Hwy Lighting AM859 7/1/14 to 6/30/15FDOT
Florida Department of Transportation
RICK SCOTT
GOVERNOR
Mr. Brian Whitehall
City of Okeechobee
55 Southeast 3`d Avenue
Okeechobee, Florida 34974
801 North Broadway Avenue
Bartow, FL 33830
June 25, 2014
x272014
ANANTH PRASAD, P.E.
SECRETARY
RE: 14/15 Highway Lighting, Maintenance, and Compensation Agreement
City of Okeechobee
Dear Mr. Whitehall:
I am enclosing your copy of the fully executed State Highway Lighting, Maintenance,
and Compensation Agreement for the City of Okeechobee. Your Agency will be responsible for
the maintenance and for the payment of all cost of electrical power and/or other electrical
charges, incurred in connection with the operation of all lighting now or hereafter located on the
State Highway System within the jurisdictional boundaries of the City as per paragraph 1 of the
attached agreement.
The City may submit an invoice for these services in accordance with paragraph 2,
Compensation and Payment, anytime after May 19, 2015, but no later than 180 days after the end
of Fiscal Year (June 30, 2015).
Thank you for your cooperation. If you have any questions, please call.
JLS
Enclosure (s)
cc: File
Stacy Hill (MS 1 -91)
Sincerely,
District Maintenance Contracts Specialist
www.dot.state.fl.us
EXHIBIT "A"
FY 14/15 FDOT WORK ORDER
STATE HIGHWAY LIGHTING MAINTENANCE, AND COMPENSATION
AGREEMENT
Contract Number AM859
Maintaining Agency: Citv of Okeechobee
Financial Project No.: 413552 -1 -78-01
Effective Date: July 1. 2014 to June 30, 2015
1.0 PURPOSE
This exhibit defines the method and limits of compensation to be made to the
Maintaining Agency for the services described in the original agreement executed
on 7/30/02.
2.0 COMPENSATION
The Department will compensate each Maintaining Agency for maintenance of
lights being maintained on state highways for FY 14/15 is 90% of the total
number of lights at $251.32 per light.
The current inventory of lights to be maintained by your agency for FY 14/15 is
one - hundred- twenty -nine (129) at a cost of $25L32 per light, which brings the
amount of compensation to $29.178.25.
3.0 PAYMENT PROCESSING
The Maintaining Agency shall invoice the Department yearly for services
rendered in a format acceptable to the Department.
For Satisfactory completion of all services as detailed in the original agreement for this
FY 14/15, the Department will pay the Maintaining Agency a Total Lump Sum of
$29,178.25.
By:
Date:
L. arris
OT District Maintenance Administrator
tet).//4
...- t
By:
City /County
Date: 6- ...23 ~ .1b l f
370
MARCH 17, 2015 • REGULAR MEETING • PAGE 6 OF 9
IX. PUBLIC HEARING CONTINUED
B. 2. b) Discussion and comments continued.
c) Vote on motion.
CLOSE PUBLIC HEARING - Mayor
X. NEW BUSINESS
A. Consider a request to authorize an independent parking study for the City of
Okeechobee - Hoot Worley, Economic Council of Okeechobee (Exhibit 4).
ITEM ADDED TO AGENDA: Motion to terminate the Florida Department of
Transportation Contract No. AM859, Highway Lighting, Maintenance and
Compensation Agreement - City Administrator (Exhibit 7).
On May 5, 2015, the City Council will consider Application No. 15- 001 -SSA for final adoption at a Public Hearing, and
first readings for Petitions No. 15-001 -R and 15- 002 -R. On May 19, 2015, the City Council will consider Petitions No.
15- 001 -R, 15 -002 -R together with this proposed ordinance, for final adoption at a Public Hearing. Mayor Kirk asked
whether there were any comments or questions from the public. There were none.
VOTE
KIRK - YEA
RITTER - ABSENT
CHANDLER - YEA
WATFORD - YEA
MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:25 P.M.
O'CONNOR •YEA
MOTION CARRIED.
This item was withdrawn from the agenda with anticipation to be readdressed at the April 7, 2015 meeting.
Council Member Watford moved to terminate FDOT Contract No. AM859, (Project No. 413552- 1- 78 -01), Highway
Lighting, Maintenance and Compensation Agreement (as recommended by City Staff, effective June 30, 2016);
seconded by Council Member O'Connor.
Director Allen explained, FDOT requested the City and County consider opting out of their agreements, which will then
allow FDOT to transfer responsibility for all maintenance of their street lights along US Highway 441 and State Road
70 to an approved maintenance contractor (129 street lights are within the City Limits). The Board of County
Commissioners selected to relinquish their maintenance responsibilities at their February 12, 2015, meeting.
