STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION … 10A... · 3400 West Commercial Blvd. Fort...
Transcript of STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION … 10A... · 3400 West Commercial Blvd. Fort...
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FM No: 428727-1-52-02 FEID No: VF-596-000-333
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCALLY FUNDED AGREEMENT
THIS Locally Funded Agreement (“Agreement”), entered into this_____ day of______________ __
20__ , by and between the State of Florida Department of Transportation hereinafter called the
DEPARTMENT, and the City of Hallandale Beach located at 630 NW 2nd Street, Hallandale Beach, FL
33009-6433, hereinafter called the PARTICIPANT.
WITNESSETH
WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the DEPARTMENT make
certain improvements in connection with the DEPARTMENT’s reconstruction, rehabilitation, and resurfacing
(3R) work along SR-A1A from Dade/Broward County Line to Seacrest Parkway in Broward County, Florida.
(Financial Management (FM) Number 428727-1-52-01/02, Funded in Fiscal Year 2013/2014); and
WHEREAS, the PARTICIPANT has requested that the DEPARTMENT perform the following additional
work: Construction/Installation of decorative lighting, replacement of three (3) signalized strain pole
intersections to mast arms, and installation of sidewalk concrete pavers, as set forth in Exhibit A
attached hereto and made a part hereof and hereinafter referred to as the Project; and
WHEREAS, the improvements are in the interest of both the PARTICIPANT and the DEPARTMENT and it
would be more practical, expeditious, and economical for the DEPARTMENT to perform such activities; and
WHEREAS, the PARTICIPANT by Resolution No. adopted on
, 20 , a copy of which is attached hereto and made a part hereof, authorizes the proper
officials to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the
Project, the parties agree to the following:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
2. The DEPARTMENT shall be responsible for assuring that the Project complies with all
applicable Federal, State and Local laws, rules, regulations, guidelines and standards.
3. The PARTICIPANT agrees to make all previous studies, maps, drawings, surveys and other
data and information pertaining to the Project available to the DEPARTMENT at no extra
cost.
4. The total cost for the Project and the DEPARTMENT’s reconstruction, rehabilitation, and
resurfacing work along SR-A1A, is estimated to be FIVE MILLION SIXTY EIGHT
THOUSAND SEVENTY TWO DOLLARS AND NO CENTS ($5,068,072.00). The
PARTICIPANT’s cost for the Project is a lump sum amount of TWO MILLION ONE
HUNDRED TWENTY THOUSAND TWENTY SEVEN DOLLARS AND NO CENTS
($2,120,027.00), which is to be paid to the DEPARTMENT. The PARTICIPANT’s payment is
non-refundable. If the actual cost of the Project is less than the funds provided the excess will
be applied to the DEPARTMENT’s 3R work.
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A. The PARTICIPANT agrees that it will, within thirty (30) days of execution of this
Agreement, furnish the DEPARTMENT with a check in the amount of TWO MILLION
ONE HUNDRED TWENTY THOUSAND TWENTY SEVEN DOLLARS AND NO
CENTS ($2,120,027.00) towards the Project Costs.
In the event payment is not received by the DEPARTMENT within thirty (30) days of
execution of this Agreement, this Agreement will be terminated and the Project will
not be constructed.
Remittance shall be made payable to the Department of Financial Services, Revenue
Processing. Payment shall be clearly marked to indicate that it is to be applied to FM
No. 428727-1-52-02. The DEPARTMENT shall utilize this amount towards costs of
Project No. 428727-1-52-02.
Payment shall be mailed to:
Florida Department of Transportation
Program Management Unit- Attention: Leos A. Kennedy, Jr.
3400 W. Commercial Boulevard
Fort Lauderdale, Florida 33309-3421
B. The payment of funds under this Agreement will be made directly to the Department
for deposit.
5. The PARTICIPANT shall be responsible for the maintenance of the decorative lighting being
installed during the Department’s reconstruction, rehabilitation, and resurfacing work along
SRA1A. In addition to the foregoing, the PARTICIPANT shall comply with the provisions set
forth in the State Highway Lighting, Maintenance, and Compensation Agreement dated June
26, 2003, Exhibit B, which is attached hereto and made a part hereof.
