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HomeMy WebLinkAboutVII (F) Highway 438 Illumination Agreement with FDOT Agenda 11-21-2000 Item VII F tEVIYR OF GOOD IJI'IVG-PRIDE OF REST ORANGE' MAYOR•COMMISSIONER ` Ocoee S.SCOTT VANDERGRIFT dy �w�y��, CITY OF OCOEE COMMISSIONERS f l DAN�'Y NT)NR 1.1. Vi al ISO N. LAAESHORL DRIVE SCUII AND RSON OCOEE. FLORIDA4 76 1-22 5 8 �. ItUS I Y JOI INSON �y�, A +Y/ ��ZV (407)656-2322 NANCY J. PARKER ��O) GOO�� Cnv MANAGIA r:LI.IS SIIAI'IRO MEMORANDUM DATE: November 10, 2000 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E., City Engineer/Utilities Director I SUBJECT: SR 438 Roadway Lighting Agreement A few months ago, FDOT submitted a roadway illumination agreement pertaining to the installation and maintenance of roadway lighting for the proposed widening of SR 438 (Silver Star Road) between Silver Glen Boulevard and the eastern city limit. Under the terms of that standard FDOT agreement, FDOT would install roadway lighting using FDOT standard poles, light fixtures and wiring as part of the widening project, and the city would agree to own and maintain the lights after installation was complete. If the city did not execute the agreement, FDOT would not install lights at all as part of the project. The proposed FDOT lighting plan called for the lights to be placed only on the south side of the road in order to eliminate conflicts with the existing Florida Power lines on the north side. Because the lights were all to be located on one side of the road, the poles had to be taller than normal so that the light would spread over all four lanes of traffic and both sidewalks. To accomplish this, the poles were going to be fifty feet tall. As a point of reference, the lights in most subdivisions are only twenty-five to thirty feet tall. In discussions with Florida Power, it was determined that none of the parts that FDOT was proposing to use were compatible with Florida Power's inventory. Florida Power was not interested in stocking a new line of parts just to service a few lights on SR 438 in Ocoee, and it appeared that if we wanted the road illuminated, we would have to contract for maintenance with an independent contractor to replace burned-out bulbs and damaged light poles. Even if the city elected to do that, the proposed FDOT roadway lighting design, using fifty foot tall light poles located along the south side of the road would not have been aesthetically pleasing, and would have generated numerous complaints from citizens living nearby due to lights glaring down into their backyards. POWt °il—. i ,. ^,'nse= iri . v.. The FDOT roadway design process is very structured, and contains many inflexible milestone dates. One of these is the requirement for a go/no go decision on roadway lighting. If a decision is not reached in a timely manner, the roadway design will proceed without consideration of a lighting plan, and adding roadway lights later becomes much more difficult. It didn't appear that we would be well served by a standard FDOT lighting plan, and it seemed equally unacceptable to have SR 438 widened to four lanes through Ocoee without having it properly illuminated. To try to solve the problem, Mr. Rosenthal and I met several times with FDOT and Florida Power representatives, and after several discussions we were able to reach an agreement that seems to benefit all parties. The concept we outlined is new both to FDOT and to Florida Power, and the City of Ocoee will be the first city to take advantage of the benefits that are available. The attached Highway Illumination Service Agreement is the result of our discussions with FDOT and Florida Power, and is presented to you for your consideration and action. Under the terms of this Agreement, FDOT agrees to pay to the city an amount equal to its standard roadway lighting cost, and the City of Ocoee agrees to install and maintain a roadway lighting system that meets FDOT illumination and safety standards. Because the FDOT design process is fairly uniform, they can predict their construction costs with a high degree of accuracy. In this case, the projected cost for FDOT to install lighting along SR 438 within Ocoee is $316,000. This is the amount that FDOT proposes to give to the City of Ocoee under the terms of the attached Highway Illumination Services Agreement. By executing this Agreement and accepting the $316,000, Ocoee agrees to install and maintain roadway lighting that conforms to FDOT illumination and safety standards. The city obviously also wants a lighting system that is more aesthetically pleasing than that