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HomeMy WebLinkAboutItem #06 Approval of Resolution for the Installation of Street Lighting on SR 50 as part of FDOT's Widening Project from Good Homes Road to the Entrance to the West Oaks MallQ �` 'J ()C()P(" florida AGENDA ITEM COVER SHEET Meeting Date: January 6, 2015 Item # C D Contact Name: Contact Number David A. Wheeler, P.E. Reviewed By Department Director: City Manager: 407 - 905 -3100, ext. 9 -1504 i Subject: Installation of Street Lighting on SR 50 as part of FDOT's idening Project from Good Homes Road to the Entrance to the West Oaks Mall (District 2 — Commissioner Wilsen) Background Summary: The Florida Department of Transportation (FDOT) is nearing completion of the widening of the portion of SR 50 from Good Homes Road to the entrance to the West Oaks Mall. FDOT and the City have been working together to have street lights installed along this portion of the road widening project. FDOT originally designed high pressure sodium (HPS) lights for this section of the road widening and secured a bid from Lane Construction Company for the installation as part of the overall project. This was FDOT's standard design — HPS lights on 40 foot poles. The City wanted to look at using LED lights as opposed to the HPS lights. City staff looked to move towards newer technology lighting; and FDOT ultimately agreed that LED lighting would become the new FDOT standard. Two main options were explored: the City designing, permitting, and constructing the lights or the City contracting with Duke Energy Florida, Inc. to design, permit and install the lights. If the City were to take on the total task, a design consultant would need to be employed to design and permit the lighting system in accordance with FDOT guidelines and secure bids to install the lighting system and connect to Duke Energy as the electrical provider. Upon completion of the installation the City would need to either contract with a company to perform routine maintenance, repairs and replacements as needed, and maintain an inventory of pieces, parts, fixtures, poles, etc. or employ additional qualified personnel and purchase necessary trucks and equipment as well as perform the routine maintenance, repairs and replacements as needed, and maintain an inventory of pieces, parts, fixtures, poles, etc. Duke Energy provided the City with a cost proposal to design, permit, and install the LED street light system for this section of the SR 50 project to meet FDOT standards. Duke Energy will perform routine maintenance, repairs and replacements as needed, and maintain an inventory of pieces, parts, fixtures, poles, etc. Duke Energy already has the trained personnel and equipment needed to install and maintain the lighting system. Duke Energy's proposal to install the LED light system on the section of SR 50 from Good Homes Road to the entrance to the West Oaks Mall is for $119,464.84. This includes light fixtures located on both sides of the road and bridge. Median lights were not utilized because they do not meet FDOT design standards. FDOT is offering funding to the City for the installation of the LED street lights. The funding is not required to be reimbursed, provided the City meets the terms and conditions of the Joint Participation Agreement. The amount of funding being offered by FDOT is up to $120,000 to cover the cost of the installation of the street lights. Lacking this agreement, the City would have to pay for the entire lighting project out of its own funds. The monthly operating expenses to Duke Energy will be approximately $28.98 per light per month. In accordance with the State Highway Lighting, Maintenance, and Compensation Agreement that was executed August of 2002, FDOT will reimburse the City $14.50 per light per month. This Agreement also has an escalation clause in it that increases FDOT's participation by 3% per year. The net difference at this time is the City will need to increase its street light budget by approximately $4,865.28 per year. Issue: Should the City of Ocoee enter into an Agreement with the FDOT for FDOT to fund the installation of LED street lights on both sides of the road along the section of SR 50 between Good Homes Road and the entrance to the West Oaks Mall and to employ Duke Energy Florida to install the LED street lights in this area? Recommendations: 1) The Engineering Department recommends that the City Commission accept the $120,000 funding offered by FDOT