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HomeMy WebLinkAboutItem #06 Approval of Upgrading the Traffic Signals on SR 50 as Part of FDOT's Widening Project`` ', O(_`(W(> florlda AGENDA ITEM COVER SHEET Meeting Date: March 4, 2014 Item # ( o IC- Reviewed By. o ,' Contact Name: David A. Wheeler, P.E. Department Director:'y�- ✓`�'�'" Contact Number: 407 - 905 -3100, ext. 9 -1504 City Manager: ? Subject: Upgrading the Traffic Signals on SR 50 as part of FDOT's Widening Project (Districts 2 and 3 - Commissioners Wilsen and Johnson) Background Summary: The Florida Department of Transportation (FDOT) is finalizing its plans for the widening of SR 50 through the City of Ocoee from the entrance to the West Oaks Mall to SR 429. This project is expected to start construction in the fall of this year. FDOT has agreed to allow the City of Ocoee to pay the additional cost of using mast arm traffic signals instead of the standard strain pole traffic signal design at the five intersections within the project limits. Those five intersections are the entrance to the West Oaks Mall, Clarke Road, Blackwood Avenue, Bluford Avenue, and Maguire Road. The concrete poles with span wire supporting the signal heads is the standard design for FDOT on all Federal and State jurisdictional roads. The mast arm design utilizes a black metallic pole and arm to support the signal heads. The difference in cost between the standard strain pole installation originally planned by FDOT and the upgrade to mast arm installation desired by the City is $447,850.00. The City will also be responsible for any increase in cost prior to bid advertisement and would receive a rebate for any decrease in cost. FDOT has agreed to pay the additional costs of modifying the plans. This project and its related cost are already included in this fiscal year's budget. The first part of the widening project on SR 50 from east of the entrance to the West Oaks Mall to Good Homes Road is currently under construction. The City entered into a similar agreement with the FDOT to upgrade that project's only traffic signal. Issue: Should the City of Ocoee enter into an Agreement with the FDOT to pay for the upgrade of the traffic signals within the SR 50 widening project from a standard strain pole design to a mast arm design? Recommendations: The Engineering Department recommends that the City Commission approve the upgrade of the traffic signals under the FDOT's SR 50 widening project and authorize the Mayor and City Clerk to execute the Locally Funded Agreement Between the Siai(o of Florida Department o`r Transportation and the City of Ocoee to upgrade the traffic signal installations to mast arms and the Memorandum of Agreement between FDOT and the City which establishes financial guidelines for fund transfers and control and documentation for this project by FDOT. Attachments: 1) Locally Funded Agreement Between the State of Florida Department of Transportation and the City of Ocoee 2) Memorandum of Agreement Financial Impact: This project was approved by the City Commission in the 2013/14 Fiscal Year's Budget as project #34603. Under the current FDOT schedule, the project will advertise the end of June of this year and according to the Agreement the City will need to transfer the funds before May 15, 2014. Type of Item: (please mark with an `z') Public Hearing For Clerk's Dept Use: Ordinance First Reading XX Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by () N/A 2 FM# 239535- 3 -52 -01 Page I of 12 Original Draft: 7/24/2013 Revised: 2/24/2014 Agency: City of Ocoee Fund: LF Financial Management No.: Vendor No: F596019764 -002 Contract Amount: $447,850.00 239535- 3 -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 , 2014, 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, by certified copy of the City Commissioner's Board Meeting Minutes, a copy of which is attached hereto as Exhibit "C ", and made apart hereof, has authorized its officers to execute this Agreement on its behalf, and WHEREAS, the DEPARTMENT is prepared, in accordance with its Adopted Five Year Work Program, to undertake the project described as: "Widening and Reconstruction of State Road 50 from State Road 429 (Western Beltway) to east of West Oaks Mall, said project being known as Financial Management (FM) Number 239535- 3- 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 for: Upgrading from standard FDOT concrete strain pole signals to painted galvanized mast arm structures on State Road 50 at the intersections of Maguire Road, Bluford Avenue /Old Winter Garden Road, Blackwood Avenue, Clarke Road and West Oaks Mall, in Fiscal Year 2014/2015, said Project being known as FM# 239535- 3- 52 -01, and said improvements shall hereinafter be referred to as the "Additional Iin prove ments "; and WHEREAS, in order to maintain uniformity throughout the Project and to provide for the Additional Improvements in a cost effective manner, the LOCAL GOVEI2NMF,NT desires to have said FM# 239535- 3 -52 -01 Original Draft: 7/24/2013 Page 2 of 12 Revised: 2/24/2014 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 term 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 upgrading of standard FDOT concrete strain pole signals to painted, galvanized mast arm structures at 5 intersections on State Road 50 from Maguire Road to West Oaks Mall, and to be constructed as a part of said Project. 