HomeMy WebLinkAboutItem 05 Consideration of State Highway Lighting Agreement Work Order ,oe Center of Good Liv,
. 0 ' A
AGENDA ITEM COVER SHEET
Meeting Date: June 7, 2005
Item # 5
Reviewed By:
Contact Name: Bob Zaitooni Department Director: �.
Contact Number: 6002 City Manager: AV,/
Subject: State Highway Lighting Agreement Work Order (FY 05/06), Contract#AM-626
Background Summary:
This work order is for fiscal year 05/06 under the general State Highway Lighting, Maintenance, and Compensation
Agreement in September of 2002 between the Florida Department of Transportation and the City of Ocoee. The work
order amount is for$17,554.76,which reflects a 3% increase over the previous fiscal year.
Issue:
FDOT has provided the attached work order for fiscal year 05/06 for $17,554.76 based on the September 2002
Compensation Agreement to reimburse the City for the maintenance of streetlights on State highways.
Recommendations
City Commission to approve the work order and authorize the Mayor and City Clerk to execute the work order.
Attachments:
3 Copies of FY 05-06 Work Order&Original Agreement
Financial Impact:
Revenue to offset payments to Progress Energy for streetlights on State highways.
Type of Item:
❑ Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading Z Consent Agenda
❑ Ordinance First Reading 0 Public Hearing
❑ Resolution 0 Regular Agenda
❑ Commission Approval
❑ Discussion&Direction
® Original Document/Contract Attached for Execution by City Clerk
❑ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney ® N/A
Reviewed by Finance Dept. ® N/A
Reviewed by ( ) ❑ N/A
Mayor Center of Good Li.. Commissioners
S. Scott Vandergrift ::,�.�• -.. Danny Howell, District 1
Scott Anderson, District 2
City Manager k Rusty Johnson, District 3
Robert Frank Nancy J. Parker, District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: Bob Zaitooni, Director of Public Works
DATE: May 24,2005
RE: State Highway Lighting Agreement Work Order(FY 05/06), Contract#AM-626
ISSUE
Should the Honorable Mayor and City Commission approve State Highway Agreement Work Order for FY
05/06 with the Florida Department of Transportation(FDOT) for $17,554.76?
BACKGROUND/DISCUSSION
This work order is for fiscal year 05/06 under the general State Highway Lighting, Maintenance, and
Compensation Agreement executed in September of 2002 between the Florida Department of Transportation
and the City of Ocoee for maintenance of streetlights on State highway system. The work order amount is for 7
$17,554.76, which reflects a 3% increase over the previous fiscal year.
This amount will be used to offset payments to Progress Energy for the streetlights on State highways.
RECOMMENDATION
Staff respectfully requests that the Honorable Mayor and City Commission to approve the work order and
authorize Mayor and City Clerk to execute the work order.
w !A
Florida Department of Transportation
JEB BUSH District Construction Office JOSE ABREU
GOVERNOR 719 S.Woodland Blvd.,(MS 3-506) SECRETARY
386,943-5350
May 9,2005
The Honorable Scott Vandergrift
City of Ocoee
150 N. Lakeshore Dr.
Ocoee, Florida 34761
Re: State Highway Lighting,Maintenance,and Compensation Agreement Work Order(FY 05/06)
Financial Project ID: 413615-6-72-03
Contract Number: AM-626
FEID No.: VF-596019764-002
Work Order for Fiscal Year 05/06
Resolution No.: City Commission Meeting Minutes: 08/06/2002
Dear Mr.Vandergrift:
You are hereby authorized to perform maintenance of the State Highway Lighting Systems within your
jurisdiction in accordance with the terms and conditions of the State Highway Lighting, Maintenance, and
Compensation Agreement.
The total compensation for Fiscal Year 05/06 paid under this Work Order is $17,554.76. This amount
reflects a 3%increase per unit cost from the previous year. The compensation period for this work order will
begin from July 1,2005,and expire June 30,2006.
Please execute and/or return the following documents directly to this office in the enclosed self-
addressed envelope. In order to guarantee availability of funds,these documents must be returned to
this office no later than June 7,2005.
o Sign this original work order confirming receipt and agreement of the compensation terms listed
above and return.
o Sign and have notarized,the enclosed State Highway Lighting,Maintenance,and Compensation
Agreement Certification and return.
o If the Resolution referenced above is no longer current, return a copy of your current
Resolution.
www.myflorida.com
State Highway Lighting,Maintenance and Compensation Agreement Work Order (FY 05/06)
Contract Number: AM-626
Page Two
If you wish to receive payment for the Fiscal Year 04/05 Work Order,please submit an invoice to this
office anytime after May 19,2005. Invoices for Fiscal Year 04/05 must be received no later than December
27,2005. Per the State Highway Lighting,Maintenance,and Compensation Agreement paragraph 2.c.which
states: "Invoices may be submitted anytime after May 19th of the fiscal year in which the services were
provided,but no later than 180 days after the end of the fiscal year. Payment shall be made in one lump sum as
provided in paragraph 4 hereof.".
