Item #06 Approval to Execute a Revised Agreement with DDOT in Connection with Widening of SR50 be c of Good L
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AGENDA ITEM COVER SHEET
Meeting Date: March 1, 2011
Item # l.0
Reviewed By:
CIP Manager Department Director: /��
Contact Name: Al Butler,
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Contact Number: 407 - 905 -3100, ext. 1543 City Manager:
Subject: Approval of and authorization for the Mayor to execute a revised greement with the Florida
Department of Transportation in connection with the widening of SR 50 that will upgrade the traffic signal
installation at Vizcaya Lakes Blvd. to use mast arm structures. (District 2 — Wilsen)
Background Summary:
The Florida Department of Transportation (FDOT) plans to widen SR 50 through the City of Ocoee. The
first part of the project will widen SR 50 from east of the entrance to the West Oaks Mall to Good Homes
Road. We expect this project to begin in mid -2012. FDOT has agreed to allow the City of Ocoee to pay
the additional cost of using mast arm traffic signals at the one included signal - controlled intersection,
which is SR 50 at Vizcaya Lakes Blvd. The difference in cost between the strain pole installation
originally planned by FDOT and the mast arm installation desired by the City is $12,430. FDOT has
agreed to pay the additional costs of modifying the plans. The City's only cost is the difference in price
between strain poles and steel mast arms.
The original Agreement was executed by the City on January 4, 2011, but was not signed by FDOT.
Since that time, FDOT has been directed by the Governor to modify the standard Agreement language to
include a requirement for all local governments to utilize the U.S. Department of Homeland Security's E-
Verify system, in accordance with the terms governing use of the system, to confirm the employment
eligibility of:
• All persons employed by the local government during the term of the Agreement to perform
employment duties within Florida; and
• All persons, including subcontractors, assigned by the local government to perform work pursuant
to the contract with the Department.
This new language will require the City to use the federal E- Verify system when hiring any new
employees and to confirm the eligibility of any existing employees who work on the project for the period
of time beginning with the execution of the Agreement and extending until one year after completion of
the construction project.
Issue:
The Engineering Department has proposed that the City enter into a revised Agreement with FDOT to
modify the construction plans for widening SR 50 to include a mast arm traffic signal configuration at the
intersection of SR 50 and Vizcaya Lakes Blvd.
1
Recommendations
The Engineering Department recommends that the City Commission authorize the Mayor to execute the
revised Agreement to upgrade the planned traffic signal installation to include mast arms.
Attachments:
• Revised Locally Funded Agreement.
Financial Impact:
The cost of the mast arm signal installation was approved by the City Commission on January 4, 2011.
There is no fee to use the E- Verify system.
Type of Item: (please mark with an x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion & Direction
X Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by ( ) N/A
2
FM #: 239535- 5 -52 -01 Original Draft: 12/6/2010
Page 1 of 10 Revised: 1/25/2010
Agency: City of Ocoee Fund: LF Financial Management No.:
Vendor No: F596019764 -002 Contract Amount: $12,430.00 239535- 5 -52 -01
LOCALLY FUNDED AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF OCOEE
This AGREEMENT, made and entered into this day of , 2011,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter
referred to as the "DEPARTMENT ") and the CITY OF OCOEE, a Florida Municipal Corporation
(hereinafter referred to as the "LOCAL GOVERNMENT "),
WITNESSETH:
WHEREAS, the Parties have been granted specific legislative authority to enter into this
Agreement pursuant to Section 339.12, Florida Statutes; and
WHEREAS, the LOCAL GOVERNMENT has authorized its officers to execute this
Agreement on its behalf as approved by the Ocoee City Commission on , 2011
under Agenda Item No. ; and
WHEREAS, the DEPARTMENT is prepared, in accordance with its Adopted Five Year
Work Program, to undertake the project described as: "State Road 50 Widening Project from East
of West Oaks Mall to West of Good Homes Road ", said project being known as Financial
Management (FM) Number 239535- 5- 52 -01, hereinafter referred to as the "Project "; and
WHEREAS, the Project is not revenue producing and is contained in the Adopted Work
Program; and
WHEREAS, the implementation of the Project is in the interests of both the
DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious, and
economical for the LOCAL GOVERNMENT to provide the funds to: Upgrade Standard FDOT
Concrete Strain Pole Signals to Painted Galvanized Mast Arm Structures at the Intersection of State
Road 50 and Vizcaya Lake Road, in Fiscal Year 2012/2013, and said improvements shall
hereinafter be referred to as the "Additional Improvements "; and
WHEREAS, in order to maintain uniformity throughout the Project and to provide for the
Additional Improvements in a cost effective manner, the LOCAL GOVERNMENT desires to have
FM #: 239535- 5 -52 -01 Original Draft: 12/6/2010
Page 2 of 10 Revised: 1/25/2010
said Additional Improvements made a part of the Project and to provide funding to the
DEPARTMENT to be used for the Additional Improvements as described in "Exhibit A ";
NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint
participation of this Agreement, the parties agree as follows:
1. The terms of this Agreement shall begin upon the date of signature of the last party
to sign and shall remain in full force and effect through completion of all services required of the
LOCAL GOVERNMENT. The DEPARTMENT may, at any time and at any stage, amend or
terminate the Project in whole or in part if the DEPARTMENT determines that such action is in the
best interests of the public.