6. On March 29, 2013 the PARTICIPANT and the DEPARTMENT entered into a Landscape
Inclusive Memorandum of Agreement (LIMOA) whereby the PARTICIPANT agreed to
maintain certain landscape improvements. The PARTICIPANT and the DEPARTMENT will
simultaneously with the execution of this Agreement enter into an Amendment to the LIMOA
whereby the PARTICIPANT shall agree to maintain the Project in accordance with terms of
the Amendment and the LIMOA. A copy of the Amendment is attached hereto and made a
part hereof as Exhibit C. The terms of this paragraph shall survive the termination of this
Agreement.
7. Upon completion of the Project and the DEPARTMENT’s work the PARTICIPANT will
comply with the provisions set forth in the Mast Arms and Upright Poles Memorandum of
Agreement (MOA) which is attached hereto and made a part hereof as Exhibit D. The
PARTICIPANT shall agree to maintain the Project in accordance with the terms of Exhibit D.
The terms of this paragraph shall survive the termination of this Agreement.
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8. In the event it becomes necessary for either party to institute suit for the enforcement of the
provisions of this Agreement, each party shall be responsible to pay their own attorney fees
and court costs. Venue with respect to any such litigation shall be in Broward County.
9. This Agreement and any interest herein shall not be assigned, transferred or otherwise
encumbered by the PARTICIPANT under any circumstances without the prior written consent
of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its
successors.
10. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to
both the PARTICIPANT and the DEPARTMENT until the Project and the reconstruction,
rehabilitation, and resurfacing work is completed as evidenced by the written acceptance of
the DEPARTMENT, or June 30, 2016 whichever occurs first.
11. The PARTICIPANT warrants that it has not employed or obtained any company or person,
other than bona fide employees of the PARTICIPANT, to solicit or secure this Agreement,
and it has not paid or agreed to pay any company, corporation, individual or firm, other than a
bona fide employee employed by the PARTICIPANT. For breach or violation of this provision,
the DEPARTMENT shall have the right to terminate the Agreement without liability.
12. The PARTICIPANT/ Vendor/ Contractor:
(A) shall utilize the U.S. Department of Homeland Security’s E-verify system to verify the
employment eligibility of all new employees hired by the PARTICIPANT/
Vendor/Contractor during the term of the contract; and
(B) shall expressly require any subcontractors 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.
13. This Agreement is governed by and construed in accordance with the laws of the State of
Florida.
14. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein,
and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any
prior representation or agreements whether oral or written. It is further agreed that no
modification, amendment, or alteration in the terms and conditions contained herein shall be
effective unless contained in a written document executed with the same formality and of
equal dignity herewith.
15. Any or all notices (except invoices) given or required under this Agreement shall be in writing
and either personally delivered with receipt acknowledged or sent by certified mail, return
receipt requested. All notices delivered shall be sent to the following addresses:
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If to the DEPARTMENT:
Florida Department of Transportation - District Four
3400 West Commercial Blvd.
Fort Lauderdale, Florida 33309-3421
Attn: Leos A. Kennedy, Jr.
With a copy to: Fausto Gomez, P.E.
A second copy to: Office of the General Counsel
If to the PARTICIPANT:
City of Hallandale Beach
630 NW 2nd Street
Hallandale Beach, Florida 33009
Attn: Beatriz Alvarez
With a copy to: City Attorney
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SPACE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Agreement by Resolution No. , hereto attached.
STATE OF FLORIDA
CITY OF HALLANDALE BEACH DEPARTMENT OF TRANSPORTATION
BY: BY:
NAME: _ GERRY O’REILLY, P.E.