which was proposed by FDOT. Mr. Russ Wagner and I met with Mr. Gavin Curley from Florida Power to determine what lighting design and products were available from Florida Power that would meet both FDOT and City of Ocoee requirements. Mr. Curley has provided us with an estimate of the cost to install a lighting system which uses standard Florida Power equipment, so that it can be installed and maintained by Florida Power in the same manner they now maintain other street lights within Ocoee. Mr. Curley's attached cost estimate indicates that there are two cost components that the city will be expected to pay. The first is called a Contribution In Aid of Construction (CIAC). This is the amount by which the initial cost of our desired lighting exceeds the cost of standard lighting. This extra cost is primarily due to the use of decorative fixtures and poles. A standard lighting arrangement would use existing poles to the greatest extent possible, would include additional wood or plain concrete poles where necessary, and would use standard aluminum light fixtures. The proposed light system uses a few existing poles to keep costs as low as possible, but where additional poles are needed, the new poles will be decorative, not plain wood, and all of the fixtures will POW ProtestPt ees Prater Rescw«e be decorative style, with most being a very low-glare design to enhance the aesthetic value of the roadway. The CIAC amount is estimated to be $80,000. The second component is the monthly charge, which is a combination of equipment rental, maintenance and energy charges. This is the same arrangement as we now use to pay for street lighting. As you can see from Mr. Curley's estimate, the City will need to plan on an annual expense of approximately $48,500 to light our portion of SR 438 if we use decorative fixtures and poles. As you can see from the attached spreadsheet, the cost of decorative lighting is approximately $23,000 per year more than the cost of a standard lighting plan. The standing lighting plan would use existing poles to the greatest extent possible, and would use plain aluminum cobra-head style light fixtures. To summarize, FDOT is proposing to give the City $316,000 in exchange for which the City commits to install and maintain a street lighting system meeting FDOT standards. Florida Power can install such a lighting system, and will expect the City to pay a Contribution In Aid of Construction amount of approximately $80,000, and an annual combined rental, maintenance, and energy fee of approximately $48,500 for decorative lights or $25,600 for standard lights. (If the City elects to install standard lighting, the Contribution In Aid of Construction amount will be reduced dramatically, or perhaps eliminated altogether). Either of Florida Power's proposed lighting plans will meet FDOT's safety and illumination requirements. As Mr. Curley's letter indicates, the figures from Florida power are approximate, since it is still early in the lighting design process, but he feels that his estimated costs are on the high side. The annual cost for the standard lighting will be approximately $25,600. The decorative lighting will cost an additional $23,000 annually. The real benefit to this proposal is the $316,000 that FDOT is to provide to the City. With this money, after the CIAC amount is paid, we will have enough to pay approximately ten years of the "upgrade" amount for the decorative lighting. We are requesting that the City Commission take two actions tonight: 1. Authorize the Mayor and City Clerk to execute the attached Highway Illumination Services Agreement between the City of Ocoee and the Florida Department of Transportation. 2. Direct staff to work with Florida Power on the development of a decorative lighting plan for the section of SR 438 between Silver Glen Boulevard and the eastern city limit. JWS/jbw Attachments Powtt Ouna Ytrfr ( irrn, j..•«.. •.•:•'*% Florida it,S.R�: Power CORPORATION Date 10/31/00 Mr.Jim Shira Utilities Director, City of Ocoee 150 North Lakeshore Drive Ocoee, FL 34761 RE: FPC leased lighting estimate, Silver Star Road Mr. Shira: Thank you for allowing Florida Power Corporation the opportunity to provide a leased lighting estimate for streetlight services along Silver Star Road. As we discussed, FPC provides leased lighting services for most of the city's roadways. Recently, the FDOT agreed to allow the use of FPC leased lighting systems along FDOT roadways such as Silver Star Road. FPC leased lighting services will help the city by providing a"turn-key'approach to lighting FDOT roadways. It also provides the city with options, allowing the use of decorative poles and fixtures, if deemed financially feasible. Our leased lighting estimate for Silver Star Road is outlined in this letter. Please understand the estimate is an attempt to give you"ball park"figures,to see whether leased lighting is even a viable option. The figures provided are on the"high side", and are subject to many field variables that are presently unknown this early in the design stage. Hopefully, it provides the necessary information to take the first step in your decision process. We will continue to work with you to gain more accurate, detailed estimates as the road design progresses. The lighting design covers approximately 7,000 ft. section of Silver Star Road, within city limits, maintained by the FDOT. FPC will install streetlights on distribution line poles, wherever possible. FPC electric distribution may be limited to one side of the roadway. In order to maintain FDOT's minimum lighting level design criteria, streetlight poles and fixtures are required along the opposite side of the roadway and in areas not covered by lights mounted on distribution poles. Decorative, pedestrian style poles and fixtures will be used along both sides of the roadway, spaced half-way between the distribution poles, and staggered across the street. The design entails: • Eighty 250 watt HPS, roadway style fixtures with flat, full cut-off refractors, approximately 40 of which will be installed on existing distribution poles • Black fixtures and brackets • Forty decorative, spun, aggregate tall concrete poles for use along the opposite side of the street from the distribution poles and in areas needed to maintain minimum FDOT lighting levels • Eighty 100 watt HPS decorative post top fixtures • Eighty decorative, spun, aggregate pedestrian style poles, located along both sides, spaced between lights mounted on tall decorative poles and distribution poles • Fixtures installed on distribution poles will be served from overhead conductors • Fixtures on decorative poles will be served from underground service conductors Produd Delivery, 1150 North Orange Avenue,Winter Padc,Florda 32789,(407)645-8468 A Flonde Progress Company • Page 2 October 31, 2000 The lease is paid each month and has 3 major components. • Product lease • Maintenance • Energy The estimate for the products listed is: Product Lease Maintenance Energy Monthly!Annually _ $3,360 $210 $470 $4,040 X12 X12 X12 X12 $40,320 $2,520 $5,640 $48,480 The above estimate does not include tax or other costs associated with the actual monthly bill. The CIAC estimate is$80,000, and is required in full upon entering a leased lighting agreement. I look forward to further assisting you on this project. Please review the information and call me if you have questions. Sincerely, Gavin P.Cudey Product Delivery Florida Power Corporation L9 CC: K. Cone, FPC Product Delivery,1150 North Orange Avenue,Winter Park.Florida 32789,(407)646-8468 A Honda Progress Company Estimated Cost of SR 438 Lighting - Florida Power Using decorative light fixtures and poles Products: (Criteria: I Roadway Fixtures 225' spacing on distribution poles, staggered 250 Watt Cut-off 80 Black fixture, 250 watt full cut-off Intermediate Fixtures Decorative concrete poles Biscayne 100 watt HPS acorn 80 Intermediate fixtures - 100 watt Biscayne - acorn style Roadway Poles Intermediate poles - Victorian II - Decorative Decorative Concrete 40 Intermediate poles located midway between 225' spaced cut-offs Intermediate poles Total roadway length - 6,955 feet Victorian II decorative concrete 80 Fixture Maintenance Energy TOTAL Rental Cost Cost 250 Watt Cut-off 80 $11.00 $880.00 $105.60 $319.20 Biscayne 100 watt HPS acorn 80 $11.99 $959.20 $102.40 $148.00 Decorative Concrete 40 $18.00 $720.00 Victorian II decorative concrete 80 $9.98 $798.40 Monthly Charges $3,357.60 $208.00 $467.20 $4,032.80 Annual Charges $40,291.20 $2,496.00 $5,606.40 $48.393.60 Using standard cobra-head fixtures on standard poles: Lighting Maintenance Energy System Cost Cost Rental Cobra-head fixture 130 $8.00 $1,040.00 $105.60 $319.20 Standard pole 65 $10.25 $666.25 Rent Maintenance Energy TOTAL Monthly Charges $1,706.25 $105.60 $319.20 $2,131.05 Annual Charges $20,475.00 $1,267.20 $3,830.40 $25.572.60 � � - CONSULTANTS GdI Consultants- Som6cau October 4, 2000 201 L,vt r��,. Hi.