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HomeMy WebLinkAboutItem #06 Approval of Annual Traffic Signal Maintenance Contract Extension with Control Specialistslllwkw 4��f florida AGENDA ITEM COVER SHEET Meeting Date: December 2, 2014 Item # U Reviewed By: Contact Name: Stephen C. Krug Department Director: Contact Number: 6002 City Manager: Subject: Annual Signal Maintenance Contract Extension with Control Specia Background Summary: The Commission approved utilizing Control Specialists for traffic signal maintenance at the September 15, 2009 meeting by piggy- backing on an existing City of Maitland Agreement. The agreement with Control Specialists has provided proactive inspections and repairs for maintaining the City's traffic signals. Maitland has extended their current contract one (1) year as allowed per the agreement. Public Works is requesting Commission approval to extend our agreement with Control Specialists for the additional one (1) year period per the piggy -back agreement. Control Specialists has maintained their pricing throughout the agreement without a price increase. Public Works meets monthly with the FDOT and local agencies from Orange, Osceola and Seminole Counties to discuss signalization maintenance and operations. Public Works has determined from discussions at the regional meetings that Control Specialists continues to provide the most cost effective service option for Ocoee to proactively maintain our City's signal system. The Streets Division budget incorporates up to $30,000.00 for monthly inspections and maintenance along with $45,000.00 for unanticipated repairs and upgrades. Public Works recommends extending the agreement with Control Specialists for one (1) additional year. Issue: Extend the traffic signal maintenance agreement with Control Specialists for an additional one (1) year. Recommendations: Recommend approval to extend the annual signal maintenance contract with Control Specialists for one (1) year effective from November 1, 2014 for a not to exceed total of $75,000.00 by piggy- backing on the existing City of Maitland Agreement. Attachments: City of Maitland Extension Letter. City of Maitland Signalization Maintenance Contract. Financial Impact: The Streets Division budget incorporates up to $30,000.00 for monthly inspections and maintenance along with $45,000.00 for unanticipated repairs and upgrades. Ocoee receives approximately $30,000.00 in revenue annually from the FDOT to inspect and maintain signals on the State Road System within City limits. Type of Item: (please mark with an z') 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 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 Review ed by ( ) N/A 2 Traffic Engineering and Management, LLC d1b /a / Control Specialists Construction, Service and Maintenance September 22, 2014 Noel Cooper City of Maitland 1827 Fennell Street Maitland, Florida 32751 RE: 2014 -2015 Traffic Signal Maintenance Agreement Extension (One Year) Dear Mr. Cooper: This correspondence serves as your reminder that the existing Traffic Signal Maintenance Agreement that you have with Traffic Engineering and Management is set to expire. Per our Agreement, we will be pleased to extend the initial term for one additional year from the anniversary date, or October 30, 2014. We have reviewed your existing contract, and have determined that all prices, terms and conditions will be retained. As I am sure you will agree, these terms are very moderate and desire your consideration. If you are in agreement with this recommendation, please sign below and return. Please feel free to call me if you have any questions and /or comments. I look forward to your response. Sincerely, Traffic Engineering and Management Terence Tomlin Technical Services Representative cc: file TT /jm Accep ed by: r< Date: 707 Nicolet Avenue — Suite 1ooA — Winter Park, FL 3 — Ph: (407) 628 -1965 - Fax: (40 7)628 -1932 http• \Nww w.controlspecialists.com +IM11111 Control Specialists Traffic Systems Since 1965 December 21, 2012 City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 -2258 RE: City of Maitland — Maintenance Contract To Whom It May Concern: Please accept this correspondence as Control Specialists' authorization for the City of Ocoee to "piggyback" off of the City of Maitland's new traffic signal maintenance contract. The new agreement, effective November 1, 2012 for an initial term of two (2) years and if mutually agreed, may be extended. A copy is attached for your records. If you have any questions and /or comments, please feel free to contact Mr. Terence Tomlin or me. Thank you. CONTROL SPECIALISTS J yce Moon Technical Services Group Attachment cc: Mr. Terence Tomlin File /jm 707 Nicolet Avenue — Suite 100 -- Winter Patk, Fl 32789 — Ph: (407) 628 -1965 - Fax: (407) 628 -1932 A G R E E M E N T /NEW THIS AGREEMENT made and entered into this 1 ST day of November 2012 by and between the CITY OF MAITLAND hereinafter referred to as "OWNER" whose address is 1827 Fennell Street, Maitland, Florida 32751 and Traffic Engineering and Management LLC dba Control Specialists, hereinafter referred to as "CONTRACTOR" whose address is 707 Nicolet Avenue, Suite 100, Winter Park, Florida 32789. W I T N E S S E T H: THAT IN CONSIDERATION of the mutual covenants contained herein, it is hereby agreed between the parties as follows: 1) Scope of Work. The Contractor shall be available on the request of the Owner to provide emergency repair, planned maintenance, new installations of traffic lights, caution lights, school flashers, and roadway safety lighting. (Please refer to Traffic Signal Intersection Inspection form attached). 