, installation, and maintenance of the Project, and such resolution is attached and incorporated in this Agreement as Exhibit t The Department shall not be responsible for any costs associated with the Project. All improvements funded, constructed, and installed by the Agency shall remain the Agency's property. However,this permissive use of the Department's right-of-way where the Project is located does not vest any property,right, title, or interest,in or to the Agency for the Department's right-of-way. 4. DESIGN AND CONSTRUCTION STANDARDS AND REQUIRED APPROVALS. a. The Agency is responsible for the design, construction, and maintenance of the Project in accordance with all applicable federal, state and local statutes, rules and regulations, including the Department standards and specifications.A professional engineer, registered in Florida, shall provide the certification that all design and construction for the Project meets the minimum construction standards established by the Department and applicable Florida Building Code construction standards. The Agency shall submit all plans or related construction documents,cost estimates, project schedule, and applicable third party agreements to the Department for review and approval prior to installation of the Project. The Agency is responsible for the preparation of all design plans for the Project, suitable for reproduction on 11 inch by 17 inch sheets, together with a complete set of specifications covering all construction requirements for the Project.A copy of the design plans shall be provided to the Department's District Design Engineer, located at 3400 West Commercial Blvd, Ft Lauderdale, FL 33309. The Department will review the plans for conformance to the Department's requirements and feasibility. The Department review shall not be considered an adoption of the plans nor a substitution for the engineer's responsibility for the plans. By review of the plans, the Department signifies only that suchplans and improvements satisfies the Department's requirements, and the Department expressly disclaims all other 625-010-10 ROADWAY DESIGN OGC-08/17 Page 2 of 12 representations and warranties in connection with the plans, including, but notlimited to the integrity, suitability, or fitness for the intended purpose or whether the improvements are constructed in accordance with the plans. The Department's review of the plans does not relieve the Agency, its consultants or contractors of any professional or other liability for the plans. All changes required by the Department shall be made by the Agency and final corrected plans shall be provided to the Department within thirty (30)days. b. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. Section 337,403, Florida Statutes, shall determine whether the utility bears the costs of utility work. The Agency shall bear the costs of utility work not required to be borne by the utility by Section 337.403, Florida Statutes. c. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic ("MOT")throughout the course of the Project in accordance with the latest edition of FDOT Standard Specifications, Section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of FDOT Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from FDOT Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. d. The Agency is responsible for obtaining all permits that may be required by any federal, state, or local agency. e. Prior to commencing the Project, the Agency shall request a Notice to Proceed from the Department's Construction Project Manager, Otto Elmer(otto.elmer(a-)ferrovialservices.com), at (954) 987-9558 or from an appointed designee. f. The Agency is authorized, subject to the conditions in this Agreement, to enter Department's right-of-way to install the Project (see attached Exhibit"B" Special Provisions). The Parties agree that this Agreement creates a permissive use only. Neither the granting of permission to use Department's right-of-way nor the placing of facilities upon Department's right-of-way shall operate to create or vest any property right in or to the Agency. The Agency shall not acquire any right, title, interest, or estate in the Department's right-of-way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency's use, occupancy or possession of the Department's right-of-way. g. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction and throughout the maintenance term of the Project. If the Department determines that a condition exists which threatens the public's safety, the Department may, at its discretion, cause the Project to cease and/or immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. Should the Agency fail to remove the safety hazard within thirty (30) days, the Department may remove the safety hazard at the Agency's sole cost, expense, and effort. h. The Agency shall be responsible to ensure that construction of the Project is performed in accordance with the approved construction documents,and that it will meet all applicable federal,state,and local standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit"C". i. The Agency shall notify the Department a minimum of forty eight (48) hours before beginning the Project within the Department's right-of-way. The Agency shall notify the Department should installation be suspended for more than five (5)working days. j. Upon completion of the Project, the Agency shall notify the Department in writing of the completion ofthe installation of the Project. For all design work that originally required certification by a Professional Engineer, the notification shall contain a Responsible Professional's Certification of Compliance,signed and sealed by the responsible professional for the project, the form of which is attached to this Agreement as Exhibit"E". The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. The Agency and its contractors shall remove their presence, including, but not limited to, all of the Agency or its contractor's/ subcontractor's/consultant's/subconsultant's property, machinery, and equipment from the Department's right-of-way and shall restore those portions of the Department's right-of-way disturbed or otherwise altered 625-010-10 ROADWAY DESIGN OGC-08117 Page 3 of 12 by the Project to substantially the same condition that existed immediately prior to the commencement of the Project, at Agency's sole cost and expense. k. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification to the Agency. The Agency shall havethirty(30) days from the date of receipt of the Department's written notice to complete the Project and provide the Department with written notice of the same ("Notice of Completion"). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department may: 1) provide the Agency with written authorization granting additional time as the Department deems appropriate to correct the deficiency(ies); or 2)correct the deficiency(ies) at the Agency's sole cost and expense,without Department liability to the Agency for any resulting loss or damage to property, including but not limited to machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoicewithin thirty(30) days of the date of the invoice. I. Upon completion of the Project, the Agency shall be responsible for the perpetual maintenance of the Project, including all costs. The maintenance schedule shall include initial defect, instantaneous damage and deterioration components. The initial defect maintenance inspection should be conducted, and any required repairs performed during the construction phase. The instantaneous damage maintenance inspection should be conducted sixty(60)to ninety(90) days after placement and is intended to identity short term damage that does not develop over longer time periods. The deterioration maintenance inspection shall be conducted on regular, longer term intervals and is intended to identify defects and damages that occur by naturally occurring chemical, physical or biological actions, repeated actions such as those causing fatigues, normal or severe environmental influences, abuse or damage due to other causes. Deterioration maintenance shall include, but is not limited to, the following services: Inspect all sign surfaces every six(6) months for excessive deterioration Inspect Structural Components Yearly; Inspect Sign Lighting every six(6) months; Conduct Vegetation Control quarterly; maintenance and routine repair of structural features of the aluminum cabinets, affixed letters, and all mechanical and electrical systems including, but not limited to, periodic touchup of all steel and aluminum surfaces, replacement of damaged or missing cast stone travertine cladding and/or aluminum and steel members, graffiti removal, pressure washing and electrical/mechanical periodic inspections and repairs. m.The Agency shall, within thirty(30) days after expiration or termination of this Agreement, remove the Project and restore the right-of-way to its original condition prior to the Project. The Agency shall secure its obligation to remove the Project and restore the right-of-way by providing a removal and restoration deposit, letter of credit, or performance bond in the amount of$2,400.00 The removal and restoration deposit, letter of credit, or bond shall be maintained by the Agency at all times during the term of this Agreement and evidence of the deposit, letter of credit, or bond shall be submitted to the Department on an annual basis. A waiver of the deposit, letter of credit, or bond requirement is permitted with approval from the District Maintenance Engineer for those:installations with estimated restoration/removal costs less than or equal to $2000.00. District Maintenance Engineer, Date: n. The Department reserves its right to cause the Agency to relocate or remove the Project, in the Department's sole discretion, and at the Agency's sole cost. 5. INDEMNITY AND INSURANCE. a. The Agency agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, and subconsultants, who perform work in connection with this Agreement: "The contractor/subcontractor/consultant/subconsultant shall indemnify, defend, save and hold harmless the State of Florida, Department of Transportation and all of its officers, agents oremployees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of,or due to any negligent 625-010-10 ROADWAY DESIGN OGC-08117 Page 4 of 12 act or occurrence of omission or commission of the contractor/subcontractor/consultant/subconsultant, its officers, agents oremployees." b. The Agency shall carry or cause its contractor/subcontractor/consultant/subconsultant to carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least$1,000,000 per person and $5,000,000 each occurrence, and property damage insurance of at least$100,000 each occurrence, for the services to be rendered in accordance with this Agreement. Additionally, the Agency or its contractor/subcontractor/consultant/subconsultant shall cause the Department to be an additional insured party on the policy or policies, and shall provide the Department with certificates documenting that the required insurance coverage is in place and effective. In addition to any other forms of insurance or bonds required under the terms of the Agreement, when it includes construction within the limits of a railroad right-of-way, the Agency must provide or cause its contractor to obtain the appropriate rail permits and provide insurance coverage in accordance with Section 7-13 of the Department's current Standard Specifications for Road and Bridge Construction, as amended. c. The Agency shall also carry or cause its contractor/subcontractor/consultant/subconsultant to carry and keep in force Worker's Compensation insurance as required by the State of Florida under the Worker's Compensation Law. 6. NOTICES.All notices pertaining to this Agreement are in effect upon receipt by either Party, shall be in writing, and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; or, overnight express mail delivery. E-mail and facsimile may be used if the notice is also transmitted by one of the preceding forms of delivery. The addresses set forth below for the respective parties shall be the places where notices shall be sent, unless prior written notice of change of address is given. STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION DISTRICT FOUR (4) PROGRAM MANAGER District Maintenance Engineer 3400 W. Commercial Blvd., Fort Lauderdale,FL 33309 Phone: 954-486-1400 Fax: 954-777-4223 City of Dania Beach FLORIDA 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Phone: 954-924-6800 (x 3635) Fax: 7. TERMINATION OF AGREEMENT,The Department may terminate this Agreement upon no less than thirty (30) days notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery. The Agency waives any equitable claims or defenses in connection with termination of the Agreement by the Department pursuant to this Paragraph 7. 