for the installation of LED street lights and authorize the Mayor and City Clerk to execute the Joint Participation Agreement between the State of Florida and City of Ocoee 2) The Engineering Department recommends that the City Commission accept the proposal from Duke Energy Florida for $119,464.84 and authorize staff to issue a Purchase Order to Duke Energy for the installation of the LED street lights. Attachments: 1) Joint Participation Agreement between the State of Florida and City of Ocoee 2) Duke Energy Florida, Inc. proposal for LED street lights (WR 728513) Financial Impact: This project was included in the 5 -year CIP Plan with the funding source being FDOT. Reimbursement from FDOT is anticipated before fiscal year end. The $120,000 will be advanced from funds budgeted for paving in the Streets Department. Type of Item: (please mark with an x') 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 RESOLUTION FM # 239535- 5 -58 -01 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF OCOEE AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION of HIGHWAY LIGHTING on STATE ROAD 50 from WEST OAKS MALL to GOOD HOMES ROAD BY THE CITY; SETTING FORTH AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA. SECTION 1. That the Mayor and City Clerk are hereby authorized to execute that "Joint Participation Agreement" between the CITY OF OCOEE and the FLORIDA DEPARTMENT OF TRANSPORTATION, and mutually agreed upon renewals or extensions; a copy of which is attached hereto and incorporated herein by reference. SECTION 2. That this Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this day of 2014. ATTEST: Beth Eikenberry, City Clerk APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY ON , 2015 this day of 1 2015. UNDER AGENDA ITEM NO. SHUFFIELD, LOWMAN & WILSON, P.A. Scott A. Cookson, City Attorney FM# 239535- 5 -58 -01 Original: 07/23/2014 Page 1 of 16 Revised: 12/8/2014 Financial Management No.: Fund: DDR Function: 215 FLAIR Approp: 088716 239535- 5 -58 -01 FLAIR Obj.: 55054010508 Agency: City of Ocoee Contract Amount: $120,000.00 Org. Code: 320024 Contract No: Vendor No.: F596019764 -002 JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND 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 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 Resolution No. dated the day of , 2014, a copy of which is attached hereto as Exhibit "D" and made a part hereof, has authorized its officers to execute this Agreement on its behalf; and WHEREAS, the DEPARTMENT is prepared, in accordance with its Five Year Work Program, to undertake the Project described as the " Construction of Highway Ling on State Road 50 from West Oaks Mall to Good Homes Road ", in Fiscal Year 2014/2015, said Project being known as FM 4239535- 5- 58 -01, hereinafter referred to as the "Project "; and WHEREAS, the Project is on the State Highway System, is not revenue producing, and is contained in the adopted Five Year Work Program; and WHEREAS, the implementation of the Project is in the interest of both the DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious, and economical for the LOCAL GOVERNMENT to perform the services to complete the Project; and. WHEREAS, the intent of this Agreement is to establish the terms and conditions of the funding and the production of this Project. FM# 239535-5-58-01 Page 2 of 16 Original: 07/23/2014 Revised: 12/8/2014 NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint participation of this Agreement, the parties agree as follows: 1. TERM A. The term of this Agreement shall begin upon the date of signature of the last party to sign. The LOCAL GOVERNMENT agrees to complete the Project within 24 months from the date of the execution of this agreement. If the LOCAL GOVERNMENT does not complete the Project within the time period allotted, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the LOCAL GOVERNMENT and granted in writing by the DEPARTMENT prior to the expiration of the Agreement, which grant of extension will not be unreasonably withheld. Expiration of this Agreement will be considered termination of the Project. 