The current agreement provides the City an annual compensation of $29,178.25 to maintain the street lights for FDOT.
However, the costs the City incurs to maintain them is much more than the compensation. Costs incurred are an
annual utility bill of approximately $71,249.00, plus costs for an electrician, equipment and the manpower of three to
four Public Works employees and a Police Officer each time repairs or replacements are conducted. FDOT advised
the City that the utility costs for the street lights would be included with the new maintenance contracts being bid out.
Meaning the City would not have maintenance nor the utility bill for the street lights. This option seems too good to
be true, but should the new contract contradict what they are proposing, then the underlying existing contract will
prevail.
VOTE
KIRK - YEA
RITTER - ABSENT
CHANDLER - YEA O'CONNOR - YEA
WATFORD • YEA MOTION CARRIED.
City of Okeechobee 55 SE 3'd Av Okeechobee FL 34974 -2932
Office of the City Administrator Brian Whitehall
Ph 863- 763 -3372 Fax 763 -1686 email: bwhitehall (d,citvofokeechobee.com
* * * * * Memorandum * * * * *
March 17, 2015
TO: Mayor & City Council
FR: Administrator Whitehall
RE: Agenda additions /withdrawals
Note:
• Councilman Ritter will be absent
• Fire Chief Herb Smith will be absent, officer Lalo Rodriquez will
be present
1. Please consider REMOVING the following item from the Agenda
as Hoot Worley of the Economic Council has requested and expects
to readdress at the April 7, 2015 meeting:
A. `Consider a request to authorize an independent parking
study for the City of Okeechobee — Hoot Worley, Economic
Council of Okeechobee (Exhibit 4)
2. Please consider ADDING the following item to the Agenda as Item
A, under New Business (in place of the above removed item A):
X. NEW BUSINESS
A. Consider `motion to terminate the FDOT contract # AM859
Highway Lighting, Maintenance and Compensation Agreement,
effectively opting out of the City's responsibility for the
maintenance and electrical costs associated with approx 129
street lights on SR 70 and US 440 within the City limits,
effective with FDOT retaining alternate contracted services'.
(See DPWks David Allen memo attached)
To:
CITY OF OKEECHOBEE, PUBLIC WORKS
Memo
Mayor James Kirk, Councilmen Noel Chandler, Dowling Watford, Mike O'Connor
and Gary Ritter
C.0 Brian Whitehall, City Administrator
From: Brian
Date: 3/17/2015
Re: Florida Department of Transportation - Performance Highway Lighting Agreement
Termination Recommendation
Requested Action:
That the Okeechobee City Council approves opting out of the existing Lighting Maintenance Agreement
allowing FDOT to transfer responsibility for all maintenance of the existing FDOT street lights on US 441
and SR70 to an approved FDOT maintenance contractor.
Background:
Currently, the City has a State Highway Lighting Maintenance and Compensation Agreement with FDOT
for the ongoing maintenance of street lights within the city that are located on FDOT ROW. The current
agreement was executed on July 1, 2014. Each year FDOT and the City execute a work order that
compensates the City on a per street light basis. For the fiscal year 14/15 the amount of compensation is
$29,178.25 based on 129 lights at a rate of $251.23 at a reimbursement rate of 90 %. This is adjusted
annually by the CPI.
FDOT is giving the City as well as the County the option to have FDOT take back the maintenance and
responsibility for the street lights. If the City chooses to relinquish the responsibility, FDOT will include
the maintenance of the lights in the maintenance contract which is being bid by FDOT for other on -going
maintenance activities in the area. FDOT has expressed a preference to have a constant response from
the City and County, i.e. either the City and County relinquish responsibility to FDOT or both retain the
responsibility but that is not a requirement. The County has selected to relinquish maintenance
responsibilities of the street lights in the county to FDOT at their February 12th meeting.
Relinquishing the light to FDOT will have a net positive impact on the City. As stated previously, the City
currently receives $29,907 annually for the maintenance of the lights. Review of the Florida Power and
Light utility bills for the lights in question shows that the City pays approximately $71,249 in energy costs
for the calendar year of 2014. In addition to the energy costs, the City incurs ongoing maintenance costs
which vary from year to year. Examples of the tasks include bulb replacement, replacement of poles
damaged due to accidents.
Most of the maintenance tasks performed require utilization of an outside contractor to supply an
electrician and lift truck with the capacity to reach the lights as well as 3 -4 Public Works employees and
typically a city Police Officer to perform Maintenance of Traffic (MOT) duties. The current hourly rate
that the city pays for the services of a bucket truck and electrician is $118.55 per hour. Given the
internal and external equipment and labor costs as well as materials, a typical light bulb replacement
would cost from $75.00 for a simple bulb change to over $600.00 if the entire light head requires
replacement. Replacement costs for a light pole struck by a vehicle is typically approximately $4,000 for
materials and labor. Costs associated with replacement of a pole damaged by an accident are typically
but not always recovered through insurance. From time to time additional repairs are needed. For
example the city recently needed to repair the wiring across SR70 for the lights on US 441 at a cost of
$3,275.