TITLE: DIRECTOR OF TRANSPORTATION DEVELOPMENT
ATTEST: LEGAL REVIEW:
BY:
CITY CLERK (SEAL) OFFICE OF THE GENERAL COUNSEL
APPROVED: APPROVED:
BY: BY:
CITY ATTORNEY DISTRICT PROGRAM MANAGEMENT ENGINEER
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EXHIBIT A SCOPE OF SERVICES
SR-A1A from County Line to Seacrest Parkway FM #428727-1-52-02
The scope of services for the Project includes but is not limited to the following:
1. Removal of existing 4-foot concrete sidewalk on both sides of the road.
2. Removal of existing of 3.25-foot sodded utility strip on both sides of the road.
3. Installation of 4” colored concrete sidewalk and colored concrete sidewalk with surface-seeded
aggregate finish on both sides of the road next to existing concrete driveways and curb ramps.
4. Installation of stamped asphalt crosswalks at signalized intersections.
5. Removal of aluminum cobra head lighting system.
6. Installation of decorative street and pedestrian lighting includes special foundations.
7. Replace existing strain poles with mast arms at three intersections:
a) SR-A1A and County Line
b) SR-A1A and Hemisphere
c) SR-A1A and La Mer Drive
8. Painting black all proposed mast arms.
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EXHIBIT B
STATE HIGHWAY LIGHTING, MAINTENANCE,
AND COMPENSATION AGREEMENT WITH THE CITY OF HALLANDALE
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EXHIBIT C
AMENDMENT NO. 1 OF THE
LANDSCAPE INCLUSIVE MEMORANDUM OF AGREEMENT
WITH THE CITY OF HALLANDALE BEACH
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EXHIBIT D
MAST ARMS AND UPRIGHT POLES MAINTENANCE
MEMORANDUM OF AGREEMENT WITH THE CITY OF
HALLANDALE BEACH
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FIN NO.: 428727-1-52-01 COUNTY: Broward S.R. NO.: SRA1A (South Ocean Drive)
FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT FOUR (4)
MAST ARMS AND UPRIGHT POLES MAINTENANCE MEMORANDUM OF AGREEMENT
This AGREEMENT, made and entered into this____ day of ______________, 20____, 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
HALLANDALE BEACH, a political subdivision of the State of Florida, existing under the Laws of
Florida, hereinafter called the CITY.
W I T N E S S E T H:
WHEREAS, the DEPARTMENT has jurisdiction over State Road A1A (South Ocean
Drive), within the corporate limits of the CITY, as part of the State Highway System; and
WHEREAS, the DEPARTMENT has drafted design plans for improvements within the
corporate limits of the CITY, the limits of which are described in the attached Exhibits “A”, “B”,
“C”, “D” and “E”, which by reference hereto shall become a part hereof; and
WHEREAS, the DEPARTMENT and the CITY are both committed to improving the
aesthetics within the CITY LIMITS; and
WHEREAS, the CITY has requested that the DEPARTMENT install color coated mast arms
within the CITY LIMITS, as further described in Exhibit C and the DEPARTMENT is willing to do
so subject to the terms and conditions contained herein; 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 CITY by Resolution No.________ _dated _____________,
20____, 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:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
2. INSTALLATION OF MAST ARMS
The DEPARTMENT shall replace existing mast arms as more specifically described in Exhibit A.
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3. REMOVAL OF FACILITIES
It is understood between the parties hereto that the mast arms and uprights covered by this
AGREEMENT may be removed at any time in the future, as found necessary by the
DEPARTMENT in order that the adjacent state road be widened, altered or otherwise
changed and maintained to meet with future criteria or planning of the DEPARTMENT. All
costs associated with such activities will be solely at the expense of the DEPARTMENT.
4. MAINTENANCE OF FACILITIES
A. The CITY shall be solely responsible for the maintenance and preservation all of the
colored coating of the mast arms and uprights within the CITY LIMITS. The CITY shall
inspect the colored coating of the mast arms and uprights on a yearly basis. All
Maintenance or restoration activities shall be performed in accordance with a
Maintenance Plan, as approved by the DEPARTMENT, as per the requirements in
Exhibit E.