2. SERVICES AND PERFORMANCES A. The LOCAL GOVERNMENT shall furnish the services with which to construct the Project. The Project consists of: Construction of Highway Lighting on State Road 50 from the West Oaks Mall to Good Homes Road, and otherwise the LOCAL GOVERNMENT shall perform all other necessary work to complete the Project, as specified in Exhibit "A" Scope of Services, attached hereto and by this reference made a part hereof. Nothing herein shall be construed as requiring the LOCAL GOVERNMENT to perform any activity which is outside of the scope of services of the Project. B. The LOCAL GOVERNMENT agrees to undertake the construction of the Project in accordance with the terms and conditions of a Utility permit that the LOCAL GOVERNMENT's electric utility company contractor will secure from the DEPARTMENT to allow the LOCAL GOVERNMENT's contractor to enter onto the DEPARTMENT's right of way to perform the work required by the Project. C. The LOCAL GOVERNMENT shall hire an electric utility company using the LOCAL GOVERNMENT'S normal procurement procedures to perform the construction work for the Project. D. The LOCAL GOVERNMENT's electric utility contractor shall be responsible for obtaining clearances /permits required for the construction of the Project from the appropriate permitting authorities. FM# 239535- 5 -58 -01 Original: 07/23/2014 Page 3 of 16 Revised: 12/8/2014 E. The LOCAL GOVERNMENT's electric utility contractor shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the terms and conditions of the Utility permit issued by the DEPARTMENT. F. If the LOCAL GOVERNMENT utilizes its own work force for any services for the Project, all costs and expenses thereof shall not be subject to reimbursement. G. Upon request, the LOCAL GOVERNMENT agrees to provide progress reports to the DEPARTMENT in the standard format used by the LOCAL GOVERNMENT and at intervals established by the DEPARTMENT. The DEPARTMENT will be reasonably entitled at all times to be advised, at its request, as to the status of work being done by the LOCAL GOVERNMENT's contractor and of details thereof. Either party to the Agreement may request and shall, within a reasonable time thereafter, be granted a conference with the other party. Coordination shall be maintained by the LOCAL GOVERNMENT with representatives of the DEPARTMENT. H. Upon completion of the work authorized by this Agreement, the LOCAL GOVERNMENT (or its contractor) shall notify the DEPARTMENT in writing of the completion and the LOCAL GOVERNMENT and its contractor shall comply with all terms and conditions of Utility permit associated with closing out the permit. 1. Upon completion of the Project, the LOCAL GOVERNMENT shall be responsible for the maintenance of the Highway Lighting constructed under this agreement in accordance with the terms of that certain "State Highway Lighting Maintenance and Compensation Agreement" previously signed by the parties hereto, with an effective date of March 3, 2003. 3. COMPENSATION AND REIMBURSEMENT A. Project Cost: The total estimated cost of the Project is $120,000.00 (One Hundred Twenty Dollars and No /100). This amount is based on the Schedule of Funding, Exhibit "B ", attached hereto. B. DEPARTMENT Participation: The DEPARTMENT agrees to pay the LOCAL GOVERNMENT an amount not to exceed $120,000.00 (One Hundred Twenty Dollars and No /100) for actual costs incurred, excluding LOCAL GOVERNMENT overhead. The funding for this Project is contingent upon annual appropriation by the Florida Legislature. The LOCAL GOVERNMENT agrees to bear all expenses in excess of the DEPARTMENT's participation. Travel costs will not be reimbursed. FM# 239535- 5 -58 -01 Original: 07/23/2014 Page 4 of 16 Revised: 12/8/2014 i) Invoices shall be submitted by the LOCAL GOVERNMENT in detail sufficient for a proper pre -audit and post -audit thereof, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit "A ", Scope of Services. Deliverables must be received and accepted in writing by the Department's Project Manager or designee prior to payment. ii) Supporting documentation must establish that the deliverables were received and accepted in writing by the LOCAL GOVERNMENT and must also establish that the required minimum level of service to be performed as specified in Paragraph 2. E. was met, and that the criteria for evaluating successful completion as specified in Paragraph 2. H. was met. iii) Alternative Pay Method: The Department will pay one lump sum payment to the LOCAL GOVERNMENT upon the completion of all Project services, receipt of final construction cost documentation, and proper submission of a detailed invoice and when the Project has been inspected, approved, and accepted to the satisfaction of the DEPARTMENT in writing. The payment to the LOCAL GOVERNMENT will be the amount equal to the invoice received by