HomeMy WebLinkAboutV(C) Approval and Authorization for Renewal of the State Highway Lighting, Maintenance, and Compensation Agreement Work Order for State Fiscal Year 2004-2005 Agenda 06-15-2004
Item V C
Mayor be center of Good Li Commissioners
S. Scott Vandergrift Danny Howell, District 1
Scott Anderson, District 2
Acting City Manager Rusty Johnson, District 3
V. Eugene Williford, III Nancy J. Parker, District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: Robert B. Zaitooni, P.E., Deputy Director Public Works
DATE: June 15, 2004
RE: Renewal of State Highway Lighting, Maintenance, and Compensation Agreement
Work Order for State Fiscal Year 04/05
ISSUE:
Should the Honorable Mayor and the City Commissioners approve renewal of the State
Highway Lighting, Maintenance, and Compensation Agreement Work Order for State Fiscal
Year 04/05 for$17,043.89?
BACKGROUND AND DISCUSSION:
This is the second renewal of the State Highway Lighting, Maintenance, and Compensation
Agreement between State Department of Transportation and City of Ocoee for maintenance of
lighting fixtures on State highways. The original Agreement was executed in August of 2002 by
the City Commission.
The compensation for this Work Order is$17,043.89 which reflects a 3% increase over the
previous Work Order.
RECOMMENDATION:
Staff respectfully requests the Honorable Mayor and City Commission approve the second Work
Order; and authorize Mayor and City Clerk to execute the Work Order for the amount
$17,043.89.
Attachment: Renewal Forms
City of Ocoee Public Works,301 Maguire Road,Ocoee,FL 34761
Phone:(407)905-3170,Fax:(407)905-3176
www.ci.ocoee.fl.us
111°1101h
Florida Department of Transportation
JEB BUSH District Construction Office JOSE ABREU
GOVERNOR 719 S.Woodland Blvd.,(MS 3-506) SECRETARY
386/943-5350
May 20,2004
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 04/05)
Financial Project ID: 413615-6-72-03
Contract Number: AM-626
FEID No.: VF-596019764-002
Work Order for Fiscal Year 04/05
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 04/05 paid under this Work Order is $17,043.89. This amount
reflects a 3%increase from the previous year. The compensation period for this work order will begin from
July 1,2004, and expire June 30, 2005.
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 7,2004.
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 04/05)
Contract Number: AM-626
Page Two
If you wish to receive payment for the Fiscal Year 03/04 Work Order,please submit an invoice to this
office anytime after May 19,2004. Invoices for Fiscal Year 03/04 must be received no later than December
27,2004. 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
SEE ArrA cHtP
IAS iJIA Concurrence By:
A a yma ,P.E.
District Maintenance nginee
Typed Name:
cc: Chris Webb Title:
Local Maintenance Unit
Phone:
Date: / /
www.myflorida.com
CITY OF OCOEE, FLORIDA
She Cepter of Good Li
OCQ
. ,
STATE HIGHWAY LIGHTING,MAINTENANCE,AND COMPENSATION AGREEMENT
Financial Project ID: 413615-6-72-03
Contract No.: AM-626
FEID No. : VF-596019764-002
Work Order for State Fiscal Year 04/05 (July 1,2004 to June 30,2005)
Amount: $17,043.89
ATTEST:
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE,FLORIDA
APPROVED AS TO FORM AND LEGALITY
This day of , 2004
FOLEY& LARDNER
By:
City Attorney
City of Ocoee Public Works,301 Maguire Road,Ocoee,FL 34761
Phone:(407)905-3170,Fax:(407)905-3176
www.ci.ocoee.fl.us
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form ND 710.010.30
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION mh'e'
Rev.5.02
AGREEMENT
THIS AGREEMENT,entered into this t-G day of u`sE ,year of E a . , by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,hereinafter referred to as the "FDOT",and
City of Ucoee , hereinafter referred to as the"MAINTAINING
AGENCY":
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;
D
NOW,THEREFORE,in consideration of the premises and the mutual covenants contained herein,the FDOT and the
MAINTAINING AGENCY hereby agree as follows:
1. 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 FDOT, 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 FDOT 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.
Pa of 5
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No 716070-30
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION 'JIMW'
Rear.102
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 FOOT agrees to pay to the MAINTAINING AGENCY a lump sum of$ 4,462.50 for the fiscal year
in which this Agreement is signed (fiscal year as referenced in this Agreement shall be FDOT's fiscal year).
b. For each future fiscal year, the FDOT 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
FOOT 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 FDOT at all times during the period of this Agreement
and br 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 FOOT upon request.
4. Invoicing
Upon receipt,the FOOT has five(5)working days to inspect and approve the goods and services.The FOOT 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
FDOT.
•
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 FDOT,during any fiscal year, shall not expend money, incur any liability, or enter into any contract which,by its
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4.
STATE OF n ORIOA DEPARTMENT OF TRANSPORTATION Form No 710-010.10.
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION
Rev S-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 for in succeeding fiscal years,and this paragraph shall
be incorporated verbatim in all contracts of the FOOT 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 FOOT 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 FDOT 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 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.
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
P.y.1 o4 S
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No 7¶0.01030.
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION
RCq SO2
AGREEMENT
access shall be grounds for immediate unilateral cancellation of this Agreement by the FDOT.
ma 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.
ma 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.
ma 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
ma 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.
ma 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 pr 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.
® Nothing herein shall be construed as a waiver of either party's sovereign immunity.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No 710.010.30.
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATIONU0`""
Rev.5-02
AGREEMENT
9. Certification
This document is a printout of an FOOT form maintained in an electronic format and all 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:
G 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: (Signature) SEE ATTACHED SIGNATURE. PM F DATE:
(Typed Name: )
(Typed Title: )
Recommend Approval by the District
/
BY: (Signature) - DATE: � 2 S�
(Typed Name: Geor a M. Gi lhoolev )
(Typed Title: District Director of Operations )
a
/
FOOT Legal Review
/ ' IP VI—VCe_
BY: (Signature) DATE:
District CoonZOc7
l
(Typed Name: \CC_ )
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IN WITNESS WHEREOF,the parties hereto cause these presents to be signed on the
date specified.
APPROVED
e----:." . c,721-- ,,_„„(4t_____
S. SCOTT V NDERGRIFT, MAYOR
CITY OF OCOEE,FLORIDA
ATTEST
I /
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.
J. GRAF IN, CI ' CLERK
Y OF OCOEE, FLORIDA
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,
FLORIDA. APPROVED AS TO
FORM AND LEGA ITY T IS
DAY OF C:
20 '
FOLEY • LARDNER
,,,,, . ,4. if
BY:
City Attorney
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON AuCus`r to , 206a
UNDER AGENDA ITEM NO.
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