Item #12 Approval of 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 Mall\`` ',
OCO(
florida
AGENDA ITEM COVER SHEET
Meeting Date: December 2, 2014
Item # I
Reviewed By.
Contact Name: David A. Wheeler, P.E. Department Director:
Contact Number: 407 - 905 -3100, ext. 9 -1504 City Manager:
Subject: Installation of Street Lighting on SR 50 as part of FDOT's Willening Project from
Good Homes Road to the Entrance to the West Oaks Mall (Districts 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
is 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 has allowed LED lights on a few highway projects as
test cases. 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 widening. 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.
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.
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 914.50 per light per month. This Agreement
also has an escalation clause in it that increases I'D OT'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 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 approve the upgrade of the traffic signals under the FDOT's SR 50
widening project and authorize the Mayor and City Clerk to execute the 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 z')
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Dept Use:
XX Consent Agenda
Public Hearing
Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ()
2
N/A
N/A
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Financial Management No.
239535- 5 -58 -01
Agency: City of Ocoee
Contract No:
Fund: DDR Function: 215
Contract Amount: 5120,000.00
FLAIR Approp: 088716
FLAIR Obj.: 55054010508
Org. Code: 320024
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 Lighting on State
Road 50 from West Oaks Mall to Good Homes Road ", in Fiscal Year 2014/2015, said Project
being known as FM #239535- 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.
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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.
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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.
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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
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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.
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 /100) 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 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
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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.
H. Audits: The administration of resources awarded by the Department to the
LOCAL GOVERNMENT may be subject to audits and /or monitoring by the Department, as
described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A -133 and
Section 215.97, Florida Statutes, as revised (see "AUDITS" below), monitoring procedures may
include, but not be limited to, on -site visits by Department staff, limited scope audits as defined
by OMB Circular A -133, as revised, and /or other procedures. By entering into this Agreement,
the recipient agrees to comply and cooperate fully with any monitoring procedures /processes
deemed appropriate by the DEPARTMENT. In the event the DEPARTMENT determines that a
limited scope audit of the recipient is appropriate, the recipient agrees to comply with any
additional instructions provided by the DEPARTMENT staff to the LOCAL GOVERNMENT
regarding such audit. The LOCAL GOVERNMENT further agrees to comply and cooperate
with any inspections, reviews, investigations, or audits deemed necessary by the
DEPARTMENT'S Office of Inspector General (OIG) and Florida's Chief Financial Officer
(CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
Recipients of federal funds (i.e. state, local government, or non -profit organizations as
defined in OMB Circular A -133, as revised) are to have audits done annually using the
following criteria:
I . In the event that the recipient expends $500,000 or more in Federal awards
in its fiscal year, the recipient must have a single or program - specific audit conducted in
accordance with the provisions of OMB Circular A -133, as revised. If applicable, Exhibit
"E" to this Agreement indicates Federal resources awarded through the DEPARTMENT
by this Agreement. In determining the Federal awards expended in its fiscal year, the
recipient shall consider all sources of Federal awards, including Federal resources
received from the DEPARTMENT. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB Circular A-
133, as revised. An audit of the recipient conducted by the Auditor General in
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accordance with the provisions in OMB Circular A -133, as revised, will meet the
requirements of this part.
2. In connection with the audit requirements addressed in Part 1, paragraph
1., the recipient shall fulfill the requirements relative to auditee responsibilities as
provided in Subpart C of OMB Circular A -133, as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal
year, an audit conducted in accordance with the provisions of OMB Circular A -133, as
revised, is not required. However, if the recipient elects to have an audit conducted in
accordance with the provisions of OMB Circular A -] 33, as revised, the cost of the audit
must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from
recipient resources obtained from other than Federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic
Assistance (CFDA) title and number, award number and year, and name of the awarding
federal agency.
PART II: STATE FUNDED
Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(m),
Florida Statutes) are to have audits done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial
assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a
State single or project - specific audit for such fiscal year in accordance with Section
215.97, Florida Statutes; applicable rules of the Department of Financial Services and the
CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -
profit organizations), Rules of the Auditor General. If applicable, Exhibit "E" to this
Agreement indicates state financial assistance awarded through the DEPARTMENT by
this Agreement. In determining the state financial assistance expended in its fiscal year,
the recipient shall consider all sources of state financial assistance, including state
financial assistance received from the DEPARTMENT, other state agencies, and other
nonstate entities. State financial assistance does not include Federal direct or pass -
through awards and resources received by a nonstate entity for Federal program matching
requirements.