2. The DEPARTMENT shall cause the Additional Improvements described in Exhibit
"A" to be incorporated into the DEPARTMENT'S plans for the State Road 50 Widening Project
from East of West Oaks Mall to West of Good Homes Road and to be constructed as a part of said
Project.
3. The LOCAL GOVERNMENT agrees to inspect, maintain, maintain paint, repair and
replace the painted galvanized mast arms in perpetuity in accordance with the terms of the Traffic
Signal Maintenance and Compensation Agreement previously signed by the parties hereto. The
parties agree that, upon installation, the painted galvanized mast arm structures shall be owned by
the DEPARTMENT and the DEPARTMENT shall be entitled to inspect the mast arm structures at
all times.
4. The DEPARTMENT shall perform necessary preliminary engineering, prepare any
and all design plans, acquire all necessary right -of -way, perform the construction, provide all
necessary engineering supervision, and otherwise perform all other necessary work, all as may be
applicable for the Project as previously defined. The Project as previously defined may include
some or all of the foregoing activities. Nothing herein shall be construed as requiring the
DEPARTMENT to perform any activity which is outside the scope of the Project as previously
defined. Except as specifically stated otherwise in this Agreement, all such activities shall be
performed by such entities, at such times, in such manner, under such conditions, and pursuant to
such standards as the DEPARTMENT, in its sole discretion, deems appropriate. The LOCAL
GOVERNMENT shall not have any jurisdiction or control over the DEPARTMENT'S activities,
except as specifically stated in this Agreement. The LOCAL GOVERNMENT shall be entitled to
be advised of the progress of the Project at reasonable intervals upon request.
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Page 3 of 10 Revised: 1/25/2010
5. Participation by the LOCAL GOVERNMENT of the funds for the construction
phase of the Project shall be made as follows:
(A) The DEPARTMENT'S current estimate of the Additional Improvements cost is
$12,430.00 (Twelve Thousand Four Hundred Thirty Dollars and No /100). The
DEPARTMENT'S performance and obligation to construct the Project is contingent upon an annual
appropriation by the Florida Legislature. The parties agree that in the event funds are not
appropriated to the DEPARTMENT for the Project, this Agreement may be terminated, which shall
be effective upon the DEPARTMENT giving written notice to the LOCAL GOVERNMENT to that
effect.
(B) The LOCAL GOVERNMENT agrees that it will, at least sixty (60) calendar days
prior to the DEPARTMENT'S advertising the project for bid, furnish the DEPARTMENT an
advance deposit in the amount of $12,430.00 (Twelve Thousand Four Hundred Thirty Dollars
and No /100) for full payment of the estimated cost of the Additional Improvements. The advance
deposit shall be the total estimated cost for the Additional Improvements. The DEPARTMENT may
utilize this deposit for payment of the cost of the Additional Improvements.