2) Term. This agreement shall be for an initial term of two (2) years from the date of the Agreement; however, the Owner shall have the right to cancel and terminate this Agreement, in its sole discretion, during the term thereof, upon giving written notice to the Contractor at least ninety (90) days prior to the intended date of termination. In the event of termination, the Contractor shall be entitled to receive payment for services and work performed and materials and /or equipment furnished under the terms of this Agreement as directed by the CITY OF MAITLAND up to the date of termination; provided, however, it is acknowledged that the Contractor shall not be entitled to any damage liquidated or otherwise caused as a result of such termination. It is mutually agreed between both parties that this Agreement may be extended at the expiration of the initial term for additional one (1) year terms from the anniversary date of the expiration of the original term, upon the same terms and conditions specified herein; rates are subject to change, but not to exceed Len percent (10%) in a given year. The Contractor shall give notice in writing, within ninety (90) days, of its intentions to renew this Agreement at the expiration date of each year's renewal. The Owner shall, within thirty (30) days after receipt of said written notice by the Contractor, give notice in writing rejecting or consenting to said renewal. Failure of either party to give such written notice within said time period shall result in automatic termination of the Agreement. 3) Prosecution of Work. The Contractor shall prosecute the work under this Agreement in the following manner: a) The Contractor certifies that it is a full -time specialized contractor in the State of Florida, and is pre - qualified by the Florida Department of Transportation to perform said work and has the capability and expertise to install and maintain traffic signals for the CITY OF MAITLAND. b) The Contractor shall provide emergency repair, planned maintenance, and new installations of traffic lights, caution lights, school flashers, and roadway safety lighting as requested and directed by the CITY OF MAITLAND's designated personnel, hereinafter referred to as "Director ". c) The Contractor shall provide qualified employees of the Contractor who shall be available at all times, day and night, for on —site consultation with the Director about traffic signal problems. The Contractor shall furnish the name and telephone number of such representatives to the Director upon execution of this Agreement. d) The Contractor shall at all times, maintain emergency - response vehicles which will be utilized to respond to emergency maintenance calls during the term of this Agreement. This emergency vehicle shall have rotating beacons on front and center or rear. e) The Contractor, in performing any work under this Agreement; shall utilize protective signing, flashers, cones, and flag persons in compliance with the "Manual on Traffic Controls and Safety Practices for Street and Highway Construction, Maintenance, and Utility Operation ", Sections 1 through 15, published by the Florida Department of Transportation. f) The Contractor shall. be responsible for making all arrangements with public or private utility companies to ensure underground and overhead clearances and construction liaison when needed. g) The Contractor shall promptly notify the Director of the disablement of any piece of equipment of any system due to an accident or other cause, such as damaged cable, broken parts, or other difficulties, when such piece of equipment cannot be readily repaired, making it necessary to discontinue operation of all or part of the installation. h) The Contractor shall promptly report to the Director any unauthorized construction or repair work by others on the CITY OF MAITLAND's equipment being maintained under this Agreement. The Contractor shall also report any construction or repair work in progress that may endanger or damage the equipment of the Owner's system. i) The Contractor shall act in the best interest of the Owner in selection of material and equipment, which has been authorized for purchase by the Director. Also, the Contractor shall advise and assist the Director regarding the settlement of claims on defective materials and equipment used in traffic signal, school flasher, and highway safety equipment when purchased by the Contractor. 4. Job Numbers: a) The Contractor, prior to commencement on any routine maintenance, shall receive a Purchase Order Number from the Director. Upon completion of the work, the Contractor shall notify the Director of the scope, nature, and cost of such work performed. b) The Contractor, at the end of every month, shall submit to the Director for approval for payment, a copy of all invoices. A separate invoice shall be used to identify each job. C) The Contractor shall be issued a separate Purchase Order and Job Number prior to the commencement of any work to be performed for non - routine maintenance, construction, major repairs and capital purchases. These Job Numbers shall be obtained only from the Director. If the Director orally directs that a repair be made during non - working hours, a formal Job Number shall be issued to the Contractor the next normal day of operation to cover such work as was duly authorized. 