the LOCAL GOVERNMENT from the LOCAL GOVERNMENT'S electric utility company, but not to exceed the DEPARTMENT'S participating amount as specified in Section 3 (B) above. The LOCAL GOVERNMENT must certify on the invoice that the costs from the electric utility company are valid, reasonable, necessary, and allowable and the costs have been invoiced by the electric utility company. The LOCAL GOVERNMENT agrees to provide proof to the DEPARTMENT that the electric utility company has been paid by the LOCAL GOVERNMENT within thirty (30) days after receipt of payment from the DEPARTMENT. iv) All costs charged to the Project by the LOCAL GOVERNMENT shall be supported by detailed invoices, proof of payments, contracts or vouchers evidencing in sufficient detail the nature and propriety of the charges. D. The LOCAL GOVERNMENT which is providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt of an invoice, the DEPARTMENT has twenty (20) working days to inspect and approve the goods and services. The DEPARTMENT has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. 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 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice FM# 239535- 5 -58 -01 Original: 07/23/2014 Page 5 of 16 Revised: 12/8/2014 amount. Interest penalties of less than one dollar ($1.00) will not be enforced unless the LOCAL GOVERNMENT requests payment. Invoices which have to be returned to the LOCAL GOVERNMENT because of LOCAL GOVERNMENT preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. A Vendor Ombudsman has been established within the Department of Financial Services. 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) 413 -5516 or by calling the Division of Consumer Services at 1- 877 - 693 -5236. E. Records of costs incurred under terms of this Agreement shall be maintained and made available upon reasonable request to the DEPARTMENT at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the LOCAL GOVERNMENT'S general accounting records and the Project records, together with supporting documents and records, of the Electric Utility Company and all subcontractors performing work on the Project, and all other records of the Electric Utility Company and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. Any discrepancies revealed by any such audit shall be resolved by a corrected final billing from the LOCAL GOVERNMENT to the DEPARTMENT. F. In the event this Agreement is in excess of $25,000.00 (TWENTY -FIVE THOUSAND DOLLARS AND NO/] 00) and a term for a period of more than one (1) year, the provisions of Section 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 111.111 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 FM# 239535- 5 -58 -01 Page 6 of 16 Original: 07/23/2014 Revised: 12/8/2014 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." G. The DEPARTMENT'S performance and obligation to pay under this contract 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 notice to the LOCAL GOVERNMENT to that effect. 4. COMPLIANCE WITH LAWS A. The LOCAL GOVERNMENT 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 LOCAL GOVERNMENT in conjunction with this Agreement. Failure by the LOCAL GOVERNMENT to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B. The LOCAL GOVERNMENT shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof. The LOCAL GOVERNMENT shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Agreement. C. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency. D. The LOCAL GOVERNMENT and the DEPARTMENT agree that the LOCAL GOVERNMENT, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Contract. 5. TERMINATION AND DEFAULT A. This Agreement may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the LOCAL GOVERNMENT shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. B. If the DEPARTMENT determines that the performance of the LOCAL GOVERNMENT is not satisfactory, the DEPARTMENT shall have the option of (a) FM# 239535- 5 -58 -01 Original: 07/23/2014 Page 7 of 16 Revised: 12/8/2014 immediately terminating the Agreement, or (b) notifying the LOCAL GOVERNMENT of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the DEPARTMENT. C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the LOCAL GOVERNMENT, the DEPARTMENT shall notify the LOCAL GOVERNMENT of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D. If the Agreement is terminated before performance is completed, the LOCAL GOVERNMENT shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an arnount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the LOCAL GOVERNMENT. 