A sample invoice is attached for your information. Please verify that all information contained on the sample
invoice is included on your invoice.
If you have any questions,please contact: Jerry Harville at(386)943-5283.
Attachments: State Highway Lighting,Maintenance, and Compensation Agreement Certification
Sample Invoice
FLORIDA DEPARTMENT MAINTAINING AGENCY
OF TRANSPORTATION
A L t G c,L-id
Concurrence By:
an Hyman, .
District Maintenance Engineer
Typed Name:
cc: Chris Webb Title:
Local Maintenance Unit
Phone:
Date: / /
www.myflorida.com
Florida Department of Transportation
State Highway Lighting,Maintenance,and Compensation Agreement Work Order(FY 05/06)
Financial Project ID:413615-6-72-03
Contract No.AM-626
ATTEST: CITY OF OCOEE,FLORIDA
By:
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL) .
FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY
CITY OF OCOEE,FLORIDA; COMMISSION AT A MEETING
APPROVED AS TO FORM AND LEGALITY HELD ON ,2005
This day of ,2005 UNDER AGENDA ITEM NO.
FOLEY& LARDNER LLP
By:
City Attorney
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No 710.O70.2).
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION "°"`'es
Ra.5.02
AGREEMENT
THIS AGREEMENT,entered into this 'LA day of ,year of cE - ,by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,hereinafter referred to as the "FDOT",and
C.11 ot Uuc , hereinafter referred to as the"MAINTAINING
A elENCr;
WITNESSETH:
WHEREAS,the MAINTAINING AGENCY has the authority to enter into this Agreement and to undertake the maintenance
and operation of lighting on the State Highway System,and the FOOT is authorized under Sections 334.044,Florida Statutes and
335.055,Florida Statutes to enter into this Agreement;and
WHEREAS,the MAINTAINING AGENCY has authorized its undersigned officers to enter into and execute this Agreement,
and has designated the officer(s)authorized to receive and respond to the FDOT's work orders:
0
NOW,THEREFORE,in consideration of the premises and the mutual covenants contained herein,the FOOT and the
MAINTAINING AGENCY hereby agree as follows:
L Maintenance of Facilities
a. The MAINTAINING AGENCY shall maintain all the lighting now or hereafter located on the State Highway
System within the jurisdictional boundaries of the MAINTAINING AGENCY, hereinafter referred to as the
"Facilities,"throughout its expected useful life. For the purposes of this Agreement,the term Facilities shall
be deemed to include,but not necessarily be limited to, lighting for roadways,as well as park and ride,
pedestrian overpasses,and recreational areas owned by or located on the property of the FOOT,but shall
exclude those systems listed in Exhibit"A"attached hereto and by this reference made a part hereof,and
shall exclude lighting located in weigh stations,rest areas,or on Interstate highways.
b. In maintaining the Facilities,the MAINTAINING AGENCY shall perform all activities necessary to keep the
Facilities fully operating, properly functioning,with a minimum of 90%of the lights burning for any lighting type
(ex.high mast,standard,underdeck,sign)or roadway system at all times for their normal expected useful life
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 of the Facilities(including the
poles and any and all other component parts installed as part of the Facilities),and locating(both vertically
and horizontally)the Facilities,as may be necessary.
c. All maintenance shall be in accordance with the provisions of the following:
(1) Manual of Uniform Traffic Control Devices;and,
(2) All other applicable local,state,or federal laws, rules,resolutions,or ordinances,and FDOT
procedures.
d. For lighting installed as part of an FOOT project,the MAINTAINING AGENCY'S obligation to maintain shall
commence upon the MAINTAINING AGENCY's receipt of notification from the FOOT that the FOOT has finally
accepted the project,except for the obligation to provide for electrical power,which obligation to provide for
electrical power shall commence at such time as the lighting system is ready to be energized:provided,however,
that the MAINTAINING AGENCY shall not be required to perform any activities which are the responsibilities of
FDOT's contractor.
Paisi bf S
. • • P""",` trui"t‘
STATE OF FLORIDA DEPARTMENT Of TRANSPORTATION Form No 710.070.33.