5) Compensatio The Owner shall pay the Contractor for work the Contractor performed pursuant to Owner's requests as follows: a) The Owner shall pay the Contractor $82.50 /man hour per hour for regular time emergency maintenance. Regular time emergency maintenance shall be for all maintenance and construction on which the Contractor is provided less than five (5) working days notice. b) The Owner shall pay the Contractor. $104.00 /man hour per hour for overtime emergency maintenance. Overtime emergency maintenance shall be maintenance and construction for which the Contractor has been given less than five (5) working days' notice and the work shall be performed after four o'clock PM (4 :00PM) and before seven- thirty AM (7:30AM), and on all weekends and legal holidays.. For a day to be considered a holiday under this provision, the Contractor must declare the day a holiday for all of their personnel, and shared with the Owner upon the start of the Agreement. C) The Owner shall pay the Contractor $82.50 /month flat rate per intersection for planned maintenance. Each intersection shall be visited one (1) time per month whereby the Contractor will visually inspect all traffic signal equipment and components; thereby preventative malfunction action will be enacted. d) For the Contractor to be compensated at the rates described in paragraphs a, b, or c above, the Contractor shall provide at least one qualified employee who shall perform the work together with tools and equipment and one service vehicle. The Contractor may charge the Owner for travel time to the work site. e) Tn the case of the installation of new equipment, the Contractor., upon the request of the Director, shall make an inspection of the new equipment at the time of activation to assure the Owner that the new equipment is in proper working order. This service shall be compensated at a rate of $104.50 /man hour per hour. f) The notice required under this Agreement for emergency maintenance of planned maintenance may be furnished by the Director or his duly authorized representative by telephoning the Contractor at (407) 628 -1965. The Contractor shall have a person or device available at this number twenty -four (24) hours a day to receive telephone messages from the Owner. The Owner may also give notice to the Contractor by sending a letter by mail to the Contractor to 707 Nicolet Avenue, Suite 100, Winter Park, Florida 32789. The time period for notice shall begin to run when the Director or his representative places the call or sends the letter by mail. 6) Materials and Equipment. a) The Owner shall pay to the Contractor the actual cost of all materials furnished by the Contractor which are an integral part to the finished work, plus shipping to which 25% shall be added for amounts up to $500.00, 20% for amounts between $501.00 and $2,000.00, and 15% for all amourits equal to, or in excess of $2,001.00 said amounts to consist of the cost per items or unit which is normally sold or furnished as an integral unit. The Owner, however, reserves the right to purchase material to be held as inventory by the Contractor and installed as directed by Owner. b) The Director may inspect the Contractor's maintenance shop and storage area on a daily basis to insure the Contractor has adequate inventory or parts and equipment of its own to furnish service under this Agreement. The Director may also hold inspections to ascertain that all Owner supplied equipment has been properly located, maintained, and used. c) The Contractor shall be financially responsible for any damage to Owner's materials or equipment arising out of, or due to, the negligence of the Contractor or his agents and employees. d) Any and all parts replaced by the Contractor shall be maintained and available for Owner's inspection for a period of at least sixty (60) days. e) The Contractor shall extend to the Owner the same warranty on all materials and equipment furnished under this Agreement which the manufacturer extends to the Contractor, or purchases, whichever is greater. The Contractor shall guarantee its workmanship under this Agreement for a period of one (1) year. f) The Contractor shall charge the prevailing rental rate to the Owner on all standard construction equipment. The following specialized traffic light equipment shall be charged to the lesser of the prevailing rental rate for the Owner or the following designated cost per hour: (1) Bucket Truck $ 88.00 per hour (2) Lift Truck $ 88.00 per hour (3) Auger /Crane Truck $137.50 per hour (4) Service Vehicle $ 55.00 per hour 7) Extra Work. It is understood and agreed under this Agreement that the Contractor shall hold itself ready at all times to perform emergency planned maintenance for the Owner on traffic lights, caution lights, school flashers, and roadway safety lighting. In addition, the Owner shall have the Contractor perform the installation and construction of new equipment for the Owner under this Agreement. This includes major repairs or major changes in any system. The new construction or major repairs shall be performed only after receiving written notice from the Owner. The Owner shall reimburse the Contractor for its work at the rate established in this Agreement for planned maintenance on an hourly basis and shall reimburse the Contractor for costs for materials and equipment in accordance with paragraph 6.a of this Agreement. If the Contractor desires to perform any work or project involving new installations or major repairs, the Contractor shall furnish the Owner a firm price for all the work necessary to perform such major repair or to complete such new construction. 