(C) Both parties further agree that in the event the Additional Improvements are not
constructed or this Agreement is terminated prior to commencement of construction of the Project,
the funds provided by the LOCAL GOVERNMENT for construction of the Additional
Improvements will be returned to the LOCAL GOVERNMENT. However, in the event the LOCAL
GOVERNMENT decides not to participate in the Additional Improvements of the Project prior to
construction, the LOCAL GOVERNMENT agrees to furnish the DEPARTMENT 25% (twenty five
percent) of the estimated Additional Improvements cost to cover the extra cost associated with
design plan revisions. The LOCAL GOVERNMENT will provide the 25% charge to the
DEPARTMENT within fourteen (14) calendar days of notification that the LOCAL
GOVERNMENT will not participate in this Agreement. If in the event the LOCAL
GOVERNMENT has made the advance deposit required herein prior to their decision not to
participate, the DEPARTMENT shall be entitled to retain 25% of the advance deposit amount and
to remit the 75% balance to the LOCAL GOVERNMENT.
(D) If the accepted bid amount for the Additional Improvements is in excess of the
advance deposit amount, the LOCAL GOVERNMENT will provide an additional deposit within
fourteen (14) calendar days of notification from the DEPARTMENT or prior to posting of the
accepted bid, whichever is earlier, so that the total deposit is equal to the bid amount. The
FM #: 239535- 5 -52 -01 Original Draft: 12/6/2010
Page 4 of 10 Revised: 1/25/2010
DEPARTMENT will notify the LOCAL GOVERNMENT as soon as it becomes apparent the
accepted bid amount is in excess of the advance deposit amount; however, failure of the
DEPARTMENT to so notify the LOCAL GOVERNMENT shall not relieve the LOCAL
GOVERNMENT from its obligation to pay for its full participation. If the LOCAL
GOVERNMENT cannot rovide the additional deposit within fourteen (14) days, p ) s, a letter must be Y
submitted to the DEPARTMENT'S Project Manager indicating when the deposit will be made. The
I I
LOCAL GOVERNMENT understands the request and approval of the additional time could delay
the Project, and additional costs may be incurred due to delay of the Project.
(E) If the accepted bid amount for the Additional Improvements is less than the advance
deposit amount, the DEPARTMENT will refund the amount that the advance deposit exceeds the
bid amount if such refund is requested by the LOCAL GOVERNMENT in writing.
(F) Should Project modifications or changes to bid items occur that increase the LOCAL
GOVERNMENT'S share of total Additional Improvements costs, the LOCAL GOVERNMENT
will be notified by the DEPARTMENT accordingly. The LOCAL GOVERNMENT agrees to
provide, without delay, in advance of the additional work being performed, adequate funds to
ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund its share of the
Project. The DEPARTMENT shall notify the LOCAL GOVERNMENT as soon as it becomes
apparent the actual costs will overrun the award amount; however, failure of the DEPARTMENT to
so notify the LOCAL GOVERNMENT shall not relieve the LOCAL GOVERNMENT from its
obligation to pay for its full participation during the Project and on final accounting as provided
herein below.
(G) The DEPARTMENT intends to have its final and complete accounting of all costs
incurred in connection with the work performed hereunder within three hundred sixty days (360) of
final payment to the Contractor. The DEPARTMENT considers the Project complete when the
final payment has been made to the Contractor, not when the construction work is complete. All
Project cost records and accounts shall be subject to audit by a representative of the LOCAL
GOVERNMENT for a period of three (3) years after final close out of the Project. The LOCAL
GOVERNMENT will be notified of the final cost of the Additional Improvements. Both parties
agree that in the event the final accounting of total Project costs pursuant to the terms of this
Agreement is less than the total deposits to date, a refund of the excess will be made by the
DEPARTMENT to the LOCAL GOVERNMENT. If the final accounting is not performed within
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FM #: 239535- 5 -52 -01 Original Draft: 12/6/2010
Page 5 of 10 Revised: 1/25/2010
three hundred and sixty (360) days, the LOCAL GOVERNMENT is not relieved from its obligation
to pay.
(H) In the event the final accounting of total Additional Improvements cost is greater
than the total deposits to date, the LOCAL GOVERNMENT will pay the additional amount within
forty (40) calendar days from the date of the invoice from the DEPARTMENT. The LOCAL
GOVERNMENT agrees to pay interest at a rate as established pursuant to Florida Statutes, Section
55.03, on any invoice not paid within forty (40) calendar days until the invoice is paid.