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION R
AGREEMENT
e. The continuing obligations under this paragraph 1 beyond the first fiscal year hereof are subject to the voluntary
negotiation of the amount to be paid as set forth in subparagraph 2b hereof.
2. Compensation and Payment
a. The FDOT agrees to pay to the MAINTAINING AGENCY a lump sum of$ 4'46250 for the fiscal year
in which this Agreement is signed(fiscal year as referenced in this Agreement shall be FDOT'sfiscal year).
b. For each future fiscal year,the FOOT and the MAINTAINING AGENCY shall agree on the amount to be paid
prior to the fiscal year beginning. The FOOT will issue a work order confirming the amount and authorizing
the performance of maintenance for each new fiscal year.
c. Invoices may be submitted anytime after May 19"of the fiscal year in which the services were provided,but
no later than 180 days after the end of said fiscal year. Payment shall be made in one lump sum as provided
in paragraph 4 hereof.
d. Payment shall be made in accordance with Section 215.422, Florida Statutes.
e. Bills for fees or other compensation for services or expenses shall be submitted in a format acceptable to the
FDOT and in detail sufficient for a proper pre-audit and post-audit thereof.
3. Record Keeping
The MAINTAINING AGENCY shall keep records of all activities performed pursuant to this Agreement. The records
shall be kept in a format approved by the FOOT.
Records shall be maintained and made available upon request to the FOOT at all times during the period of this Agreement
and for three(3)years after final payment for the work pursuant to this Agreement is made.Copies of these documents
and records shall be furnished to the FDOT upon request.
4. Invoicing
Upon receipt,the FOOT has five(5)working days to inspect and approve the goods and services.The FDOT has twenty
(20)days to deliver a request for payment(voucher)to the Department of Banking and Finance.The twenty(20)days are
measured from the latter of the date the invoice is received or the goods or services are received,inspected,and approved.
If a payment is not available within forty(40)days,a separate interest penalty at a rate as established pursuant to Section
215.422, Florida Statutes,shall be due and payable, in addition to the invoice amount,to the MAINTAINING AGENCY.
Interest penalties of less than one(1)dollar shall not be enforced unless the MAINTAINING AGENCY requests payment.
Invoices returned to a MAINTAINING AGENCY because of MAINTAINING AGENCY preparation errors shall result in a
delay in the payment.The invoice payment requirements do not start until a properly completed invoice is provided to the
FOOT.
A Vendor Ombudsman has been established within the Department of Banking and Finance.The duties of this individual
include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s)
from a state agency.The Vendor Ombudsman may be contacted at(850)410-9724 or by calling the State Comptroller's
Hotline, 1-800-848-3792.0
a
The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. In the event this Agreement is in excess of$25,000 and has a term for a period of
more than one(1)year,the provisions of Section 339.135(6)(a),Florida Statutes,are hereby incorporated:
The FOOT,during any fiscal year, shall not expend money,incur any liability,or enter into any contract which,by its
Page 2 of 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form NO 710.010.30.
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATIONRev 5.02
AGREEMENT
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 shall be null and void,and no money
may be paid on such contract.The FOOT shall require a statement from the Comptroller of the FOOT 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 fnr in ci"rniaading fi_cral yeare and this pArAgrAph shall
be incorporated verbatim in all contracts of the FDOT which are for an amount in excess of$25,000 and which have a
term for a period of more than one(1)year.
The FOOT will provide a copy of the statement referenced above to the MAINTAINING AGENCY.
5. Default
In the event that the MAINTAINING AGENCY breaches any provision of this Agreement,then in addition to any other
remedies which are otherwise provided for in this Agreement,the FOOT may exercise one or more of the following
options, provided that at no time shall the FOOT be entitled to receive double recovery of damages:
a. Pursue a claim for damages suffered by the FDOT or the public.
b. Pursue any other remedies legally available.
c. As to any work not performed by the MAINTAINING AGENCY,perform such work with its own forces or
through contractors and seek reimbursement for the cost thereof from the MAINTAINING AGENCY if the
MAINTAINING AGENCY fails to cure the non-performance within fourteen(14)days after written notice from
the FOOT of the non-performance;provided,however,that advance notice and cure shall not be preconditions
in the event of an emergency.
6. Indemnification
0
oo The MAINTAINING AGENCY,to the extent allowed by Section 768.28, Florida Statutes, shall indemnify,defend,
save,and hold harmless,the State,the FOOT,and all of their officers,agents,and employees from all suits,
actions,claims,demands,and liabilities of any nature whatsoever arising out of,because of,or due to breach of this
Agreement by the MAINTAINING AGENCY,its subcontractors,agents,or employees or due to any act or
occurrence of omission or commission of the MAINTAINING AGENCY,its subcontractors,agents,or employees.
7. Force Majeure
Neither the MAINTAINING AGENCY nor the FOOT shall be liable to the other for any failure to perform under this
Agreement to the extent such performance is prevented by an act of God,war,riots,natural catastrophe,or other
event beyond the control of the non-performing party and which could not have been avoided or overcome by the
exercise of due diligence;provided that the party claiming the excuse from performance has(a)promptly notified the
other party of the occurrence and its estimate duration,(b)promptly remedied or mitigated the effect of the
occurrence to the extent possible,and(c)resumed performance as soon as possible.
8. Miscellaneous -
a. The FDOT shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)
of the Immigration and Nationality Act.If the contractor knowingly employs unauthorized aliens,such violation
shall be cause for unilateral cancellation of this Agreement.
b. The MAINTAINING 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 MAINTAINING
AGENCY in conjunction with this Agreement.Failure by the MAINTAINING AGENCY to grant such public
Pa'.3 of 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No 716010.30.
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATIONR;_
AGREEMENT
access shall be grounds for immediate unilateral cancellation of this Agreement by the FOOT.
goo This Agreement constitutes the complete and final expression of the parties with respect to the subject matter
hereof and supersedes all prior agreements,understandings,or negotiations with respect thereto.
This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or
unenforceable shall be severable and shall not affect the validity of the remaining provisions hereof.
MD Time is of the essence in the performance of all obligations under this Agreement.
om All notices required pursuant to the terms hereof may be sent by first class United States Mail,facsimile
transmission,hand delivery,or express mail and shall be deemed to have been received by the end of five(5)
business days from the proper sending thereof unless proof of prior actual receipt is provided. The
MAINTAINING AGENCY shall have a continuing obligation to notify each District of the FDOT of the
appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing,.
notices shall be sent to the following addresses:
MAINTAINING AGENCY:
City of Ocoee
150 N Lakeshore Dr
Ocoee, FL 34761
FDOT:
District Maintenance Engineer •
719 South Woodland Blvd.
DeLand, FL 32720
MD PUBLIC ENTITY CRIME INFORMATION STATEMENT: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.
till 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.
en Nothing herein shall be construed as a waiver of either party's sovereign immunity.
Pao*4of 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION fpm No 710.010.70.
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATIONDOWN
Rev.S.02
AGREEMENT
9. Certification
This document is a printout of an FDOT form maintained in an electronic format and ail revisions thereto by the
Maintaining Agency in the form of additions, deletions or substitutions are reflected only in an Appendix entitled
"Changes To Form Document"and no change is made in the text of the document itself. Hand notations on affected
portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only
and do not change the terms of the document. By signing this document,the Maintaining Agency hereby represents
that no change has been made to the text of this document except through the terms of the Appendix entitled"Changes
To Form Document."
You MUST signify by selecting or checking which of the following applies:
Q No changes have been made to this Forms Document and no Appendix entitled"Changes To Form
Document"is attached.
0 No changes have been made to this Form Document, but changes are included on the attached Appendix
entitled"Changes to Forms Document.*
IN WITNESS WHEREOF,the parties hereto have executed this Agreement effective the day and year first written.
MAINTAINING AGENCY
BY: (Slanature) SEE ATTACHED SIGNATURE RACE DATE:
(Typed Name:
(Typed Title:
Recommend Approval by the District /
BY: (Signature) .. —�--,.— DATE: `�I^�576
(Typed Name: Geor a M. Gilhoolev
(Typed Title: District Director of Operations )
FDOT Legal Review
5fq—
BY: (Signature)
DATE: !I
District Coun I
(Typed Name: tearLt i C"1e__ )
Pepe o1 S
IN WITNESS WHEREOF,the parties hereto cause these presents to be signed on the
date specified.
APPROVED
.<-" / ), 1 X1 /
J tV
S. SCOTT V t ERGRIFT,MAYOR
CITY OF OCOEE,FLORIDA
ATTEST
I ii/
.,...... kg.....JA
J r GRAF •N,CI ' CLERK
0 Y OF OCOEE,FLORIDA
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,
- FLORIDA. APPROVED AS TO
FORM AND LEGA ITYTIS
DAY OF
20
FOLEY LARDNER
il BY; _
City Attorney
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON A Liu�,'( to ,20 C.
UNDER AGENDA ITEM NO.
331. b •