B. The above named functions to be performed by the CITY may be subject to periodic
inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such
inspection findings will be shared with the CITY and shall be the basis of all decisions
regarding, reworking or AGREEMENT termination. The CITY shall not change or deviate
from said plans without written approval of the DEPARTMENT.
C. The CITY shall be solely responsible for any damages to surrounding property, real
estate, vehicles, pedestrians, attachments to the signal masts or mast arms, or other
assets occurring as a result of coating operations and shall repair such damage to the
satisfaction of the DEPARTMENT at no expense to the DEPARTMENT
5. 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’s District Secretary that the CITY’s responsibility as established
herein or a part thereof is not being properly accomplished pursuant to the terms of this
AGREEMENT, said District Secretary may, at his/her option, issue a written notice, that a
deficiency or deficiencies exist(s), by sending a certified letter to the CITY, in care of the
DIRECTOR OF PUBLIC WORKS, to place the CITY on notice regarding its maintenance
deficiencies. Thereafter, the CITY shall have a period of thirty (30) days within which to
correct the cited deficiency or deficiencies. If said deficiencies are not corrected within this
time period, the DEPARTMENT may, at its option, proceed as follows:
A. Remove all the colored coating on the mast arms and upright poles and repair any
damaged galvanizing with DEPARTMENT and/or its independent contractor’s materials,
equipment and personnel. The actual cost for such work will be charged to the CITY.
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6. AMENDMENTS This AGREEMENT may be amended in writing if mutually agreed to by both parties. 7. AGREEMENT TERMINATION
This AGREEMENT is subject to termination under any one (1) of the following conditions:
A. By the DEPARTMENT, if the CITY fails to perform its duties under this Agreement,
following thirty (30) days written notice.
B. By the DEPARTMENT, for refusal by the CITY 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 CITY in conjunction with this Agreement.
C. Only if mutually agreed to by both parties.
8. AGREEMENT TERM
The term of this AGREEMENT commences upon execution by all parties. The term of this
AGREEMENT shall remain in effect for Fifty (50) years or until termination as set forth in this
AGREEMENT.
9. LIABILITY AND INSURANCE REQUIREMENTS
A. With respect to any of the CITY’S agents, consultants, sub-consultants, contractors,
and/or sub-contractors, such party in any contract for the mast arm improvements 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 CITY 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 CITY contracts with a third party to provide the services set forth herein,
any contract with such third party shall include the following provisions:
a. CITY’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,
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as filed by the Insurance Services Office and shall name the DEPARTMENT
as an additional insured.
b. CITY’S contractor shall furnish the CITY with Certificates of Insurance of
Endorsements evidencing the insurance coverage specified herein prior to
the beginning performance of work under this Agreement.
c. Coverage is not to cease and is to remain in full force and effect (subject to
cancellation notice) until all performance required of CITY’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 coverage 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 CITY shall utilize the U.S. Department of Homeland Security’s E-Verify system, in
accordance with the terms governing use of the system, in accordance with the terms
governing the use of the system, to confirm the employment eligibility of:
A. shall utilize the U.S. Department of Homeland Security’s E-Verify system, to verify the
employment eligibility of all new employees hired by the CITY during the term of this
AGREEMENT; and
B. Shall 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
contractor during the term of this AGREEMENT.
11. This writing embodies the entire AGREEMENT and understanding between the parties
hereto and there are not other agreements and understating, oral or written, with reference to
the subject matter hereof that are not merged herein.
12. DISPUTES
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 value thereof;
and his decision upon all claims, questions and disputes shall be final and conclusive upon
the parties hereto.
13. ASSIGNMENT
This Agreement may not be assigned or transferred by the CITY in whole or part without the
consent of the DEPARTMENT.
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14. 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 CITY agrees to waive forum and venue and that the
DEPARTMENT shall determine the forum and venue in which any dispute under this
agreement is decided
15. 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: If to the CITY: State of Florida Department of Transportation City of Hallandale Beach 3400 West Commercial Blvd. Utilities and Engineering Ft. Lauderdale, FL 33309-3421 630 Northwest 2nd Street Attention: District IV Maintenance Engineer Hallandale Beach, FL 33009 Or hi/her designee Attention: Director of Public Works
16. LIST OF EXHIBITS Exhibit A: Project Scope Exhibit B: Project Plans Exhibit C: Letter from City Exhibit D: Letter from County Exhibit E: Maintenance Plan
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written.