8) Time and Charges. If it becomes necessary to install a temporary controller due to damage to a traffic signal which changes the timing or sequence, or any other special feature of a traffic signal, the Director shall be notified in writing giving the reason for the change, the nature of the change and the approximate date the traffic signal shall be returned to normal service. The Director shall also be notified in writing within a reasonable time when the original equipment has been repaired and replaced. The Director must authorize any and all timing changes on Owner's traffic signals. Whenever the Director determines a condition that warrants the modification of timing or dial settings on traffic control systems, the Director shall advise the Contractor of such changes and the Contractor shall keep timing and dial setting in accordance with the Director's instructions at all time. In the event of an emergency, if the Director is unavailable, the Contractor shall make such time changes as are necessary. 9) Contractor's Records. The Contractor shall maintain records in accordance with generally accepted accounting practices to document its costs and expenditures under this Agreement. The Contractor hereby grants the Owner and its duly authorized representatives permission to audit the review any and all of the Contractor's records pertaining to the Agreement. The Contractor shall furnish the Owner all invoices and statements for which it requests reimbursement. 10) Method of Payment. At the completion of all the work under Purchase Order Number or Special Job Number, the Contractor shall submit an invoice to the Director for approval. The invoice shall cite both the Purchase Order Number and the Job Number, the date, time, location, reporting agencies, repairs made, and the itemized costs. 11) Performance Bond and Labor /Material Bond. if required, the Contractor shall post a labor and material bond in the amount of $10,000.00, which shall guarantee the payment by the Contractor of all sums of money due for any labor or materials furnished under this Agreement. The Contractor shall also furnish a performance bond in the sum of $10,000.00 which bond shall guarantee the faithful performance of any and all duties under this Agreement. For new construction or other major projects, the Owner may require a bond of greater amount. The Owner shall reimburse Contractor for all costs associated with any required bonds. 12) Insurance. The Contractor shall provide and maintain at all times during the term of this Agreement, without cost or expense to the Owner, policies, of insurance generally known as public liability policies, insuring the Contractor against any and all claims, demands and causes of action whatsoever for injuries received and damage to property in connection with this Agreement. Said. policies of insurance shall insure the Contractor in the amount of not less than $1,000,000.00 per person and in the amount of not less than $1,000,000.00 to cover any and all claims arising in connection with any particular accident or occurrence, and property damage insurance in the amount of $1,000,000.00. The Contractor shall provide and maintain Workers' Compensation insurance as required by Florida State Statute 440. The Owner shall. be entitled to thirty (30) days notice of any change or cancellation in said policies. The Owner shall be named as additional insured under any and all public liability policies. 13) Fi Payment. The Owner_ shall hold the final payment due the Contractor until all equipment has been inspected and inventoried which the County furnished under this Agreement. The costs of any equipment unaccounted for, or deficiencies in workmanship during the year, shall be subtracted from the final Agreement payment. A complete inventory, including a list of all field and traffic equipment supplied by the Owner shall be made to the beginning and termination of the Agreement. 14) Independent Contractor. The Contractor shall perform the conditions of this Agreement as an independent contractor and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Agreement shall be in any way construed to constitute the Contractor, or any of its agents or employees as the agent, employee, or representative of the Owner. The Contractor agrees that they shall be solely responsible to parties with whom they shall deal in carrying out the terms of this Agreement and shall be responsible for the agreements they shall make with the third party or, for those obligations incurred by the Contractor to such third parties in carrying out the terms of this Agreement. . 15) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely manner its obligations under this Agreement, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Agreement, the Owner shall have a right to terminate this Agreement by giving written notice to the Contractor of such termination, specifying the effective date of thereof, at least ten (10) days before the effective date of such termination. 16) Personal Service Contract. This Agreement is not assignable by the Contractor without the expressed written consent of the Owner. 17) Entire Agreement. It is agreed that neither party has made any statement, promise or agreement, nor taken upon itself any engagement whatsoever, verbally or in writing, in conflict with the terms of this Agreement, or that in any way modifies, carries, alters, enlarges or invalidates any provision hereof. 18) Severability. In the event a Court to Competent Jurisdiction finds any sentence, provision, paragraph, or section of this Agreement null and void, the remaining parts of this Agreement shall continue in full force and effect as though such sentence, provision, paraqraph, or section has been omitted from this Agreement. CITY f CJ MAITLAN 'a re /Date (Seal) TRAFFIC ENGINEERING AND MANAGEMENT LLC Signa 4ureeate (Seal)