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HomeMy WebLinkAboutItem #06 Approval and Authorization for an Agreement with the FDOT in connection with the Widening of SR50 that will Upgrade the Traffic Signal Installation at Vizcaya Lakes Blvd. \e center, of Good zIV AGENDA ITEM COVER SHEET Meeting Date: January 4, 2011 Item # Reviewed By.. Contact Name: Al Butler, CIP Manager Department Director: ,, 4 Contact Number: 407 - 905 -3100, ext. 1543 City Manager: Subject: Approval of and authorization for the Mayor to execute an Agreement with the Florida Department of Transportation in connection with the widening of SR 50 that will upgrade the traffic signal installation at Vizcaya Lakes Blvd. to use mast arm structures. (District 2 — Wilsen) Background Summary: The Florida Department of Transportation (FDOT) plans to widen SR 50 through the City of Ocoee. The first part of the project will widen SR 50 from east of the entrance to the West Oaks Mall to Good Homes Road. We expect this project to begin in mid -2012. FDOT has agreed to allow the City of Ocoee to pay the additional cost of using mast arm traffic signals at the one included signal - controlled intersection, which is SR 50 at Vizcaya Lakes Blvd. The difference in cost between the strain pole installation originally planned by FDOT and the mast arm installation desired by the City is $12,430. FDOT has agreed to pay the additional costs of modifying the plans. The City's only cost is the difference in price between strain poles and steel mast arms. Issue: The Engineering Department has proposed that the City enter into an Agreement with FDOT to modify the plans to include a mast arm traffic signal configuration at the intersection of SR 50 and Vizcaya Lakes Blvd.. Recommendations The Engineering Department recommends that the City Commission authorize the Mayor to execute the Agreement to upgrade the planned traffic signal installation to include mast arms. Attachments: • Locally Funded Agreement. Financial Impact: The additional cost of the mast arm signal installation is $12,430, which is based on the current average prices for strain pole and mast arm signal installations. Under the current production schedule calling for bid advertisement to occur on March 1, 2012, and the 60 -day advanced payment requirement of the Agreement, the City will be required to make a payment of $12,430 in December 2011. These funds will be included in the proposed FY 2011 capital budget for the City. The City will also be responsible for any increase in prices prior to bid advertisement and would receive a rebate for any decrease in prices. 1 Type of Item: (please mark with an 'x') Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction X 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 2 FM #: 239535- 5 -52 -01 Original Draft: 12/6/2010 Page 1 of 10 Revised: 12/15/2010 Agency: City of Ocoee Fund: LF Financial Management No.: Vendor No: F596019764 -002 Contract Amount: $12,430.00 239535- 5 -52 -01 LOCALLY FUNDED AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF OCOEE This AGREEMENT, made and entered into this day of , 2011, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the "DEPARTMENT ") and the CITY OF OCOEE, a Florida Municipal Corporation (hereinafter referred to as the "LOCAL GOVERNMENT "), WITNESSETH: WHEREAS, the Parties have been granted specific legislative authority to enter into this Agreement pursuant to Section 339.12, Florida Statutes; and WHEREAS, the LOCAL GOVERNMENT has authorized its officers to execute this Agreement on its behalf as approved by the Ocoee City Commission on , 2011 under Agenda Item No. ; and WHEREAS, the DEPARTMENT is prepared, in accordance with its Adopted Five Year Work Program, to undertake the project described as: "State Road 50 Widening Project from East of West Oaks Mall to West of Good Homes Road ", said project being known as Financial Management (FM) Number 239535- 5- 52 -01, hereinafter referred to as the "Project "; and WHEREAS, the Project is not revenue producing and is contained in the Adopted Work Program; and WHEREAS, the implementation of the Project is in the interests of both the DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious, and economical for the LOCAL GOVERNMENT to provide the funds to: Upgrade Standard FDOT Concrete Strain Pole Signals to Painted Galvanized Mast Arm Structures at the Intersection of State Road 50 and Vizcaya Lake Road, in Fiscal Year 2012/2013, and said improvements shall hereinafter be referred to as the "Additional Improvements "; and WHEREAS, in order to maintain uniformity throughout the Project and to provide for the Additional Improvements in a cost effective manner, the LOCAL GOVERNMENT desires to have FM #: 239535- 5 -52 -01 Original Draft: 12/6/2010 Page 2 of 10 Revised: 12/15/2010 said Additional Improvements made a part of the Project and to provide funding to the DEPARTMENT to be used for the Additional Improvements as described in "Exhibit A "; NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint participation of this Agreement, the parties agree as follows: 1. The terms of this Agreement shall begin upon the date of signature of the last party to sign and shall remain in full force and effect through completion of all services required of the LOCAL GOVERNMENT. The DEPARTMENT may, at any time and at any stage, amend or terminate the Project in whole or in part if the DEPARTMENT determines that such action is in the best interests of the public. 