The enersy and maintenance costs associated with the lights in question far exceed the reimbursement
received from FDOT. Additionally, review of the performance measures for the maintenance contract
shows that the level of service will not be negatively impacted by the switch and potentially will be
improved, Under the proposed contract, the contractor will face penalties for the following conditions
are not met:
• If the contactor does not respond to an emergency sight within one hour of initial notification
• If any component of the lighting system is found to be damaged, not secure, or missing
• If lighting outage for the contract service area exceeds 10%
• If damaged poles are not replaced within five (5) works days, seven (7) if a new foundation is
required
• If damaged poles that require immediate action to protect public safety of the traveling public
are not removed within one hour
Given the associated cost reduction along with either maintaining or improving the level of service
provided, it is my recommendation that the City accepts the opportunity to opt out of the current Street
Light Maintenance Agreement.
Attachments:
Executed FDOT Lighting Agreement
FDOT Highway Maintenance Contract Highway Lighting Maintenance Standards
Energy Billing Summary
RICK SCOTT
GOVERNOR
FDDT
-mo • t7 2Ol
Florida Department of Transportation
801 North Broadway Avenue ANANTH PRASAD, P.E.
Bartow, FL 33830 SECRETARY
June 25, 2014
Mr. Brian Whitehall
City of Okeechobee
55 Southealst 3`d Avenue
Okeechobee, Florida 34974
RE: 14/15 Highway Lighting, Maintenance, and Compensation Agreement
City of Okeechobee
Dear Mr. Whitehall:
I am enclosing your copy of the fully executed State Highway Lighting, Maintenance,
and Compensation Agreement for the City of Okeechobee. Your Agency will be responsible for
the maintenance and for the payment of all cost of electrical power and/or other electrical
charges, incurred in connection with the operation of all lighting now or hereafter located on the
State Highway System within the jurisdictional boundaries of the City as per paragraph 1 of the
attached agreement.
The City may submit an invoice for these services in accordance with paragraph 2,
Compensation and Payment, anytime after May 19, 2015, but no later than 180 days after the end
of Fiscal Year (June 30, 2015).
Thank you for your cooperation. If you have any questions, please call.
JLS
Enclosure (s)
cc: File
Stacy Hill (MS 1 -91)
Sincerely,
Jal hie Schley
District Maintenance Contracts Specialist
www.dot.state.fl.us
EXHIBIT "A"
FY 14/15 FDOT WORK ORDER
STATE HIGHWAY LIGHTING MAINTENANCE, AND COMPENSATION
AGREEMENT
Contract Number AM859
Maintaining Agency: City of Okeechobee
Fingancial Project No.: 413552- 1 -78 -01
Eft ctive Date: July 1, 2014 to June 30, 2015
1.0 PURPOSE
This exhibit defines the method and limits of compensation to be made to the
Maintaining Agency for the services described in the original agreement executed
on 7/30/02.
2.0 COMPENSATION
The Department will compensate each Maintaining Agency for maintenance of
lights being maintained on state highways for FY 14/15 is 90% of the total
number of lights at $251.32 per light.
The current inventory of lights to be maintained by your agency for FY 14/15 is
one - hundred - twenty -nine (129) at a cost of $251.32 per light, which brings the
amount of compensation to $29,178.25.
3.0 PAYMENT PROCESSING
The Maintaining Agency shall invoice the Department yearly for services
rendered in a format acceptable to the Department.
For Satisfactory completion of all services as detailed in the original agreement for this
FY 14/15, the Department will pay the Maintaining Agency a Total Lump Sum of
$29,178.25. -
By:
ms's
Date:
on L. Harris
OT District Maintenance Administrator
By
City /County
Date: (, -023_ 2bhhi
both parties will document the dispute and elevate the issue to the Department's Contract
Administrator. Failure to reach resolution of the dispute at this level will result in further
escalation through the District Maintenance Administrator /Engineer and finally up to the
Director of the Office of Maintenance whose decision is final. Beginning from the time the
dispute i elevated to the Contract Administrator, the Department is allowed a total of ten (10)
business'', days to resolve the dispute. If the ten (10) business days elapse before the dispute is
resolved or if the dispute is resolved in favor of the Contractor, the disputed MRP characteristic
will be changed to reflect the Contractor's evaluation for the disputed MRP sample point. After
all disputes are resolved, the Department will recalculate official MRP scores accordingly.