3. 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. 4. After construction is complete, the LOCAL GOVERNMENT agrees to inspect, maintain, maintain paint, repair and replace the galvanized mast arms in perpetuity in accordance with the terms of the Traffic Signal Maintenance and Compensation Agreement previously signed by the parties hereto and as specified in Exhibit "A ", Scope of Services. 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. 5. Participation by the LOCAL GOVERNMENT of the funds for the construction phase of the Project shall be made as follows: 1' M# 239535- 3 -52 -01 Page 3 o f 12 Original Draft: 7/24/2013 Revised: 2/24/2014 (A) The DEPARTMENT'S current estimate of cost for the Additional Improvements is $447,850.00 (Four Hundred Forty -Seven Thousand Eight Hundred Fifty 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 COUNTY to that effect. (B) The LOCAL GOVERNMENT agrees that it will, on or before but no later than May 15, 2014, furnish the DEPARTMENT an advance deposit in the amount of $447,850.00 (Four Hundred Forty -Seven Thousand Eight Hundred Fifty 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 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 for the Additional Improvements. The DEPARTMENT will notity the LOCAL GOVERNMENTL 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 1,CC'Al_, GO° , 'RNivIENT shall not FM# 239535- 3 -52 -01 Original Draft: 7/24/2013 Page 4 of 12 Revised: 2/24/2014 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 hnprovements 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 costs of the Additional Improvements, 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 the Additional Improvements. 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 final cost of the Additional Improvements. Both parties agree that in the event the final accounting of total costs for the Additional Improvements pursuant to the terms of this Agreement is less than the total deposits to date, a refund of the excess plus accrued interest 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 titan the iolal deposits plus accrued interest to date, the LOCAL GOVE'RNMEN'T will pay the FM# 239535- 3 -52 -01 Page 5 of 12 Original Draft: 7/24/2013 Revised: 2/24/2014 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. (I) The payment of funds under this Locally Funded Agreement will be made directly to the DEPARTMENT for deposit, and as provided in the attached MOA between the LOCAL GOVERNMENT, the DEPARTMENT and the State of Florida, Department of Financial Services, Division of Treasury. All interest earned will remain in the account for purposes of the Project. (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 Dianne Peek Contract Specialist /MS 4 -548 719 South Woodland Boulevard Deland, Florida 32720 -6834 PH: (386) 943 -5400 Dianne.peek@dot.state.fl.us David Cooke Design Project Manager /MS 542 719 South Woodland Boulevard DeLand, Florida 32720 -6834 P11: (386) 943 -5255 David.Cooke @dot. state. fl. us Local Government City of Ocoee David Wheeler, P.E., City Engineer Director of the Engineering Division 150 N. Lakeshore Drive Ocoee, Florida 34761 (407) 905 -3100 ext. 1504 DWheeler a,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 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 s,xpcn h cl money, inc• any liability, or enter into any contract which, by its terms, iitvolves d , -- ,penditurt ' in cxccss FM# 239535- 3 -52 -01 Page 6 of 12 Original Draft: 7/24/2013 Revised: 2/24/2014 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 fiends. 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 (l) 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. 11. The DEPARTMENT and the LOCAL GOVERNMENT acknowledge and agree to the following: (A) The LOCAL GOVERNMENT shall utilize the U.S. Department of Homeland Security's E- Verify System to verify the employment eligibility of all new employees hired by the LOCAL GOVERNMENT during the term of the contract; and (B) The LOCAL GOVERNMENT shall expressly require any contractors and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of all new employees hired by the contractor /subcontractor during the contract term. FM# 239535- 3 -52 -01 Page 7of 12 Original Draft: 7/24/2013 Revised: 2/24/2014 IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement this day of 2013, and the DEPARTMENT has executed this Agreement this day of 2013. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Frank J. O'Dea, P.E. Title: Director of Transportation Development Attest: Executive Secretary Legal Review: Financial Provisions Approval by Department of Comptroller on: I' M# 239535- 3 -52 -01 Page 8ol'12 CITY OF OCOEE SIGNATURE PAGE APPROVED: ATTEST: Beth Eikenberry, City Clerk (SEAL) Original Draft: 7/24/2013 Revised: 2/24/2014 CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor DATE: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY on this day of , 20 . SHUFFIELD, LOWMAN & WILSON P.A. APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD 20 UNDER AGENDA ITEM NO. Scott Cookson, City Attorney FM# 239535- 3 -52 -01 Page 9 of 12 Exhibit "A" SCOPE OF SERVICES Painted Mast Ann Signal Upgrades FM #: 239535- 3 -52 -01 Original Draft: 7/24/2013 Revised: 2/24/2014 The City of Ocoee wishes to upgrade from concrete strain poles to aU inted galvanized mast arm structures at the following intersections with State Road 50: • Maguire Road • Bluford Avenue /Old Winter Garden Road • Blackwood Avenue • Clarke Road • West Oaks Mall The DEPARTMENT'S Contractor shall construct the Additional Improvements as part of the State Road 50 reconstruction and six - laning contract at the above referenced intersections. The mast arms shall be painted black. The LOCAL GOVERNMENT is responsible for the cost difference between the concrete strain pole system and the aU intecz galvanized mast arm structures. The LOCAL GOVERNMENT shall be responsible for preventive and periodic maintenance of the aim galvanized mast arm signals, in perpetuity, 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 missing or deficient nuts and bolts (not including anchor bolts); reattaching anchor bolt covers and access hole covers; replace missing cap covers; cleaning; replace missing or deficient access hole cover plates; repair and /or removal of grout pads or screens; tree trimming; removal of soil built up around foundations and insect infestations (lighting, signs and connections); wiring issues, including improper grounding; graffiti removal; all traffic signal related issues; response to traffic impact; vermin guard installation; repair of arm and /or pole, including; replacement of mast arm structure due to impact; repair of conditions that arose because Prrwcntative mainieiiancc Nvas not performed. FM# 239535- 3 -52 -01 Page 10 of 12 Periodic Maintenance includes but is not limited to: Original Draft: 7/24/2013 Rcvised: 2/24/2014 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. 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 arrn structure. The DEPARTMENT and /or its consultant will perform routine inspections (every five 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: Repair /replacement work must start immediately and shall be completed within 60 days of the WO date. • Priority 2: Repair /replacement work requires immediate attention and shall be completed within 180 days of the WO date. • Priority 3: Shall be completed within 360 days of the WO date. • Priority 4: There is no time limit to complete the work. FM# 239535- 3 -52 -01 Page I I of 12 Exhibit `B" ESTIMATE FM #239535- 3 -52 -01 SUMMARY OF ESTIMATED BID PRICES FOR MAST ARMS Original Dra(l: 7/24/2013 Revised: 2/24/2014 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 SR 50 from Maguire Road to west Oaks Mall, FP ID:239535- 3 -52 -01 Preliminary Cost Estimate for Substituting Nlast Arms for Strain Poles, April 25, 2012 Total Mast Arm Cost: $607,350.00 Pole Cost: $159,500.00 Unit Difference for Intersection Upgrade: Pay Item No. Description Price Quantity Cost Maguire Road NW 649 -31 -205 Mast Arm Assembly (78' Arm) $32,250.00 1 $32,250.00 intersections NF 649 -31 -205 Mast Arm Assembly (78' Arm) $32,250.00 1 $32,250.00 All SF 649 -31 -204 Mast Arm Assembly (70.5' Arm) $31,000.00 1 $31,000.00 intersections SW 649 -31 -204 Mast Ann Assembly (70.5' Arm) $31,000.00 1 $31,000.00 Upgrade to Black $7,500.00 1 $7,500.00 NE 649 -31 -204 Mast Ann Assembly (70.5' Arm) $31,000.00 1 $31,000.00 Bluford Ave / NE 649 -31 -205 Mast Arm Assembly (78' Ann) $32,250.00 1 $32,25000 Old Winter Garden Road sW 649 -31 -205 Mast Arm Assembly (78' Arm) $32,250.00 1 $32,250.00 SW 649 -31 -205 Mast Ann Assembly (78' Ann) $32,250.00 1 $32,250.00 Painted Structures (4 structures) $7,500.00 1 $7,500.00 Blackwood Ave NW 649-31-205 Mast Ann Assembly (78' Arm) $32,250.00 1 $32,250.00 NF 649 -31 -204 Mast Arm Assembly (70.5' Ann) $31,000.00 1 $31,000.00 SE 649 -31 -205 Mast Arm Assembly (78' Arm) $32,250.00 1 $32,250.00 SW 649 -31 -204 Mast Ann Assembly (705 Arm) $31,000.00 1 $31,000.00 Painted Structures (4 structures ) $7,500.00 1 $7.500.00 Clarke Road NW 649 -31 -205 Mast Arm Assembly (78' Arm) $32,250.00 1 $32,250.00 NE 649 -31 -205 Mast Arm Assembly (78' Arm) $32,250.00 1 $32,250.00 SE 649 -31 -205 Mast Arm Assembly (78' Arm) $32,250.00 1 $32,250.00 SW 649 -31 -202 Mast Arm Assembly (46' Ann) $20,000.00 1 $20,000.00 Painted Structures (4 structures) $7,500.00 1 $7,50000 West Oaks Mall South 649 -31 -218 Mast Arm Assembly (60'/70.5' Arms) $42,000.00 1 $42,000.00 NI; 649 - 31-204 Mast Arm Assembly (70.5' Ann) $30,350.00 1 $30,35000 Painted Structures (2 structures) $7,500.00 1 $7,500.00 Total Mast Arm Cost: $607,350.00 Total Strain Pole Cost: $159,500.00 Unit Difference for Intersection Upgrade: Pav Item No. Description Price Quantity Cost All 589,570.00 intersections 634 -4 -153 span Wire Assembly (2 pt Box Span) $3,500.00 5 $17,500.00 All intersections 641 -2 -18 Concrete Strain Pole (Type P -VIII) $7,100.00 20 $142,000.00 Total Strain Pole Cost: $159,500.00 Estimate Difference for Upgrade: 5447,850.00 Difference per intersection 589,570.00 FM# 239535- 3 -52 -01 Original Draft: 7/24/2013 Page 12 of 12 Revised: 2/24/2014 Exhibit "C" CERTIFIED COPY OF THE CITY COMMISIONER' S BOARD MEETING MINUTES FM #239535- 3 -52 -01 MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this , day of , 201_, by and between the State of Florida, Department of Transportation, hereinafter referred to as "FDOT" and the State of Florida, Department of Financial Services, Division of Treasury, hereinafter referred to as "TREASURY" and the City of Ocoee, hereinafter referred to as the "PARTICIPANT ". WITNESSETH WHEREAS, FDOT is currently constructing the following project: Main Financial Project No.: 239535- 3 -52 -01 County: Orange hereinafter referred to as the "PROJECT ". WHEREAS, FDOT and the PARTICIPANT entered into a Locally Funded Agreement dated , 201, wherein FDOT agreed to perform certain work on behalf of the PARTICIPANT in conjunction with the PROJECT. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of FDOT and the PARTICIPANT to establish an interest bearing escrow account to provide funds for the work performed on the PROJECT on behalf of the PARTICIPANT by FDOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following 1 . An initial deposit in the amount of Four Hundred Forty -Seven Thousand Eight Hundred Fifty Dollars and No /100 ($447,850.00) will be made by the PARTICIPANT into an interest bearing escrow account established by FDOT for the purposes of the PROJECT. Said escrow account will be opened with the TREASURY on behalf of FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FDOT. 2. Other deposits may be made by the PARTICIPANT as necessary to cover cost increases or the cost of additional work prior to the execution of any Supplemental Agreements or Amendments. 3. Payment will be made as follows (check appropriate payment method): Wire transfer D ACH deposit ❑ Check A wire transfer or ACH deposit is the preferred method of payment and should be used whenever possible. Following is the wiring and ACH deposit instructions: For wire transfers: Bank of America Account # 001009068974 ABA # 026009593 Chief Financial Officer of Florida Re: DOT — K 11 -78, Financial Project # 239535- 3 -52 -01 For ACH deposits: Bank of America Account # 001009068974 ABA # 063100277 Chief Financial Officer of Florida Re: DOT — K 11 -78, Financial Project # 239535- 3 -52 -01 If a check is the method of payment, the check shall be made payable to the Department of Financial Services, Revenue Processing and mailed to FDOT, OOC- GAO for appropriate processing at the following address: Florida Department of Transportation OOC -GAO, LFA Section 605 Suwannee Street, MS 42B Tallahassee, Florida 32399 A copy of this Agreement should accompany any deposits. When the check is mailed to Tallahassee, the District Office should instruct the PARTICIPANT to mail the District Office a copy of the check. 4. FDOT's Comptroller or designee shall be the sole signatories on the escrow account with the TREASURY - and shall have sole authority to authorize withdrawals from said account. 5. Unless instructed otherwise by the FDOT, all interest accumulated in the escrow account shall remain in the account for the purposes of the PROJECT as defined in the LFA. 6. The TREASURY agrees to provide written confirmation of receipt of funds to FDOT. 7. The TREASURY further agrees to provide periodic reports to FDOT. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMPTROLLER ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY on this day of 1 20 . SHUFFIELD, LOWMAN & WILSON P.A. STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF TREASURY (see below) PARTICIPANT SIGNATURE (see below) PARTICIPANT NAME & TITLE 150 N. Lakeshore Drive PARTICIPANT ADDRESS Ocoee, Florida 34761 F596019764 -002 FEDERAL EMPLOYER I.D. NUMBER APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor DATE: APPROVED BY "THE OCOEE CITY COMMISSION AT A MEETING HELD ?0 UNDER AGENDA ITEM NO. By: Scott Cookson, City Attorney