HomeMy WebLinkAboutItem #16 Approval of Traffic Signal Maintenance Agreement with Control Specialists t I
ocoee
florida
AGENDA ITEM COVER SHEET •
Meeting Date: December 6, 2016
Item # fly
Reviewed By: .G1,¢ .4_---- �°'C'�i/U.V S'
n/AFF
Contact Name: Stephen C. Krug Department Director:
Contact Number: 6002 City Manager: ze '
Subject: Annual Signal Maintenance Contract with Control Specialists.
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's original contract expired and a new two (2) year contract has been executed with
Control Specialists. Public Works is requesting Commission approval to continue contracting with
Control Specialists by piggy-backing on Maitland's new agreement for Signal Maintenance. Control
Specialists is maintaining their pricing from the previous agreement without a price increase.
Public Works meets several times per year 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
adopted budget amount for FY 2017 is $57,000, including services for monthly inspections and
maintenance along with unanticipated repairs and upgrades. Public Works recommends piggy-backing
on the Maitland agreement with Control Specialists for the two (2) year term with an optional one (1)
year extension.
Issue:
Enter into a new traffic signal maintenance agreement with Control Specialists for a two (2) year term.
Recommendations:
Recommend approval to enter into a new annual signal maintenance contract with Control Specialists
for a two (2) year period effective from November 1, 2016 for an amount not to exceed the annual
budgeted amount in the Streets Department for Traffic Signal Maintenance by piggy-backing on the
existing City of Maitland Agreement.
Attachments:
City of Maitland Signalization Maintenance Contract.
Financial Impact:
The Streets Division adopted budget amount is $57,000, including services for monthly inspections
and maintenance along with unanticipated repairs and upgrades. Ocoee receives $36,480.00 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"r")
Public Hearing For Clerk's Dept Use:
J
Ordinance First Reading p Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion 8 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
A a E EE N Ee.T/NEW
THIS AGREEMENT made and entered into this ier day of November
2016 by and between the CITY OF WSTLAND hereinafter referred
to as ^O1BES° whose address is 1827 Fennell Street, Maitland,
Florida 32751 and Traffic Engineering and Management LLC dba
Control Specialists, hereinafter referred to as mCOHTRACEOR" whose
address is 707 Nicolet Avenue, Suite 100, Winter Park, Florida
32789.
W I T N E B B E T is
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—dram 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 Bervitea and
work performed and materials and/or equipment furnished under the
terms of this Agreement as directed by the CITY OF MAITLAMD up to
the date of termination; provided, however, it is acknowledged
that the Contractor shall not he 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 expiation 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 ten percent (10t) 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 OP 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 MAInaND's designated
personnel, hereinafter referred to as "Directors.
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 °maniarl 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, enatre
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
alI 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 OP MAITLAHD'a 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 co•Mencemen• on any
routine maintenance, shall receive a Purchase Order Rumber 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 !ball be used to identify each job.
c) The Contractor shall be issued a separate Purchase
Order and-Job Reber 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 boure, 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) Compensation. 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 $88.00/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 $112.00/man
hour per hang for °Wartime emergency Maintenance. Overtime
emergency maintenance shall be maintenance and construction for
which the Contractor has been given lees than five (5) working
days' notice and the work shall be performed after four o'clock PR
(4:005x) and before seven-thirty AM (7:30Ax), 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 $88.00/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) Per 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) In 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 $112.00/nan
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 sicolet 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 258
sb t1 be added for amounts up to $500.00, 20t for amounts between
$501.00 and $2,000.00, and 15t for all amounts equal to, or in
excess of $2,001.00 said amounts to consist of the coot 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 leant 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 specialised 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 $ 94.00 per hour
(2) Lift Truck $ 94.00 per hour
(3) Auger/Crane Truck $148.00 per hour
(4) Service Vehicle $ 59.00 per hour
7) Extra Work. It is understood and agreed under this
Agreement that the Contractor shall bold 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. Thie 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
tractor 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 C_ 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 he notified in writing within a
reasonable time when the original equipment has been repaired and
replaced. The Director must authorise 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 Goner 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 Band. 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 some 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. Par new construction or other major projects. the
Owner may require a band 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 knbmn 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 lass than $1,000,000.00 to covet any and all clabas.. arisiDg
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 Omer shall be named as
additional insured under any and all public liability policies.
13) Final 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
rmmanah p 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
withthis relationship relationship Boorr status.�Nothing in this Agreement inconsistent
with
be in any bey 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 cut 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 each
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 nall and void, the remaining parts of this
Agreement shall continue in full force and effect as though such
sentence, provision, paragraph, or section has been omitted from
this Agreement.
CITY OF
8 tore/ e (Seal)
:+:. ..r+4. $10:01, EA1ACEEENT LLC
signature Date / (Seal
Traffic Engineering and Management, LLC
•
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dba/Control Specialists
Construction and Mab'nnance Services
Exhibit "A"
I. Signal Operation:
a) Observe operation for one complete cycle.
a Inspect the Traffic Signal Assembly:(mktortne agoakep)
a) Dubs artbr LED degradation
b) &alai eon heads,Maas,lens
c) Broken a bone tackles
d) Loon doomed hanger mid door •
a Electric Service:
e Conduit deer secure
b) Metribar"a'
c) $earotaeska cover
,. Poles-Mast Arms:
a) Rake ypmrane
0) AnyesOIe breekags withal polo
to Mad Mn—Par FDOT,Inspect bases,paint and grout concern,hand IS saint et.
a Pedestrian Signals:
a) *d hearts,lens,tub broken or out
b) Push damdoropaMlonal
6. Cabinet and Base:
e) Soared weattertpN
b) My table dernagaro.dana or base
z. Cabinet Interior:
a) Detectors tuned
b) Random dads coney nurser
c) game lash wdtlon,Including poke door
d) gave cadkcla and weld motor °Pratte can an the a®be Buried API roMef
manlpeAW Certikenon
e) Ohedr Pee ti ponabb
I Check Si,clan operation
g) Clean abkret ketlor
h) Check Sam atastern(anbetdyNvie)
0
Moved that cameras and commas system are tanking
a Solar Powered Signals:
a) Check sewn of pads
b) Review program of°pennon
c) Observecpae6cn
d) Check batmdes
707 Nude Alone-Suite 100A-WE Pak,PL 32769-P6(407)6211-1065-R a WM6261932