HIGHWAY LIGHTING
HIGHWAY LIGHTING
Deficiency Identification
Time Allowed/Criteria
Deduction
a) Unsatisfactory
Department Ighting outage
survey
Per Procedures, Manuals,
Codes, and Per Performance
Lighting Specifications
(Standard Maintenance Special
Provisions)
$5,000 per survey
identifying excessive
outage
b) Failure to make
temporary safety repairs
resulting from Incidents
Must secure public safety from
hazards and establish proper
MOT before leaving the site
$1,000 per day per
light pole
c) Failure to replace light
poles damaged by Incidents
Per Performance Lighting
Specifications (Standard
Maintenance Special Provisions)
$500 per day per light
pole
PERMITS INSPECTION
Inspect all construction activities resulting from approved permits on the roadways, structures,
and facilities covered by this contract. Ensure permitee adherence to approved permit
requirements and Department regulations and standards.
Develop and maintain a Permit Inspection Plan which details the permit inspection process,
adherence to inspection requirements, and processes to ensure customer satisfaction.
The scope of this contract does not include any activities associated with permit processing or
approval, The scope of this contract does not include permitting of outdoor advertising
billboards or permitting ofoverweight/overdimension vehicles.
Permits PERFORMANCE CRITERIA
PERMITS
Deficiency Identification I Time Allowed /Criteria I Deduction
SS7155000
Performance Highway Lighting
Take immediate action within one (1) hours of notification to protect the safety of the traveling
public by removing any elements of the pole assembly that may cause a hazard.
Replace light poles damaged by traffic within five working days or within seven
working days if new foundations are required. When a vehicular crash causes damage to any
Department Lighting Facility, the Department authorizes the Contractor to pursue claims against
the responsible party for reimbursement of expenses incurred.
Repair the electrical system in a way that prevents electrical shock to the public,
the Department's and Contractor's work force. Secure or replace any inspection plate, access
panel cover or pull box cover that is not properly secured in place, damaged or missing.
Provide an Emergency Supervisor per Standard Specification 5 -8.3 which will be
required to respond, by telephone within fifteen (15) minutes . of being called or paged, have
qualified personnel report to the emergency work site location(s) and to report to emergency
work site location(s) within one hour after being notified and take immediate action to protect the
safety of the traveling public.
715- 50 -2.6 Theft of Materials:
Be aware that vandalism and burglaries do occur and desirable materials targeted by
thieves do exist within the limits of this contract. Be responsible for all repairs related to
theft/vandalism. Employ methods to guard against theft of equipment and department materials.
Strongly consider installing anti -theft devices to discourage theft. The Department authorizes the
contractor to pursue third -party recovery of costs due to theft or vandalism repairs. The
Contractor is economically responsible for up to a cumulative 15% of the annual contract amount
(reset each, year on the contract anniversary date) for non - recovered theft/vandalism impact;
beyond that, the Department will compensate the Contractor for non- recovered costs due to
theft/vandalism.
715 -50 -3 Performance Measures.
The Department may perform highway lighting system inspections (Review of five
percent of the lighting; and a minimum of ten). The following performance measures will be used
in determining the reduction to each monthly invoice. If, in any Department inspection, the
performance measures are not met.
If the overhead, underdeck or sign lighting outage
(individually or combined) exceeds ten percent (10 %).
Reduction of $2,500.00 each
occurrence
Failure to comply with any requirements outlined in
Section 715- 50 -2.1
Reduction of $1 000.00 per occurrence
If any component of the lighting system is found to be
damaged, not secured, or missing
Reduction of $250.00, each occurrence
If it is determined that the Contractor does not respond
to an emergency site within one hour of initial
notification.
Reduction of $100.00 per hour past the
allowed response time or portion
thereof, per incident.
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SS7155000
Performance Hiahwav Li tin
Replace 100% of damaged light poles within five (5)
working clays or within seven (7) working days if new
foundations are required.
Reduction of $1000.00 per day, per
pole, prorated until time of completion.
Take immediate action to protect the safety of the
traveling public by removing any elements of the pole
assembly that may cause a hazard. Must have
obstruction removed with one (1) hour of arrival.
Removal - $100 per hour per location
prorated
715 -50 -4 Basis of Payment.
Price and payment will be full compensation for all work and costs specified under this section.
Payment will be based upon the lump sum price divided into sixty equal monthly payments.
Submit a summary of man -hours spent on the project to the Department with the monthly
invoice.
Payment will be made under the item specified in the Bid Price Proposal.
Sharon L. Harris Amarilys Alfonso- Perez, P.E., Number 54700
District Maintenance Administrator Assistant District Maintenance Engineer
Date Date