8. LEGAL REQUIREMENTS. a. This Agreement is executed and entered into in the State of Florida and will be construed, performed, and enforced in all respects in strict conformity with local, state, and federal laws, rules, and regulations. Any and all litigation arising under this Agreement shall be brought in a state court of appropriate jurisdiction in Leon County, Florida, applying Florida law. 625-010-10 ROADWAY DESIGN OGC-08/17 Page 5 of 12 b. If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the Agreement will remain in full force and effect and such term or provision will be deemed stricken. c. The Agency shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Agency in conjunction with this Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. d. The Agency and the Department agree that the Agency, its employees, contractors,subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department's right-of- way. 9. PUBLIC ENTITY CRIME, The Agency affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six(36) months from the date of being placed on the convicted vendor list. The Agency agrees that it shall not violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. 10. UNAUTHORIZED ALIENS, The Department will consider the employment of unauthorized aliens, by any contractor or subcontractor, as described by Section 274A(e) of the Immigration and Nationalization Act, cause for termination of this Agreement. 11. NON-DISCRIMINATION. The Agency will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. The Agency shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. The Agency shall insert similar provisions in all contracts and subcontracts for services by this Agreement. 12. DISCRIMINATORY VENDOR LIST, The Agency affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. The Agency further agrees that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. 13. ATTORNEY FEES, Each Party shall bear its own attorney's fees and costs. 14. TRAVEL.There shall be no reimbursement for travel expenses under this Agreement. 15. PRESERVATION OF REMEDIES. No delay or omission to exercise any right, power,or remedy accruing to either Party upon breach or default by either Party under this Agreement, will impair anysuch right, power or remedy of either party; nor will such delay or omission be construed as a waiver of any breach or default or any similar breach or default. 16. MODIFICATION,This Agreement may not be modified unless done so in a writing executed by both Parties to this Agreement. 625-010-10 ROADWAY DESIGN OGC-08/17 Page 6 of 12 17. NON-ASSIGNMENT. The Agency may not assign, sublicense, or otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the Department. Any assignment, sublicense, or transfer occurring without the required prior written approval of the Department will be null and void. The Department will at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Agency. In the event that the Department approves transfer of the Agency's obligations, the Agency remains responsible for all work performed and all expenses incurred in connection with this Agreement. 18. BINDING AGREEMENT. This Agreement is binding upon and inures to the benefit of the Parties 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 in this Agreement. 19. INTERPRETATION. No term or provision of this Agreement shall be interpreted for or against any party because that party or that party's legal representative drafted the provision. 20. ENTIRE AGREEMENT.This Agreement, together with the attached exhibits and documents made a part by reference, embodies the entire agreement of the Parties. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement. This Agreement supersedes all previous communication, representation, or agreement, either verbal or written, between the Parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of the Agency and the authorized officer of the Department or his/her delegate. 21. DUPLICATE ORIGINALS. This Agreement may be executed in duplicate originals. The remainder of this page is intentionally left blank. 625-010-10 ROADWAY DESIGN OGC-08/17 Page 7 of 12 Section No. Various CAFA No. 2019-M-491-00006 AGENCY City of Dania Beach By: Print Name: Lori Lewellen Title: Mayor As approved by the Council, Board,or Commission on: Attest: Thomas Schneider Legal Review: Thomas Ansbro City or County Attorney DEPARTMENT State of Florida, Department of Transportation By: Print Name: Stacy Miller,PE Title: Director of Development Date: Legal Review: 625-010-10 ROADWAY DESIGN OGC-08/17 Page 8 of 12 Section No. Various CAFA No. 2019-M-491-00006 EXHIBIT "A" PROJECT DESCRIPTION I. SCOPE OF SERVICES The proposed improvements are to enhance a signal box with public art through a wrapped application for an existing signal box located at the NE corner of N. Federal Highway(SR 5)and NW 1 sf Street. Copies of the plans and location map are included. Signal Box Location: NE corner of N. Federal Highway(SR 5)and NW 1st Street Il. PROJECT PLANS The Agency is authorized to install the Project in accordance with the attached plans prepared by Image 360 and dated 05/03/2019.Any revisions to these plans must be approved by the Department in writing.. 625-W O-10 ROADWAY DESIGN OGC-08/17 Page 9of12 Section No. Various CAFA No. 2019-M-491-00006 EXHIBIT"B" SPECIAL PROVISIONS • During construction, highest priority should be given to ensure pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided,and shall continuously maintain pedestrian features to meet Americans with Disability Act(ADA) standards. • A copy of this permit and plan will be on the job site at all times during the construction of thisfacility. 625-010-10 ROADWAY DESIGN OGC-08/17 Page 10 of 12 Section No. various CAFA No. 2019-M-491-00006 EXHIBIT"C" TERMS AND CONDITIONS FOR INSTALLATION OF THE PROJECT • All maintenance of traffic(MOT)will be in accordance with the Department's current edition of the Design Standards, (102-600 series). The Operations Engineer or his designee reserves the right to direct the removal/relocation/modification of any traffic device(s) at the Permittee's sole expense. 625-010-10 ROADWAY DESIGN OGC-08/17 Page 11 of 12 Section No. Various CAFA No. 2019-M-491-00006 EXHIBIT"D" AGENCY RESOLUTION See the Attachment 625-010-10 ROADWAY DESIGN OGC-08/17 Page 12 of 12 Section No. Various CAFA No. 2019-M-491-00006 EXHIBIT "E" NOTICE OF COMPLETION AND RESPONSIBLE PROFESSIONAL'S CERTIFICATE OF COMPLIANCE NOTICE OF COMPLETION COMMUNITY AESTHETIC FEATURE AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and The City of Dania Beach PROJECT DESCRIPTION: In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of 20 By: Name: Title: RESPONSIBLE PROFESSIONAL'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of"as-built" plans certified by the Engineer of Record. By: SEAL: Name: Date: