HomeMy WebLinkAboutVII (C 1 & 2) SR438: Authorization to Execute Resolution No. 2002-01 re Utility Agreement; Authorization t Execute Highway Illumination Services Agreement Agenda 02-05-2002
Item VII C I&2
"CENTER OF GOOD LIVING-PRIDE OF HEST ORANGE" MAYOR•CO\IM]ss[ONER
Ocoee S-SCGI F VANDERGRIFT
O�
.� o CITY OF OCOEE It11Sb1O
c...�r > DANNY I AVEL],
nI50 N. LAKESIloft[DRrvI[ SCOST ANDERSON
OCOEL, FLORIDA 34761-2258 RUSTY JOHNSON
���5' (407)905-3100 NANCY 1. PARKER
Of 6000�N C'rn'hLsN ER
JIM GLEASON
- MEMORANDUM
DATE: January 28, 2002
TO: The Honorable Mayor and Board of City Commissioners
FROM: James W. Shira, P.E., City Engineer/Utilities Director e(
SUBJECT: FDOT Highway Lighting Agreement — State Road 438 (Silver Star)
Attached for your review and action are two documents pertaining to the proposed
agreement between Ocoee and FDOT for roadway lighting on Silver Star Road.
As you may recall, we had an agreement with FDOT for roadway lighting until it was
abruptly rescinded by FDOT for budgetary reasons a little over a year ago.
In the intervening time, Mr. Gleason has worked with Representative Randy Johnson
and Mr. Mike Snyder, FDOT District Secretary, to come up with an agreement that
satisfies all parties.
The attached agreement calls for Ocoee to install roadway lighting that meets FDOT
illumination and safety standards, after which FDOT will pay $316,000.00 to Ocoee.
Based on our discussions with Florida Power a year ago, we believe that a lighting
system that meets the above criteria as well as our more stringent aesthetic
requirements can be installed for less than $316,000.00. Any funds remaining were
planned a year ago, to be used to pay for the monthly operating cost of the lights.
This Agreement places no burden on the City to do anything with regard to design or
construction until FDOT has first assured the City that funds have been appropriated for
that purpose. Conversely, the Agreement places no constraint on FDOT to have funds
available in any particular year.
The attached Resolution simply states that the City has authorized th- Mayor to execute
the Agreement. This is a standard FDOT form that they want attache.N, all of their
Agreements.
POW," ��
i rc IN Rine? I P.F014r.e If\
I recommend that the City Commission:
1. Adopt the attached RESOLUTION — UTILITY AGREEMENT, and
2. Authorize the Mayor and City Clerk to execute the attached HIGHWAY
ILLUMINATION SERVICES AGREEMENT.
JWS/jbw
Attachments
POW-r
IYn[EC Ocoee s'Fate Hcv,ur[Ei
'In '
CONSULTANTS GAIConsultants - Southeast
January 16, 2002 201 6,.1 fine Sucm.Suin.20
Project No. 99230.00 curl,a�J,.. PL r_,,ol 2715
42r4'i-.•,aS
PAX 407h4 L 1 CJ
Mr. James Shim, P.E.
L-A-bu LI'.rwrotcrlegt,iccom
City Engineer Worll WiJu W,ls
City of Ocoee
150 N. Lakeshore Drive r�
Ocoee, FL 34761 E C LS O V E
Ref: FDOT's Highway Illumination Service Agreement
FP1D 239289-I a JHitl 1 7 2002
SR 438 from West of Clarke Road to Hiawassee Road
Orange County, Florida
Dear Mr. Shim:
Enclosed arc the Department's Highway Illumination Service Agreements to be used for the City of
Ococe's service on the portion of SR 438 (Silver Star Road) which lies within the City limits. As
we have discussed, this Agreement is for the design, installation, and maintenance of a roadway
illumination system which shall meet the FDOT's requirements.
As you know, funds arc not currently available for this Agreement. However, upon completion of
the Agreement,the Department will initiate the transfer of funding procedures. The City should not
begin its design of the roadway lighting system until notified by the Department of Transportation.
The notification from the Department will also outline the minimum lighting requirements, and
approval procedure to be used by the City of Ocoee.
Please have the enclosed Resolution and Highway Illumination Service Agreement placed on the
next available Agenda of the Ocoee City Commission. If you have any questions on this matter,
please do not hesitate to give me a telephone call or e-mail. All four executed copies of the
Agreement should be returned to GAI-SE, for delivery to the correct office of FDOT.
Sincerely,
GAI Consultants-Southeast, Inc.
// �
John A.—Murphy '--
Utility Coordinator
Enc: 4 Copies - Highway Illumination Services Agreement
2 Copies - Resolution, Utility Agreement
cc: Joe Nero/Staci Nestor- FDOT District 5 Utility Office
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SrAm OF Fl ORIDA DEPARTMENT OF I RANSI'OR I Al ION
RESOLUTION
UTILITY AGREEMENT
FIN. PROD. ID SECTION # STATE RD. COUNTY DOC:NC) FAP r
239289-1-58-01 75250 438 ORANGE 5 N'A
WHEREAS,the State of Florida Department of if ranspo tation,hereinafter referred to as the"FDOT",
proposes to construct or reconstruct a transportation facility identified above, hereinafter referred to as the
Project"; and
WHEREAS, the FDOT desires to have the section of State Road 438 illuminated as part of the
Project,it is necessary for CITY OF OCOEE,hereinafter referred to as the"UAO", to execute and deliver to
the FDOT the agreement identified as HIGI I WAY ILLUMINATION SERVICES AGREEMENT,hereinafter
referred to as the "Agreement";
NOW, THEREFORE, BE IT RESOLVED BY THE UAO:
That inamc) (title) be
hereby authorized and directed to execute and deliver the Agreement to the FDOT.
A certified copy of this Resolution shall be forwarded to the FDOT along with the executed Agreements.
ON MOTION of,seconded by,the above Resolution was introduced and passed by the UAO on the day
of 2002.
NAME:
Title:
ATTEST:
Title:
OPII
S I;I E OP FLORIDA DEPARD!FNT OF TRANSPORTATION
HIGHWAY ILLUMINATION SERVICES AGREEMENT
(Government Entity)
Financial Project ID: 239289 1 58 01 Federal Project ID: NIA
Work Program Item No. (old): 5114625 County/Section No: ORANGE/75250
State Job No. (old): N/A District Document No: 5
THIS AGREEMENT, entered into this day of , by and between the STATE C
FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT", al
CITY OF OCOEE ,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 Roar
identified as Section 75250,Financial Project No.: 239289 1 52 01, FAP No.: N/A ,hereinafter referred to as t
"Project"; and
WHEREAS, the FOOT desires to have the section of said State Road fro
West of Clarke Road to east of Covetry Lane(City Limits)which is included in the Project(said section of said St:
Road to be hereinafter referred to as the "Road") illuminated as part of the Project, and desires to enter into
agreement for that service with the LOCAL GOVERNMENT in accordance with F.S. 287.057(3)(013; and
WHEREAS, the LOCAL GOVERNMENT has agreed to provide the services necessary to illuminate t
Road in accordance with the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, t
FDOT and the LOCAL GOVERNMENT hereby agree as follows:
1. Provision of Illumination Services
a. The LOCAL GOVERNMENT shall illuminate the Road in accordance with FDOT standar(
Subject to the terms and conditions contained herein, illumination services shall continue until su
time as FOOT notifies the LOCAL GOVERNMENT to discontinue the illumination sendces.
b. The LOCAL GOVERNMENT shall be responsible for taking any and all actions as may
necessary to illuminate the Road, including, but not necessarily limited to, installation of so
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 LOC;
GOVERNMENT shall provide such information (including a proposed work schedule) as
requested by the FOOT in order for the FOOT to verify that the illumination is acceptable and will
in accordance with FDOT standards,and that all work to be performed on FDOT right of way will
performed properly in accordance with FDOT standards for performance of such work. The LOCF
GOVERNMENT shall make such changes to the proposed illumination as FOOT requests.
Page 1 of 9
0'. I
SrA'IF.OF FLORIDA[MAAR I.MEN,OI'1 p NSPORTA1 ION
HIGHWAY ILLUMINATION SERVICES AGREEMENT
(Government Entity)The d. LOCAL
GOVERNMENT
facilities appropriate
the
FOOT office writing
beginningr to
installation of the equipment and to povide hernafmn services and when
the LOCAL GOVERNMENT stops,resumes,or completes the work. The work shall he completed
within the time frame as specified in the schedule provided by the LOCAL GOVERNMENT to the
FDOT pursuant to subparagraph 1.c. above.
nce
h
terms and
his
e. In agreement,t that the
facilities on FOOT right of way to provide the illumination ination sconditions
ncces and thtos(
se of its right
mem
facilities
entered into to pay additional comnflict with pensation equal to the ocosts off way, Lpotectio supplemental adjustment,` o
relocation of said facilities in order to accommodate FOOT use of the right of way.
2. Cost of Illumination Services
The FOOT agrees to pay the LOCAL GOVERNMENT, after illumination services have begun, a singl,
319 000,00 This lump sum amount is based el
lumpe sum serviceol charge ofth in the with of$__1�
the current policies the FOOT with regard to the costs of roadway lighting that it can pay. 'In the evet-
that the policies of the FOOT change in the future as to what charges the FOOT can pay, then
supplemental agreement shall be executed to revise the cost for the provision of illumination service
thereafter to be consistent with FOOT policies. Any increase in costs under the supplemental ageemer:
shall be limited to the amount of increase costs that new policies allow for standard FOOT lighting systen-.
and no payment will be made for costs related to any upgrading of facilities done at the discretion of th.
LOCAL GOVERNMENT.
�. Invoice Procedures for Cost of Illumination Services
The following temrs and conditions apply to the invoice submitted pursuant to this Agreement for papme:
of the cost of illumination services:
al invoice to
ent
a. within one hundred aandNENT e eighty (180)all daysdaystafter illuminationthe
servicesFour
have commencef d cos
T
LOCAL GOVERNMENT waives all right of payment for invoices submitted more than oi
hundred eighty(180) days after illumination services have commenced.
triplicate and shall
ow the
scription
of the
ject a
b. Al where the records n d accounts invoiced lcan be �dited and a. Adeqteerefe reference shall
e locationshall
made in the invoicing to the LOCAL GOVERNMENT'S records, accounts, and other elec,
documents.
be
ned
n
he auditable condition for a
eriod of
c. yAll cost ears after final paymentis rece and accounts ived by the LOCAL GOOVERNMENI and shall be subject to ah
by a representative of the FOOT at any reasonable time during this three year period.
Page 2 of 9
OH n1
STATE OF FLORIDA DEPARTMENT OF l KANSPORTATION
IIIGHWAY ILLUMINATION SERVICES AGREEMENT
(Government Entity)
more than one (1) year. For t is propose,the individual work orders shall be considered to be the
binding commitment of funds.
m. PUBLIC ENTITY CREME 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 hid 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.
n. 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 perfomt
work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity.
4. Maintenance of Illumination Equipment and Facilities
The following terms and conditions shall apply to the equipment and facilities used to provide flu
illumination services after illumination services have begun:
a. The equipment and facilities shall at all times remain the property of and be properly protected an
maintained by the LOCAL GOVERNMENT in accordance with the then current Utilit
Accommodation Manual.
b. The LOCAL GOVERNMENT shall not engage in ally act or omission which in any way interfere
with the continued provision of illumination services,including,without limitation,granting rights I
third parties with respect to the equipment and facilities which interferes with the continue
provision of illumination services.
5. Default
a. In the event that the LOCAL GOVERNMENT breaches any provision of this Agreement,then
addition to any other remedies which are otherwise provided for in this Agreement,the FDOT m
exercise one or more of the following options,provided that at no time shall the FDOT be entitled
receive double recovery of damages:
Page 4 of 9
oi9rp_
ST'E OF FLORIDA DEPARTMENT OF TRANSPORIATION
HIGHWAY ILLUMINATION SERVICES AGREEMENT
(Government Entity)
(1) Terminate this Agreement if the breach is material and has not been cured within 60 days
from written notice thereof from FOOT.
(2) Pursue a claim for damages suffered by the FDOT or the public.
(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 placemen
of utilities on FDOT property if the breach is material and has not been cured within 60 day
from written notice thereof from FDOT.
(6) Pursue any other remedies legally available.
b. In the event that the FOOT breaches any provision of this Agreement, then in addition to any othe
remedies which are otherwise provided for in the Agreement, the LOCAL GOVERNMENT ma'
exercise one or more of the following options:
(1) Terminate this Agreement if the breach is material and has not been cured within 60 day
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 an
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 t
other agreements between the parties nor from any statutory obligations that either party may hay
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 perfon
under this Agreement to the extent such performance is prevented by an act of God, war, riots, natur
catastrophe, or other event beyond the control of the non-performing party and which could not have bet
avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse fro;
performance has (a) promptly notified the other party of the occurrence and its estimate duration, (I
promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resume
performance as soon as possible.