(I) The payment of funds under this Locally Funded Agreement will be made directly to
the DEPARTMENT for deposit.
(J) The DEPARTMENT and the LOCAL GOVERNMENT agree that the payment shall
be an asset of the DEPARTMENT for the cost of the work.
(K) Contact Persons:
Florida Department of Transportation
Shirley Matthews David Cooke
JPA Coordinator/MS 4 -521 Project Manager/MS 542
719 South Woodland Boulevard 719 South Woodland Boulevard
DeLand, Florida 32720 -6834 DeLand, Florida 32720 -6834
PH: (386) 943 -5452 PH: (386) 943 -5255
shirley.matthews @dot.state.fl.us david.cooke @dot.state.fl.us
Local Government
City of Ocoee
Al Butler, CIP Manager
150 North Lakeshore Drive
Ocoee, Florida 34761
PH: 407 - 905 -3100 ext. 1543
j abutler(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:
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Page 6 of 10 Revised: 1/25/2010
"The DEPARTMENT, during any fiscal year, shall not expend money, incur any
liability, or enter into any contract which, by its terms, involves the expenditure of
money in excess of the amounts budgeted as available for expenditure during such
fiscal year. Any contract, verbal or written, made in violation of this subsection is
null and void, and no money may be paid on such contract. The DEPARTMENT
shall require a statement from the Comptroller of the Department that funds are
available prior to entering into any such contract or other binding commitment of
funds. Nothing herein contained shall prevent the making of contracts for periods
exceeding one (1) year, but any contract so made shall be executory only for the value
of the services to be rendered or agreed to be paid for in succeeding fiscal years; and
this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT
which are for an amount in excess of $25,000.00 and which have a term for a period
of more than one (1) year."
8. The DEPARTMENT may unilaterally cancel this Agreement for refusal by the
LOCAL GOVERNMENT to allow public access to all documents, papers, letters, or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received by such party in
conjunction with this Agreement.
9. This Agreement constitutes the complete and final expression of the parties with
respect to the subject matter hereof, and incorporates and includes all proper negotiations,
correspondence, conversations, agreements, or understandings applicable to the matters contained
herein. The parties agree that there are no commitments, agreements or understandings concerning
the subject matter of this Agreement that are not contained in this document. Accordingly, it is
agreed that no deviation from the terms hereof shall be predicated upon any prior representation or
agreements whether oral or written.
10. This Agreement shall be governed by and interpreted in accordance with the laws of
the State of Florida. Any provision herein determined by a court of competent jurisdiction, or any
other legally constituted body having jurisdiction, to be invalid or unenforceable shall be severable
and the remainder of this Agreement shall remain in full force and effect, provided that the
invalidated or unenforceable provision is not material to the intended operation of this Agreement.
11. The LOCAL GOVERNMENT shall utilize the U.S. Department of Homeland
Security's E -Verify system, in accordance with the terms governing use of the system, to confirm
the employment eligibility of
(A) All persons employed by the LOCAL GOVERNMENT during the term of the
duties within Florida; and
Contract to perform employment ,
(B) All persons, including subcontractors, assigned by the LOCAL GOVERNMENT to
perform work pursuant to the contract with the Department.
FM #: 239535- 5 -52 -01 Original Draft: 12/6/2010
Page 7 of 10 Revised: 1/25/2010
IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement this
day of , 2011, and the DEPARTMENT has executed
this Agreement this day of , 2011.
CITY: STATE OF FLORIDA
CITY OF OCOEE, FLORIDA DEPARTMENT OF TRANSPORTATION
By: By:
Name: S. Scott Vandergrift Name: George S. Lovett
Title: Mayor Title: Director of Transportation Development
Attest: Attest:
Beth Eikenberry, City Executive Secretary
(Seal)
Approved by the Ocoee City Commission at
a meeting held on , 2011
under Agenda Item No.