���. �:���. Project No. 99172.07 +07 J°g„ IL, IA.N 70rla4+-10iC Mr. James Shira, City Engineer City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761-2258 Reference: HIGHWAY ILLUMINATION SERVICE AGREEMENT OLI PHD 239289-1-58-02 (District Document#4) SR 438 from west of Clark Road to Hiawassee Road Orange County Dear Mr. Shira: As we have discussed, the Department has developed the enclosed Agreement to combine the two previous agreements sent to you, into a single agreement. The Department will provide a one time lump sum to the City of Ocoee for the design and construction of the roadway lighting system. The final design of the lighting system shall meet the Department Design Criteria as outlined in the Plans Preparation Manual. The actual roadway lighting will need to he installed via an FDOT Utility Permit. The enclosed agreement is to he ratified and executed by the Ocoee City Commission. The Highway Illumination Service Agreement is for the design,construction of the system and for the continuing maintenance of the system by the City of Ocoee. We request that this Agreement replace the previous submitted documents and be placed on the next available Agenda of the Ocoee City Commission. We also ask that you notify GAI-SE of the meeting date so that we can be present to assist you in the ratification process. As we have noted, this will he the first time these Agreements have been used with a local government within the Department's District 5. If you have any questions, please do not hestitatc to give me a telephone call or e-mail. Sincerely, GAAl Consultants-Southeast,C Inc. T° -on 4 John A. Mu t Utility Coordination Project Manager Ene: Four Sets-Highway Illumination Services Agreement(Government Entity)&Appendix"A" cc: Joe Nero, FDOT District 5 Utility Office CI ll Hdc.t,m.U'V I'hll,J,iphln,PA 11. W;t .:ic, IN Ain.i hl,md,,. H. Il,,t'ru, N( ht.:Lom di.. FL RiJcu.IuJ. VA 09;1C'00 STATE OP FLORIDA DEPARTMENT OP TRANSPORTATION HIGHWAY ILLUMINATION SERVICES AGREEMENT (Government Entity) Financial Project ID: 238289-1-58-02 Federal Project ID: N.A. Work Program Item No. (old): 5114625 County/Section No: ORANGE / 75250 State Job No. (old): 75250-6525 District Document No: 4 THIS AGREEMENT, entered into this day of , 2000, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FOOT", and the CITY OF OCOEE, a political subdivision of the State of Florida, hereinafter referred to as the "LOCAL GOVERNMENT"; WITNESSETH: WHEREAS, the FOOT is engaged in a project for the improvement of State Road 438 (Silver Star Road), identified as Section 75250, Financial Project No.: 239289-1-52-01, FAP No. N.A., hereinafter referred to as the "Project"; and WHEREAS, the FOOT desires to have the section of said State Road which is included in the Project (said section of said State Road to be hereinafter referred to as the `Road") illuminated as part of the Project, and desires to enter into an agreement for that service with the LOCAL GOVERNMENT in accordance with F.S. 287.057(3)(f)13; and WHEREAS, the LOCAL GOVERNMENT has agreed to provide the services necessary to illuminate the Road in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FOOT and the LOCAL GOVERNMENT hereby agree as follows: Provision of Illumination Services a. The LOCAL GOVERNMENT shall illuminate the Road in accordance with FOOT standards. Subject to the terms and conditions contained herein, illumination services shall continue until such time as FOOT notifies the LOCAL GOVERNMENT to discontinue the illumination services. b. The LOCAL GOVERNMENT shall be responsible for taking any and all actions as may be necessary to illuminate the Road, including,but not necessarily limited to, installation of such facilities and equipment as is necessary to properly illuminate the Road. c. Prior to installation of the equipment and facilities to illuminate the Road, the LOCAL GOVERNMENT shall provide such information (including a proposed work schedule) as is requested by the FOOT in order for the FOOT to verify that the illumination is acceptable and will be in accordance with FOOT standards, and that all work to be performed on FOOT right of way will be performed properly in accordance with FOOT standards for performance Page 1 of 8 09.14'00 STATE OF FLORIDA DEPARTMEN I OF I RANSPORT ATION HIGHWAY ILLUMINATION SERVICES AGREEMENT (Government Entity) of such work. The LOCAL GOVERNMENT shall make such changes to the proposed illumination as FOOT requests. d. The LOCAL GOVERNMENT shall notify the appropriate FDOT office in writing prior to beginning installation of the equipment and facilities to provide the illumination services and when the LOCAL GOVERNMENT stops, resumes, or completes the work. The work shall be completed within the time frame as specified in the schedule provided by the LOCAL GOVERNMENT