Page 5 of 9
Urn
S ATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
HIGHWAY ILLUMINATION SERVICES AGREEMENT
(Government Entity)
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 ar eement, and such compliance will be governed by the method marked below:
(X) 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 transmitted with the issued work order wilt 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 ofjust compensation forthe
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 th
Agreement for refusal by the LOCAL GOVERNMENT to allow public access to all document
papers, letters,or other material subject to the provisions of Chapter 119,Florida Statutes,and mad
or received by the LOCAL GOVERNMENT in conjunction with this Agreement.
c. This Agreement constitutes the complete and final expression of the patties with respect to tl-
subject matter hereof and supersedes all prior agreements, understandings, or negotiations wn
respect thereto.
d. This Agreement shall he governed by the laws of the State of Florida. Any provision hereof found-
be unlawful or unenforceable shall be severable and shall not affect the validity of the remainii
provisions hereof
e. Time is of the essence in the performance of all obligations under this Agreement.
Page 6 of 9
•
EDDO 01
STATE Cl FLORIDA DEPAR1N EN1 Or TRAVSPORI ATION
HIGHWAY ILLUMINATION SERVICES AGREEMENT
(Government Entity)
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:
If to the LOCAL GOVERNMENT:
City Engineer
City of Ocoee
150 N. Lakeshore Drive
Ocoee,FL 34761
If to the FDOT:
District Traffic Operations Engineer
Florida Department of Transportation District Office
719 S. Woodland Boulevard MS 3-562
DeLand,FL 32720-6834
g. The parties hereby acknowledge and agree that this agreement may be executed in advance of thc
fiscal year in which the work will be performed and in which the funds will be available to pay
for the services. Notwithstanding the signing of this agreement in advance of that fiscal year, thc
parties agree that the effectiveness of this agreement is contingent upon the funds being
appropriated and properly encumbered in that future fiscal year. In the event that the funds are
not budgeted or are not encumbered, no agreement will be deemed to have been formed and this
document shall be null and void. The effective date of this agreement that will be inserted herein
will be the date that the funds are encumbered and the act of encumbrance will be deemed the ac
of acceptance which forms a contract between the parties. Until that time, this agreement shall
constitute an irrevocable offer to enter into a contract. Failure to encumber the hinds in that
future year shall be deemed to be a rejection of the offer to enter into a contract. In the event the
execution of this agreement is delayed until the fiscal year in which the funds will be available,
acceptance of the offer will be deemed to have taken place and the agreement will be effective
upon the later of the execution of the agreement or encumbrance of the funds.
h. The Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination, as follows:
(1) If the Department requires termination of the Agreement for reasons other than
unsatisfactory performance of the Contractor, the Department shall notify the Contractor
of such termination, with instructions as to the effective date of work stoppage or specif
the stage of work at which the Agreement is to be terminated.
Page 7 of 9
O'..'
SI ATF OF FLORIDA OEPARTNIENT OF TRANSPORTATION
HIGHWAY ILLUMINATION SERVICES AGREEMENT
(Government Entity)
(2) If the Agreement is terminated before performance is completed, the Contractor shall be
paid for the work satisfactorily performed. Payment is to be on the basis of substantiated
costs, not to exceed an amount which is the same percentage of the contract price as the
amount of work satisfactorily completed is a percentage of the total work called for by the
Agreement. -
8. Certification
This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto M.
the LOCAL GOVERNMENT in the form of additions, deletions or substitutions are reflected only in ar
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 thiP
document except through the terms of the Appendix entitled "Changes To Form Document."
IN WITNESS WHEREOF,the parties hereto have executed this Agreement effective the day and year first written.
LOCAL GOVERNMENT: CITY OF OCOEE
BY: (Signature) DATE:
(Typed Name:
(Typed Title: ) Approved By The Ocoee
City Commission At a
Meeting Held On
,2002
Under Agenda Item
Attest By: Number:
(Typed Title)
Page 8 of 9
0111TI
STAFF OF FLORIDA DEP\R➢IENT OF TRANSPORTATION
HIGHWAY ILLUMINATION SERVICES AGREEMENT
(Government Entity)
Recommend Approval by the District Utilities 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: R.H. CORTELYOU
(Typed Title: DISTRICT DIRECTOR OF PRODUCTION )
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY: DATE:
(Typed Name:
(Typed Title:
Page 9 of 9