6. MISCELLANEOUS A. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. B. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the LOCAL GOVERNMENT. C. In no event shall the making by the DEPARTMENT of any payment to the LOCAL GOVERNMENT constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the LOCAL GOVERNMENT, and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. D. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and 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. It is further agreed that no modification, amendment or FM# 239535- 5 -58 -01 Original: 07/23/2014 Page 8 of 16 Revised: 12/8/2014 alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. E. 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. F. 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. G. This Agreement shall be effective upon execution by both parties and shall continue in effect and be binding on the parties until the Project is completed, any subsequent litigation is complete and terminated, final costs are known, and legislatively appropriated reimbursements, if approved, are made by the DEPARTMENT. The DEPARTMENT may, at any stage, amend or terminate the Project in whole or in part if the DEPARTMENT determines that such action is in the best interest of the public. H. PUBLIC ENTITY CRIME INFORMATION AND ANTI- DISCRIMINATION 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or FM# 239535-5-58-01 Page 9 of 16 Original: 07/23/2014 Revised: 12/8/2014 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. I. The DEPARTMENT and the LOCAL GOVERNMENT acknowledge and agree to the following: i) 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 ii) The LOCAL GOVERNMENT shall expressly require any contractors and require those contractors to require any 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. J. All notices required pursuant to the terms hereof shall be sent by First Class United States Mail. Unless prior written notification of an alternate address for notices is sent, all notices shall be sent to the following addresses: DEPARTMENT Teresa Hutson Program Coordinator MS 4 -520 719 South Woodland Boulevard DeLand, Florida 32720 -6834 PH: (386) 943 -5486 teresa.hutson (dot.state.fl.us Megan Reinhart Design Project Manager MS 2 -546 719 South Woodland Boulevard Deland, Florida 32720 -6834 PH: (386) 943 -5252 megan .reinhart(i�,dot. state. fl. us LOCAL GOVERNMENT David A. Wheeler, P.E. City Engineer City of Ocoee 150 N. Lakeshore Drive Ocoee, Florida 34761 PH: (407) 904 -3100 Ext. 9 -1504 dwheeler a,ci.ocoee.fl.us Vincent Vacchiano Construction Project Manager MS 3 -506 719 South Woodland Boulevard Deland, Florida 32720 -6834 (386) 943 -5406 yncent.vacchiano(ct,dot. state. fl. us FM# 239535- 5 -58 -01 Page 10 of 16 Original: 07/23/2014 Revised: 12/8/2014 IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement this day of this day of 2014, and the DEPARTMENT has executed this Agreement .2014. APPROVED: 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 , 20 . SHUFFIELD, LOWMAN & WILSON P.A. C CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor DATE: APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD 1 20 UNDER AGENDA ITEM NO. Scott Cookson, City Attorney FM# 239535- 5 -58 -01 Original: 07/23/2014 Page I 1 of 16 Revised: 12/8/2014 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fay: Frank J. O'Dea, P.E. Director of Transportation Development Attest: Executive Secretary Legal Review: FDOT Attorney Financial Provisions Approved by the Office of Comptroller Authorization Received From The Comptroller's Office As To Availability of Funds: FM# 239535- 5 -58 -01 Page 12 of 16 EXHIBIT "A" SCOPE OF SERVICES Financial Management Number: 239535- 5 -58 -01 Purpose Original: 07/23/2014 Revised: 12/8/2014 The LOCAL GOVERNMENT'S electric company shall install a roadway lighting system within the project limits of the State Road (SR) 50 reconstruction project in the City of Ocoee. The lighting system is a critical component of the DEPARTMENT'S roadway widening project on SR 50 between West Oaks Mall and Good Homes Road making it imperative that roadway lighting is installed in a timely manner. The locations of the light poles that need to be installed are as follows: Street Light Locations Pilasters, conduit and pull boxes will be in place for light poles to be installed on SR 50 at: Sta. 884 +90 Left Sta. 884 +90 Right Sta. 