2. In connection with the audit requirements addressed in Part II, paragraph
1, the recipient shall ensure that the audit complies with the requirements of Section
215.97(7), Florida Statutes. This includes submission of a financial reporting package as
defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the
Auditor General.
3. If the recipient expends less than $500,000 in state financial assistance in
its fiscal year, an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes, is not required. However, if the recipient elects to have an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost
of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an
audit must be paid from the recipient's resources obtained from other than State entities).
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4. State awards are to be identified using the Catalog of State Financial
Assistance (CSFA) title and number, award number and year, and name of the state
agency awarding it.
PART III: OTHER AUDIT REQUIREMENTS
The recipient shall follow up and take corrective action on audit findings. Preparation of
a summary schedule of prior year audit findings, including corrective action and current
status of the audit findings is required. Current year audit findings require corrective
action and status of findings.
Records related to unresolved audit findings, appeals, or litigation shall be retained until
the action is completed or the dispute is resolved. Access to Project records and audit
work papers shall be given to the DEPARTMENT, the Department of Financial Services,
and the Auditor General. This section does not limit the authority of the DEPARTMENT
to conduct or arrange for the conduct of additional audits or evaluations of state financial
assistance or limit the authority of any other state official.
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with
OMB Circular A -133, as revised, and required by PART I of this Agreement shall be
submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on
behalf of the recipient directly to the following:
A. The DEPARTMENT at the following address:
Florida Department of Transportation
Office of Comptroller, M.S. 24
605 Suwannee Street
Tallahassee, Florida 32399 -0405
Email: FDOTSinaleAudit i ddot.state.Il.us
B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as
revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-
133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East I O Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass- through entities in accordance with
Sections .320 (e) and (f), OMB Circular A -133, as revised.
2. In the event that a copy of the reporting package for an audit required by
PART I of this Agreement and conducted in accordance with OMB Circular A -133, as
revised, is not required to be submitted to the DEPARTMENT for reasons pursuant to
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Section .320 (e)(2), OMB Circular A -133, as revised, the recipient shall submit the
required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's
audited schedule of expenditures of Federal awards directly to the following:
Florida Department of Transportation
Office of Comptroller, M.S. 24
605 Suwannee Street
Tallahassee, Florida 32399 -0405
Email: F DOTS inPleAudit(�dot.state.fl.us
In addition, pursuant to Section .320 (f), OMB Circular A -133, as revised, the
recipient shall submit a copy of the reporting package described in Section .320 (c), OMB
Circular A -133, as revised, and any management letters issued by the auditor, to the
DEPARTMENT at the following address:
Florida Department of Transportation
Office of Comptroller, M.S. 24
605 Suwannee Street
Tallahassee, Florida 32399 -0405
Email: FDOTSinleAudit a dot.state.fl.us
3. Copies of financial reporting packages required by PART II of this
Agreement shall be submitted by or on behalf of the recipient directly to each of the
following:
A. The DEPARTMENT at the following address:
Florida Department of Transportation
Office of Comptroller, M.S. 24
605 Suwannee Street
Tallahassee, Florida 32399 -0405
Email: FDOTSingleAuditndot.state.fl . us
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399 -1450
4. Copies of reports or the management letter required by PART III of this
Agreement shall be submitted by or on behalf of the recipient directly to:
A. The DEPARTMENT at the following address:
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Florida Department of Transportation
Office of Comptroller, M.S. 24
605 Suwannee Street
Tallahassee, Florida 32399 -0405
Email: FDOTSinPleAudit cr,dot.state.fl.us
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Revised:
5. Any reports, management letters, or other information required to be
submitted to the DEPARTMENT pursuant to this Agreement shall be submitted timely in
accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the
Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the
DEPARTMENT for audits done in accordance with OMB Circular A -133 or Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations),
Rules of the Auditor General, should indicate the date that the reporting package was
delivered to the recipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms
of this Agreement for a period of at least five (5) years from the date the audit report is
issued, and shall allow the DEPARTMENT, or its designee, CFO, or Auditor General
access to such records upon request. The recipient shall ensure that audit working papers
are made available to the DEPARTMENT, or its designee, CFO, or Auditor General
upon request for a period of at least five (5) years from the date the audit report is issued,
unless extended in writing by the DEPARTMENT.