CITY OF HALLANDALE BEACH STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION By: By: Chairperson/Mayor Transportation Development Director Attest: (SEAL) Attest: (SEAL) Clerk Executive Secretary Legal Approval Legal Approval Attorney Date Office of the General Counsel Date
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FIN NO.: 428727-1-52-01 COUNTY: Broward S.R. NO.: SRA1A (South Ocean Drive)
EXHIBIT A
MILEPOSTS: 0.000 to 0.906
I. PROJECT LOCATIONS:
State Road A1A (South Ocean Drive) from the Miami-Dade/Broward County line to
Seacrest Parkway
II. PROJECT LIMITS OF MAINTENANCE:
PROPOSED MAST ARM LOCATIONS
o Intersection of SR A1A and County Line Road (Intersection # 3407) in
Hallandale Beach, FL
o Intersection of SR A1A and Hemispheres (Intersection # 3408) in Hallandale
Beach, FL
o Intersection of SR A1A and La Mer Drive (Intersection # 3409) in Hallandale
Beach, FL
EXISTING MAST ARM LOCATIONS
o Intersection of SR A1A and 2080 mid block crossing (Intersection # 3388) in
Hallandale Beach, FL
o Intersection of SR A1A and 1865 mid block crossing (Intersection # 3397) in
Hallandale Beach, FL
o Intersection of SR A1A and Hallandale Beach Blvd. (Intersection # 3051) in
Hallandale Beach, FL
III. PROJECT SCOPE OF WORK / JUSTIFICATION:
The Department is to replace the existing strain poles with mast arms traffic signals at the
intersections of County Line Road, Hemispheres, and La Mer Entrance with SR A1A
(South Ocean Drive), City of Hallandale Beach, FL. There are (7) seven existing mast
arms to remain with a powder coated in standard black color at the intersections of 20810
mid block crossing, 1865 mid block crossing and Hallandale Beach Blvd.
The scope of work of this agreement will be to have the proposed (10) ten mast arms
traffic signals powder coated in standard black color to match the other (7) seven signal
assemblies in the area. The City will maintain the painted surface for the life of the signals
for all (17) seventeen mast arms.
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FIN NO.: 428727-1-52-01 COUNTY: Broward S.R. NO.: SRA1A (South Ocean Drive)
EXHIBIT B
PROJECT PLANS
The Department agrees to install the Project in accordance with the plans and specifications attached hereto and incorporated herein.
Please see attached plans prepared by:
F.R. Aleman and Associates, Inc. 10305 NW 41st Street, Suite# 200
Miami, FL 33178 (305) 591-8777
Signalization Engineer of Record: Amazia L. Kiboko, PE, P.E. No. 49523
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FIN NO.: 428727-1-52-01 COUNTY: Broward S.R. NO.: A1A (South Ocean Drive)
EXHIBIT C
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FIN NO.: 428727-1-52-01 COUNTY: Broward S.R. NO.: A1A (South Ocean Drive)
EXHIBIT D
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FIN NO.: 428727-1-52-01 COUNTY: Broward S.R. NO.: SRA1A (South Ocean Drive)
EXHIBIT E
MAINTENANCE PLAN REQUIREMENTS
The CITY shall submit to the DEPARTMENT a maintenance plan detailing the means and methods
for accomplishing repairs to the non-standard colored coating on the mast arms and upright poles
in accordance with all DEPARTMENT Standards, Procedures and Specifications. This plan must
be submitted and approved by the DEPARTMENT prior to commencing any maintenance or repair
activities. The plan should at minimum detail how the CITY will address the following:
1. Providing for continuous traffic control and necessary traffic control devices as required for
the safe movement of 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 signal masts or mast arms, 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 CITY 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
5. The methods to be used for the repair