2. The DEPARTMENT shall cause the Additional Improvements described in Exhibit "A" to be incorporated into the DEPARTMENT'S plans for the State Road 50 Widening Project from East of West Oaks Mall to West of Good Homes Road and to be constructed as a part of said Proj ect. 3. The LOCAL GOVERNMENT agrees to inspect, maintain, maintain paint, repair and replace the painted galvanized mast arms in perpetuity in accordance with the terms of the Traffic Signal Maintenance and Compensation Agreement previously signed by the parties hereto. The parties agree that, upon installation, the painted galvanized mast arm structures shall be owned by the DEPARTMENT and the DEPARTMENT shall be entitled to inspect the mast arm structures at all times. 4. The DEPARTMENT shall perform necessary preliminary engineering, prepare any and all design plans, acquire all necessary right -of -way, perform the construction, provide all necessary engineering supervision, and otherwise perform all other necessary work, all as may be applicable for the Project as previously defined. The Project as previously defined may include some or all of the foregoing activities. Nothing herein shall be construed as requiring the DEPARTMENT to perform any activity which is outside the scope of the Project as previously defined. Except as specifically stated otherwise in this Agreement, all such activities shall be performed by such entities, at such times, in such manner, under such conditions, and pursuant to such standards as the DEPARTMENT, in its sole discretion, deems appropriate. The LOCAL GOVERNMENT shall not have any jurisdiction or control over the DEPARTMENT'S activities, except as specifically stated in this Agreement. The LOCAL GOVERNMENT shall be entitled to be advised of the progress of the Project at reasonable intervals upon request. FM #: 239535- 5 -52 -01 Original Draft: 12/6/2010 Page 3 of 10 Revised: 12/15/2010 5. Participation by the LOCAL GOVERNMENT of the funds for the construction phase of the Project shall be made as follows: (A) The DEPARTMENT'S current estimate of the Additional Improvements cost is $12,430.00 (Twelve Thousand Four Hundred Thirty Dollars and No /100). The DEPARTMENT'S performance and obligation to construct the Project is contingent upon an annual appropriation by the Florida Legislature. The parties agree that in the event funds are not appropriated to the DEPARTMENT for the Project, this Agreement may be terminated, which shall be effective upon the DEPARTMENT giving written notice to the LOCAL GOVERNMENT to that effect. (B) The LOCAL GOVERNMENT agrees that it will, at least sixty (60) calendar days prior to the DEPARTMENT'S advertising the project for bid, furnish the DEPARTMENT an advance deposit in the amount of $12,430.00 (Twelve Thousand Four Hundred Thirty Dollars and No /100) for full payment of the estimated cost of the Additional Improvements. The advance deposit shall be the total estimated cost for the Additional Improvements. The DEPARTMENT may utilize this deposit for payment of the cost of the Additional Improvements. (C) Both parties further agree that in the event the Additional Improvements are not constructed or this Agreement is terminated prior to commencement of construction of the Project, the funds provided by the LOCAL GOVERNMENT for construction of the Additional Improvements will be returned to the LOCAL GOVERNMENT. However, in the event the LOCAL GOVERNMENT decides not to participate in the Additional Improvements of the Project prior to construction, the LOCAL GOVERNMENT agrees to furnish the DEPARTMENT 25% (twenty five percent) of the estimated Additional Improvements cost to cover the extra cost associated with design plan revisions. The LOCAL GOVERNMENT will provide the 25% charge to the DEPARTMENT within fourteen (14) calendar days of notification that the LOCAL GOVERNMENT will not participate in this Agreement. If in the event the LOCAL GOVERNMENT has made the advance deposit required herein prior to their decision not to participate, the DEPARTMENT shall be entitled to retain 25% of the advance deposit amount and to remit the 75% balance to the LOCAL GOVERNMENT. (D) If the accepted bid amount for the Additional Improvements is in excess of the advance deposit amount, the LOCAL GOVERNMENT will provide an additional FM #: 239535- 5 -52 -01 Original Draft: 12/6/2010 Page 4 of 10 Revised: 12/15/2010 deposit within fourteen (14) calendar days of notification from the DEPARTMENT or prior to posting of the accepted bid, whichever is earlier, so that the total deposit is equal to the bid amount. The DEPARTMENT will notify the LOCAL GOVERNMENT as soon