898 +20 Left Sta. 898 +20 Right Sta. 886 +70 Left Sta. 886 +70 Right Sta. 888 +75 Left Sta. 888 +75 Right Sta. 890 +60 Left Sta. 890 +60 Right Sta. 893 +50 Left Sta. 893 +50 Right Sta. 894 +30 Left Sta. 894 +30 Right Sta. 896 +00 Left Sta. 896 +00 Right Sta. 900 +30 Left Sta. 900 +30 Right Sta. 902 +40 Left Sta. 902 +40 Right Sta. 904 +40 Left Sta. 904 +40 Right Sta. 905 +90 Left Sta. 906 +90 Right Sta. 907 +40 Left Sta. 908 +60 Right Sta. 909 +00 Left 27 Light Poles total (14 Poles on the Left- North Side and 13 Poles on the Right- South Side). FM# 239535- 5 -58 -01 Page 13 of 16 Original: 07/23/2014 Revised: 12/8/2014 Street lighting shall be installed throughout the remaining portion of the project limits and shall meet the roadway and sidewalk illumination and uniformity criteria of the DEPARTMENT'S Plans Preparation Manual, current edition. Maintenance of Illumination Equipment and Facilities The following conditions shall apply to the equipment and facilities used to provide the illumination services after illumination services have been installed and begun: 1. The equipment and facilities shall at all times remain the property of and be properly protected and maintained by the electric UTILITY in accordance with the Utility Accommodation Manual and current utility permit for the equipment and facilities. 2. The equipment and facilities shall be maintained pursuant to a separate agreement between the LOCAL GOVERNMENT and the electric UTILITY. In the event the LOCAL GOVERNMENT fails to comply with that separate agreement, the electric UTILITY may terminate the illumination services, provided however, that the electric UTILI'T'Y shall first notify the DEPARTMENT in writing and provide the DEPARTMENT with a reasonable opportunity to cure the non - compliance prior to terminating the illumination services. 3. The electric UTILITY, nor the LOCAL GOVERNMENT, shall not engage in any act or omission which in any way interferes with the provision of illumination services including, without limitation, granting rights to third parties with respect to the equipment and facilities which interferes with the continued provision of illumination services. 4. The terms of the "State Highway Lighting, Maintenance, and Compensation Agreement" dated September 25, 2002 by and between the State of Florida, Department of Transportation and the City of Ocoee shall apply to the lighting being installed hereunder, including, but not limited to the terms of compensation associated with the monthly expenses to the power company. FM# 239535- 5 -58 -01 Page 14 of 16 EXHIBIT `B" ESTIMATED SCHEDULE OF FUNDING Financial Management Number: 239535- 5 -58 -01 Original: 07/23/2014 Revised: 12/8/2014 For satisfactory completion of all services detailed in Exhibit "A" (Scope of Work) of this Agreement, the DEPARTMENT will reimburse the LOCAL GOVERNMENT an amount not to exceed $120,000.00 (One Hundred Twenty Thousand Dollars and No /100) for actual costs incurred. FM# 239535- 5 -58 -01 Page 15 of 16 EXHIBIT "C" NOTICE OF COMPLETION Original: 07/23/2014 Revised: 12/8/2014 JOINT PARTICIPATION AGREEMENT Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and CITY OF OCOEE PROJECT DESCRIPTION: Construction of Higliway Lighting on State Road 50 from West Oaks Mall to Good Homes Road FINANCIAL MANAGEMENT ID# 239535- 5 -58 -01 In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT, the undersigned hereby provides notification that the work authorized by this Agreement is complete as of , 20 and all terms and conditions of Utility permit associated with closing out the permit have been met. C Name: Title: FM# 239535- 5 -58 -01 Page 16 of 16 EXHIBIT "D" RESOLUTION Financial Management Number: 239535- 5 -58 -01 Original: 07/23/2014 Revised: 12/8/2014 (Attached) RESOLUTION NO. FM # 239535- 5 -58 -01 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF OCOEE AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF HIGHWAY LIGHTING ON STATE ROAD 50 FROM WEST OAKS MALL TO GOOD HOMES ROAD BY THE CITY; SETTING FORTH AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. That the Mayor and City Clerk are hereby authorized to execute that "Joint Participation Agreement" between the CITY OF OCOEE and the FLORIDA DEPARTMENT OF TRANSPORTATION, and mutually agreed upon renewals or extensions. SECTION 2. That this Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this day of , 2014 APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, 