FOLEY & LARDNER LLP Legal Review:
By:
City Attorney Department Attorney
Financial Provisions Approval by
Department of Comptroller on:
FM #: 239535- 5 -52 -01 Original Draft: 12/6/2010
Page 8 of 10 Revised: 1/25/2010
Exhibit "A"
SCOPE OF SERVICES
Mast Arm Signal Upgrades
FM #: 239535- 5 -52 -01
The LOCAL GOVERNMENT wishes to upgrade from standard FDOT concrete strain pole signals
to painted galvanized mast arm structures at the Intersection of State Road 50 and Vizcaya Lake
Road. The LOCAL GOVERNMENT shall pay the DEPARTMENT for the difference between the
standard concrete strain poles signals and the painted galvanized mast arm signals.
The DEPARTMENT'S Contractor shall construct the Additional Improvements as part of the SR 50
re- construction and six - laning contract at the above referenced intersection.
The LOCAL GOVERNMENT is responsible for the cost difference between the standard FDOT
concrete strain pole signals and the painted galvanized mast arm structures. The LOCAL
GOVERNMENT shall be responsible for preventive and periodic maintenance (as explained
below), in perpetuity, of the painted galvanized mast arm signals, as stated in the Traffic Signal
Maintenance and Compensation Agreement previously signed by the parties hereto, and as
explained below.
Preventative Maintenance includes but is not limited to:
Repainting or spot painting; tightening of nuts and replacing nuts and bolts (not including anchor
bolts); replace missing cap covers and access hole cover plates; Cleaning; Removal of soil built up
around foundations (lighting, signs and connections); Repair and /or removal of grout pads; vermin
guard installation; tree trimming; response to traffic impact; wiring issues, including improper
grounding; reattaching anchor bolt covers and access hole covers.
Periodic Maintenance includes but is not limited to:
Repair of cracks in mast arm structure; resetting of anchor bolts; repair or replacement of
deteriorated anchor bolts; repair of arm; and replacement of mast arm; and address improper
standoff distance.
FM #: 239535- 5 -52 -01 Original Draft: 12/6/2010
Page 9 of 10 Revised: 1/25/2010
The LOCAL GOVERNMENT shall be responsible for the replacement of the entire mast arm
assembly in case the need to replace the mast arm(s) is due to the local government failure to
properly maintain the mast arm structure. The DEPARTMENT and /or its consultant will perform
routine inspections (every five (5) years) and non - routine inspections (at any time) on the subject
mast arms. As a result of these inspections and according to the Procedure No 850- 010 -030 -g
(Bridge and other Structures Inspection and Reporting) the DEPARTMENT will issue Work Orders
(WO) to the LOCAL GOVERNMENT to repair /replace any of the mast arm assembly items
(structural and non structural). The LOCAL GOVERNMENT will be given a time frame to
properly address the required repairs /replacements based on the DEPARTMENT'S WO priority as
follows:
• Priority 1(Emergency): Repair /replacement work must start immediately and shall be
completed within 60 days of the WO date.
• Priority 2 (Urgent): Repair /replacement work requires immediate attention and shall be
completed within 180 days of the WO date.
• Priority 3 (Routine): Shall be completed within 360 days of the WO date.
• Priority 4 (Informational): There is no time limit to complete the work.
FM #: 239535- 5 -52 -01 Original Draft: 12/6/2010
Page 10 of 10 Revised: 1/25/2010
Exhibit `B"
Estimate
FM #: 239535- 5 -52 -01
SUMMARY OF ESTIMATED BID PRICES FOR MAST ARMS
The estimate is based on Statewide and District Average Bid Price for the following items times an
escalation to bring the cost up to the construction fiscal year.
ESTIMATED COST
Estimated
Description Quantity Unit Price Cost
Mast Arm, F &I, WS- 130,Dbl Arm, W/O LU -46 -70.5 1 $26,675 $26,675
Mast Arm, F &I, WS -130, single Arm, W/O LU -60 1 $19,475 $19,475
Total $46,150
Strain Pole- P -VIII- 56' 4 $7,255 $29,020
Span Wire — 2pt Box Span 1 $4,700 $4,700
Strain pole
credit $33,720
LFA Estimate $12,430
Note: This is only an estimate and is subject to change based on actual bid prices.