as it becomes apparent the accepted bid amount is in excess of the advance deposit amount; however, failure of the DEPARTMENT to so notify the LOCAL GOVERNMENT shall not relieve the LOCAL GOVERNMENT from its obligation to pay for its full participation. If the LOCAL GOVERNMENT cannot provide the additional deposit within fourteen (14) days, a letter must be submitted to the DEPARTMENT'S Project Manager indicating when the deposit will be made. The LOCAL GOVERNMENT understands the request and approval of the additional time could delay the Project, and additional costs may be incurred due to delay of the Project. (E) If the accepted bid amount for the Additional Improvements is less than the advance deposit amount, the DEPARTMENT will refund the amount that the advance deposit exceeds the bid amount if such refund is requested by the LOCAL GOVERNMENT in writing. (F) Should Project modifications or changes to bid items occur that increase the LOCAL GOVERNMENT'S share of total Additional Improvements costs, the LOCAL GOVERNMENT will be notified by the DEPARTMENT accordingly. The LOCAL GOVERNMENT agrees to provide, without delay, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund its share of the Project. The DEPARTMENT shall notify the LOCAL GOVERNMENT as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the DEPARTMENT to so notify the LOCAL GOVERNMENT shall not relieve the LOCAL GOVERNMENT from its obligation to pay for its full participation during the Project and on final accounting as provided herein below. (G) The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty days (360) of final payment to the Contractor. The DEPARTMENT considers the Project complete when the final payment has been made to the Contractor, not when the construction work is complete. All Project cost records and accounts shall be subject to audit by a representative of the LOCAL GOVERNMENT for a period of three (3) years after final close out of the Project. The LOCAL GOVERNMENT will be notified of the FM #: 239535- 5 -52 -01 Original Draft: 12/6/2010 Page 5 of 10 Revised: 12/15/2010 final cost of the Additional Improvements. Both parties agree that in the event the final accounting of total Project costs pursuant to the terms of this Agreement is less than the total deposits to date, a refund of the excess will be made by the DEPARTMENT to the LOCAL GOVERNMENT. If the final accounting is not performed within three hundred and sixty (360) days, the LOCAL GOVERNMENT is not relieved from its obligation to pay. (H) In the event the final accounting of total Additional Improvements cost is greater than the total deposits to date, the LOCAL GOVERNMENT will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The LOCAL GOVERNMENT agrees to pay interest at a rate as established pursuant to Florida Statutes, Section 55.03, on any invoice not paid within forty (40) calendar days until the invoice is paid. of funds under this Locally Funded Agreement The payment y reement will be made g directl to the DEPARTMENT for deposit. Y P (J) The DEPARTMENT and the LOCAL GOVERNMENT agree that the payment shall be an asset of the DEPARTMENT for the cost of the work. (K) Contact Persons: Florida Department of Transportation Shirley Matthews David Cooke JPA Coordinator/MS 4 -521 Project Manager/MS 542 719 South Woodland Boulevard 719 South Woodland Boulevard DeLand, Florida 32720 -6834 DeLand, Florida 32720 -6834 PH: (386) 943 -5452 PH: (386) 943 -5255 shirley.matthews @ dot.state.fl.us david.cooke @dot.state.fl.us Local Government City of Ocoee Al Butler, CIP Manager 150 North Lakeshore Drive Ocoee, Florida 34761 PH: 407 - 905 -3100 ext. 1543 jabutler@ci.ocoee.fl.us 6. All tracings, plans, specifications, maps, models, reports, or other work product prepared or obtained under this Agreement shall be considered works made for hire for the DEPARTMENT and shall at all times be and remain the property of the DEPARTMENT without FM #: 239535- 5 -52 -01 Original Draft: 12/6/2010 Page 6 of 10 Revised: 12/15/2010 restriction or limitation on their use. The LOCAL GOVERNMENT may, however, inspect those materials upon providing reasonable advance notice to the DEPARTMENT. 7. In the event this Agreement is in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) or has a term for a period of more than one (1) year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated as follows: "The DEPARTMENT, 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 and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the Department 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 DEPARTMENT 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." 8. The DEPARTMENT 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 such party in conjunction with this Agreement. 9. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof, and incorporates and includes all proper negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein. The parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. 10. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. Any provision herein determined by a court of competent jurisdiction, or any other legally constituted body having jurisdiction, to be invalid or unenforceable shall be severable and the remainder of this Agreement shall remain in full force and effect, provided that the invalidated or unenforceable provision is not material to the intended operation of this Agreement. FM #: 239535- 5 -52 -01 Original Draft: 12/6/2010 Page 7 of 10 Revised: 12/15/2010 IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement this day of , 2011, and the DEPARTMENT has executed this Agreement this day of , 2011. CITY: STATE OF FLORIDA CITY OF OCOEE, FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Name: S. Scott Vandergrift Name: George S. Lovett Title: Mayor Title: Director of Transportation Development Attest: Attest: Beth Eikenberry, City Executive Secretary (Seal) Approved by the Ocoee City Commission at a meeting held on , 2011 under Agenda Item No. FOLEY & LARDNER LLP Legal Review: By: City Attorney Department Attorney Financial Provisions Approval by Depai ttitent of Comptroller on: FM #: 239535- 5 -52 -01 Original Draft: 12/6/2010 Page 8 of 10 Revised: 12/15/2010 Exhibit "A" SCOPE OF SERVICES Mast Arm Signal Upgrades FM #: 239535- 5 -52 -01 The LOCAL GOVERNMENT wishes to upgrade from standard FDOT concrete strain pole signals to painted galvanized mast arm structures at the Intersection of State Road 50 and Vizcaya Lake Road. The LOCAL GOVERNMENT shall pay the DEPARTMENT for the difference between the standard concrete strain poles signals and the painted galvanized mast arm signals. The DEPARTMENT'S Contractor shall construct the Additional Improvements as part of the SR 50 re- construction and six - laning contract at the above referenced intersection. The LOCAL GOVERNMENT is responsible for the cost difference between the standard FDOT concrete strain pole signals and the painted galvanized mast arm structures. The LOCAL periodic maintenance (as explained GOVERNMENT shall be responsible for preventive a nd p ( p below), in perpetuity, of the painted galvanized mast arm signals, as stated in the Traffic Signal Maintenance and Compensation Agreement previously signed by the parties hereto, and as explained below. Preventative Maintenance includes but is not limited to: Repainting or spot painting; tightening of nuts and replacing nuts and bolts (not including anchor bolts); replace missing cap covers and access hole cover plates; Cleaning; Removal of soil built up around foundations (lighting, signs and connections); Repair and/or removal of grout pads; vermin guard installation; tree trimming; response to traffic impact; wiring issues, including improper grounding; reattaching anchor bolt covers and access hole covers. Periodic Maintenance includes but is not limited to: Repair of cracks in mast arm structure; resetting of anchor bolts; repair or replacement of deteriorated anchor bolts; repair of arm; and replacement of mast arm; and address improper standoff distance. FM #: 239535- 5 -52 -01 Original Draft: 12/6/2010 Page 9 of 10 Revised: 12/15/2010 The LOCAL GOVERNMENT shall be responsible for the replacement of the entire mast arm assembly in case the need to replace the mast arm(s) is due to the local government failure to properly maintain the mast arm structure. The DEPARTMENT and/or its consultant will perform routine inspections (every five (5) years) and non - routine inspections (at any time) on the subject mast arms. As a result of these inspections and according to the Procedure No 850- 010 -030 -g (Bridge and other Structures Inspection and Reporting) the DEPARTMENT will issue Work Orders (WO) to the LOCAL GOVERNMENT to repair /replace any of the mast arm assembly items (structural and non structural). The LOCAL GOVERNMENT will be given a time frame to properly address the required repairs /replacements based on the DEPARTMENT'S WO priority as follows: • Priority 1(Emergency): Repair /replacement work must start immediately and shall be completed within 60 days of the WO date. • Priority 2 (Urgent): Repair /replacement work requires immediate attention and shall be completed within 180 days of the WO date. • Priority 3 (Routine): Shall be completed within 360 days of the WO date. • Priority 4 (Informational): There is no time limit to complete the work. FM #: 239535- 5 -52 -01 Original Draft: 12/6/2010 Page 10 of 10 Revised: 12/15/2010 Exhibit "B" Estimate FM #: 239535- 5 -52 -01 SUMMARY OF ESTIMATED BID PRICES FOR MAST ARMS The estimate is based on Statewide and District Average Bid Price for the following items times an escalation to bring the cost up to the construction fiscal year. ESTIMATED COST Estimated Description Quantity Unit Price Cost Mast Arm, F &I, WS- 130,Dbl Arm, W/O LU-46 -70.5 1 $26,675 $26,675 Mast Arm, F &I, WS -130, single Arm, W/O LU -60 1 $19,475 $19,475 Total $46,150 Strain Pole- P -VIII- 56' 4 $7,255 $29,020 Span Wire — 2pt Box Span 1 $4,700 $4,700 Strain pole credit $33,720 LFA Estimate $12,430 Note: This is only an estimate and is subject to change based on actual bid prices.