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 2014. SHUFFIELD, LOWMAN & WILSON, P.A. i APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON 2014 UNDER AGENDA ITEM NO. Scott A. Cookson, City Attorney ,r DUKE ENERGY,, DE Contact: Betty Jurek Address: 452 E. Crown Point Rd. Winter Garden, FL 34787 Phone: 321 - 297 -0957 Lighting Proposal WR 728513 December 19, 2014 Scope of Request CITY OF OCOEE SR 50 LIGHTING Project Details Customer: City of Ocoee Account: 94813 -88406 Site: W. Colonial Dr. Contact: David Wheeler Phone: 407 - 509 -3289 Lighting Proposal WR 728513 December 19, 2014 Scope of Request CITY OF OCOEE SR 50 LIGHTING Estimated Monthly Rental excludes applicable taxes, franchise fees and customer charge. t Deposit - The required deposit (applied separately to your lighting bill) will equal approximately two months of the monthly rental bill, but no less than $25.00 and subject to change upon review of the account's existing deposit. CIAC - The invoice for the Contribution in Aid of Construction will be mailed to you separately upon approval of this proposal and payment is due before the work can be released to scheduling of construction. In order for us to proceed with the above proposed lighting design we will need an authorized signature on this proposal and any other required documents enclosed. Do not remit any payment with this form and do not fax. Return these signed documents to the mailing address above or email the color scanned PDF if instructed. The CIAC charge is subject to change after 30 days or in the event you request or cause any changes to this proposal. Duke Energy will call for locate of all public facilities. Any customer owned utilites would need to be located and marked at your expense. If any or all of these lighting facilities will eventually be submitted to a governmental agency for inclusion into a taxing district, MSTU or MSBU special assessment program, please verify that these facilities meet the requirements within that jurisdiction. Should the agency not accept these facilities into Thank you for your lighting request. We look forward to working with you on this project. Authorized Signature Date (Please sign and date to approve this proposal and return via email or the mailing address above) Per Unit Quantity Required Product Description Fixtures and Poles Rental Maint. Fuel & Energy Unit Total Sub -Total 4 216W LED Roadway, OH Q160 $11.99 $1.39 $5.20 $18.58 $74.32 $0.00 $0.00 $0.00 $0.00 1 30/35' WOOD PLBW30 /35 $2.17 $0.00 $0.00 $2.17 $2.17 $0.00 $0.00 $0.00 $0.00 23 284W LED Buy Down $6.42 $1.39 1 $6.77 $14.581 $335.34 23 36' Aluminum DOT Buy Down 1 $17.36 1 $17.361 $399.28 Rental, Maintenance, F &E Totals: Estimates valid for 30 days and subject to change. 1 $597.07 $37.53 1 $176.51 Project Summary Totals Estimated Monthly Rental $811.11 t Deposit $0.00 � CIAC $119,464.84 Estimated Monthly Rental excludes applicable taxes, franchise fees and customer charge. t Deposit - The required deposit (applied separately to your lighting bill) will equal approximately two months of the monthly rental bill, but no less than $25.00 and subject to change upon review of the account's existing deposit. CIAC - The invoice for the Contribution in Aid of Construction will be mailed to you separately upon approval of this proposal and payment is due before the work can be released to scheduling of construction. In order for us to proceed with the above proposed lighting design we will need an authorized signature on this proposal and any other required documents enclosed. Do not remit any payment with this form and do not fax. Return these signed documents to the mailing address above or email the color scanned PDF if instructed. The CIAC charge is subject to change after 30 days or in the event you request or cause any changes to this proposal. Duke Energy will call for locate of all public facilities. Any customer owned utilites would need to be located and marked at your expense. If any or all of these lighting facilities will eventually be submitted to a governmental agency for inclusion into a taxing district, MSTU or MSBU special assessment program, please verify that these facilities meet the requirements within that jurisdiction. Should the agency not accept these facilities into Thank you for your lighting request. We look forward to working with you on this project. Authorized Signature Date (Please sign and date to approve this proposal and return via email or the mailing address above)