to the FOOT pursuant to subparagraph 1.c. above. e. In the event that the LOCAL GOVERNMENT, in accordance with the terms and conditions of this agreement, places facilities on FDOT right of way to provide the illumination services and those facilities later become in conflict with FDOTOs use of its right of way, a supplemental agreement will he entered into to pay additional compensation equal to the costs of protection, adjustment, or relocation of said facilities in order to accommodate FOOT use of the right of way. 2. Cost of Illumination Services The FDOT agrees to pay the LOCAL GOVERNMENT, after illumination services have begun, a single lump sum service charge in the amount of S 316,000.00. This lump sum amount is based on the current rules and policies of the FDOT with regard to the costs of roadway lighting that it can pay. In the event that the rules and policies of the FDOT change in the future as to what charges the FOOT can pay, then a supplemental agreement shall be executed to revise the cost for the provision of illumination services thereafter to be consistent with FDOT rules and policies. Any increase in costs under the supplemental agreement shall be limited to the amount of increase costs that new rules and policies allow for standard FOOT lighting systems and no payment will be made for costs related to any upgrading of facilities done at the discretion of the LOCAL GOVERNMENT. 3. Invoice Procedures for Cost of Illumination Services The following teens and conditions apply to the invoice submitted pursuant to this Agreement for payment of the cost of illumination services: a. The LOCAL GOVERNMENT shall submit a final invoice to the FOOT for payment of all costs within one hundred and eighty (l80) days after illumination services have commenced. The LOCAL GOVERNMENT waives all right of payment for invoices submitted more than one hundred eighty(180) days after illumination services have commenced. c. All invoices shall be submitted in triplicate and shall show the description and site of the project and the location where the records and accounts invoiced can be audited. Adequate reference shall be made in the invoicing to the LOCAL GOVERNMENT's records, accounts, and other relevant documents. Page 2 of 8 ovr4.DO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY ILLUMINATION SERVICES AGREEMENT (Government Entity) d. All cost records and accounts shall be maintained in the auditable condition for a period of eight hundred twenty (820) days after final payment is received by the LOCAL GOVERNMENT and shall be subject to audit by a representative of the FDOT at any reasonable time during this eight hundred twenty(820) day period. e. Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof f. Invoices for any travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. A state agency may establish rates lower than the maximum provided in Section 112.06, Florida Statutes. g. Upon receipt of an invoice, the FDOT has thirty (30) days to inspect and approve the goods and services. The FOOT has twenty (20) days from the latter of the date the invoice is received or the goods or services are received, inspected and approved to deliver a request for payment (voucher) to the Department of Banking and Finance or to return the invoice to the LOCAL GOVERNMENT. h. If a warrant in payment of an invoice is not issued within forty(40) days from the latter of the date the invoice is received or the goods or services are received, inspected and approved, a separate interest penalty, as established pursuant to Section 215.422, Florida Statutes, will be due and payable in addition to the invoice amount, to the LOCAL GOVERNMENT. Interest penalties of less than one (1) dollar will not be enforced unless the LOCAL GOVERNMENT requests payment. Invoices which have to be returned to the LOCAL GOVERNMENT because of LOCAL. GOVERNMENT's preparation errors, will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the FOOT. In the event of a bona fide dispute, the FDOTOs voucher shall contain a statement of the dispute and authorize payment only of the undisputed amount. In accordance with Section 287.0582, Florida Statutes, the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the legislature. j. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at Comptrollers Office, 101 E. Gaines Street, Suite 414 Comptrollers Office Tallahassee, FL 32399 or by calling State Comptroller's Hotline, 1-800- 848-3792 . k. In accordance with the Florida Statutes, the FOOT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null Page 3 of 8 09/14100 STATE OF FLORIDA DEPARRIENT OF TRANSPORTATION HIGHWAY ILLUMINATION SERVICES AGREEMENT (Government Entity) and void, and no money may he paid on such contract. The FDOT shall require a statement from the comptroller of the FDOT 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 (I) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the FDOT which are for an amount in excess of $25,000.00 and which have a term for a period of more than one(1) year. 1. 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 4. Maintenance of Illumination Equipment and Facilities The following terms and conditions shall apply to the equipment and facilities used to provide the illumination services after illumination services have begun: a. The equipment and facilities shall at all times remain the property of and be properly protected and maintained by the LOCAL GOVERNMENT in accordance with the then current Utility Accommodation Manual. b. The LOCAL GOVERNMENT shall not engage in any act or omission which in any way interferes with the continued provision of illumination services, including, without limitation, granting rights to third parties with respect to the equipment and facilities which interferes with the continued provision of illumination services. 5. Default a. In the event that the LOCAL GOVERNMENT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from FDOT. 2. Pursue a claim for damages suffered by the FDOT or the public. Page 4 of 8 aon4/00 STATE OF Fl ORIDA DEPARTVIFNT OF TRANSPORTATION HIGHWAY ILLUMINATION SERVICES AGREEMENT (Government Entity) 3. Withhold invoice payments until the breach is cured. 4. Offset any damages suffered by the FDOT or the public against payments due under this Agreement. 5. Suspend the issuance of further permits to the LOCAL GOVERNMENT for the placement of utilities on FOOT property if the breach is material and has not been cured within 60 days from written notice thereof from FOOT. 6. Pursue any other remedies legally available. b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the LOCAL GOVERNMENT may exercise one or more of the following options: 1. Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the LOCAL GOVERNMENT. 2. If the breach is a failure to pay an invoice for cost of the illumination services, pursue any statutory remedies that the LOCAL GOVERNMENT may have for failure to pay invoices. 3. Pursue any other remedies legally available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties nor from any statutory obligations that either party may have with regard to the subject matter hereof. 6. Force Majeure Neither the LOCAL GOVERNMENT nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non- performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a)promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 7. Miscellaneous a. The LOCAL GOVERNMENT shall fully comply with the provisions of Title VI of the Civil Rights Act of 1964 and any subsequent revisions thereto in connection with the illumination services covered by this agreement, and such compliance will be governed by the method marked below: Page 5 of 8 09114/00 STATE OF FLORIDA UEPARRIENT OF TRANSPORTATION HIGHWAY ILLUMINATION SERVICES AGREEMENT (Government Entity) ( ) The LOCAL GOVERNMENT will provide all or part of such illumination services by a contractor paid under a contract let by the LOCAL GOVERNMENT, and the Appendix "A" of Assurances will be included in said contract let by the LOCAL GOVERNMENT. ( ) The LOCAL GOVERNMENT will perform all of the illumination services entirely with LOCAL GOVERNMENT's forces, and Appendix "A" of Assurances is not required. ( ) The illumination services involved are agreed to by way of just compensation for the taking of the LOCAL GOVERNMENT's facilities on right-of-way in which the LOCAL GOVERNMENT holds a compensable interest, and Appendix "A" of Assurances is not required. ( ) The LOCAL GOVERNMENT will provide all such illumination services entirely by continuing contract, which contract to provide all future illumination services was executed with the LOCAL GOVERNMENT's contractor prior to August 3, 1965, and Appendix "A" of Assurances is not required. b. Pursuant to Section 287.058 of the Florida Statutes, the FDOT may unilaterally cancel this Agreement for refusal by the LOCAL GOVERNMENT 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 LOCAL GOVERNMENT in conjunction with this Agreement. c. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto. d. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining provisions hereof. e. Time is of the essence in the performance of all obligations under this Agreement. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The LOCAL GOVERNMENT 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: Page 6 of 8 09n4100 STATE OF FLORIDA DEPAR IMEN I OF TRANSPORTATION HIGHWAY ILLUMINATION SERVICES AGREEMENT (Government Entity) If to the LOCAL GOVERNMENT: City Engineer CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 If to the FDOT: Florida Department of Transportation District Traffic Operations Engineer 719 S. Woodland Boulevard MS 3-562 DeLand, FL 32720-6834 8. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the LOCAL GOVERNMENT 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 LOCAL GOVERNMENT hereby represents that no change has been made to the text of this document except through the terms of the Appendix entitled "Changes To Form Document." Page 7 of 8 00/14/00 STA I E OF FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY ILLUMINATION SERVICES AGREEMENT (Government Entity) IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. LOCAL GOVERNMENT: CITY OF OCOEE, FLORIDA BY: (Signature) DATE: ( S. Scott Vandergrift ) (Typed Title: Mayor ) Approved By the Ocoee City Commission At a Meeting Held on , 2000 Attested: Under Agenda Item No. (Title) Recommend Approval by the District Utility Office BY: (Signature) DATE: William P. Richards, P.E., District Utility Engineer Reviewed: BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: (Typed Name: ) (Typed Title: ) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: DATE: (Typed Name: ) (Typed Title: ) Page 8 of 8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM No nc omae LITI REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS Rev 0 ,oa COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (Appendix A of Assurances) Financial Project ID: 239289-1-58-02 Federal Project ID: N.A. Work Program Item No. (old): 5114525 County/Section No: ORANGE /75250 State Job No. (old): 75250-6525 District Document No: 4 During the performance of this Agreement,the Utility Agency Owner(UAO),for itself,its assignees and successors in interest (hereinafter referred to as the UAO), agrees as follows: (1) Compliance with Regulations: The UAO will comply with the Regulations of the FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT)relative to nondiscrimination in Federally-assisted programs of the DEPARTMENT(Title 49,Code of Federal Regulations, Part 21,hereinafter referred to as the"Regulations"), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The UAO,with regard to the work performed by it after award and prior to completion of the UAO work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors, including procurement of materials or leases of equipment. The UAO will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,including employment practices when the contract covers a program set forth in Appendix A 8, B of the Regulations. (3) Solicitations: In all solicitations either by competitive bidding or negotiation made by the UAO for work to be performed under a subcontract,including procurement of materials and leases of equipment,each potential subcontractor or supplier shall be notified by the UAO of the UAO's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) Information and Reports: The UAO will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the DEPARTMENT or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of the UAO is in the exclusive possession of another who fails or refuses to furnish this information, the UAO shall so certify to the DEPARTMENT or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the UAO's noncompliance with the nondiscrimination provisions of paragraphs (1) through (4), the DEPARTMENT shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the contractor under the Agreement until the UAO complies; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: The UAO will include the provisions of paragraph (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, order or instructions issued pursuant thereto. The UAO will take such action with respect to any subcontract, procurement or lease as the DEPARTMENT or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance;provided,however,that in the event the UAO becomes involved in,or is threatened with,litigation with a subcontractor,supplier or lessor as a result of such direction,the UAO may request the State to enter into such litigation to protect the interests of the State, and, in addition, the UAO may request the United States to enter into such litigation to protect the interests of the United States.