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 1 l 9, 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.
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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)
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 amount 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.
FM# 239535- 5 -58 -01 Original: 07/23/2014
Page 12 of 21 Revised:
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
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 tenninated, 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
FM# 239535- 5 -58 -01 Original: 07/23/2014
Page 13 of 21 Revised:
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
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.
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(c�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. rein hart((Wot.state.fl.us
Vincent Vacchiano
Construction Project Manager
MS 3 -506
719 South Woodland Boulevard
DeLand, Florida 32720 -6834
(386) 943 -5406
vincent.vacchianon _ a dot.state.fl.us
FM# 239535- 5 -58 -01
Page 14 of 21
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 ,ci.ocoee.fl.us
Original: 07/23/2014
Revised:
FM# 239535- 5 -58 -01
Page 15 of 21
Original: 07/23/2014
Revised:
IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement
this day of
this day of
CITY OF OCOEE, FLORIDA
By:
Attest:
C
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Bv:
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
2014, and the DEPARTMENT has executed this Agreement
_, 2014.
Authorization Received From
The Comptroller's Office As
To Availability of Funds:
FM# 239535- 5 -58 -01
Page 16 of 21
EXHIBIT "A"
SCOPE OF SERVICES
Financial Management Number: 239535- 5 -58 -01
P urpose
Original: 07/23/2014
Revised:
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 +76 LT & RT
Sta. 886 +68 LT & RT
Sta. 888 +65 LT & RT
Sta. 890 +61.5 LT & RT (bridge location)
Sta. 892 +51.5 LT & RT (bridge location)
Sta. 894 +28 LT & RT
Sta. 896 +04 LT only
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
UTILITY 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.
FM# 239535- 5 -58 -01
Page 17 of 21
Original: 07/23/2014
Revised:
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 18 of 21
EXHIBIT " B "
ESTIMATED SCHEDULE OF FUNDING
Financial Management Number: 239535- 5 -58 -01
Original: 07/23/2014
Revised:
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 19 of 21
EXHIBIT "C"
NOTICE OF COMPLETION
Original: 07/23/2014
Revised:
JOINT PARTICIPATION AGREEMENT
Between
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
and CITY OF OCOEE
PROJECT DESCRIPTION: Construction of Highway 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.
IN
Name:
Title:
FM# 239535- 5 -58 -01
Page 20 of 21
EXHIBIT "D"
RESOLUTION
Financial Management Number: 239535- 5 -58 -01
Original: 07/23/2014
Revised:
(Attached)
FM# 239535- 5 -58 -01 Original: 07/23/2014
Page 21 of 21 Revised:
EXHIBIT "E"
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) -
$ (amount)
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Federal Program (list Federal any Catalog of Federal Domestic Assistance title and number) -
$ (amount)
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project (list State awarding agency, Catalog of State Financial Assistance title and number) -
$ (amount)
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
DUKE
ENERGY,
DE Contact: Betty Jurek
Address: 452 E. Crown Point Rd. Winter Garden, FL 34787
Phone: 321 - 297 -0957
Project Details
Customer: City of Ocoee
Account: 94813 -88406
Site: W. Colonial Dr.
Contact: David Wheeler
Phone: 407 - 509 -3289
WR 728513
November 21, 2014
Scope of
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.
T e 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 I
assessment program, please verify that these facilities meet the requirements within that jurisdiction. Should the agency not accept these facilities into
their program, the entity who signs the Lighting Service Contract will remain responsible for payment.
Thank you for your lighting request. We took forward to working with you on this project.
Authorized Signature
Lighting Proposal
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
$6.77
$14.581
$335.34
23
36' Aluminum DOT Buy Down
$17.36
$17.361
$399.28
Rental, Maintenance, F&E Totals:
Estimates valid for 30 days and subject to change.
$597.07
$37.53
$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.
T e 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 I
assessment program, please verify that these facilities meet the requirements within that jurisdiction. Should the agency not accept these facilities into
their program, the entity who signs the Lighting Service Contract will remain responsible for payment.
Thank you for your lighting request. We took forward to working with you on this project.
Authorized Signature
Lighting Proposal
Date
(Please sign and date to approve this proposal and return via email or the mailing address above)