Highwy Lighting Maintenance July 02710-010-30
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSAPON UTILITIES
osraz
AGREEMENT Page 1 of 5
THIS AGREEMENT, entered into this go day o , year of 2AIQZ. by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, he in r referred to as the "FDOT", and
CITY OF OKEECHOBEE herein ter referred to as the "MAINTAINING AGENCY";
WITNESSETH:
WHEREAS, the MAINTAINING AGENCY has the authority to enter into this Agreement and to undertake the
maintenance and operation of lighting on the State Highway System, and the FDOT is authorized under Sections 334.044,
Florida Statutes and 335.055, Florida Statutes to enter into this Agreement; and
WHEREAS, the MAINTAINING AGENCY has authorized its undersigned officers to enter into and execute this
Agreement,
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and
the MAINTAINING AGENCY hereby agree as follows:
Maintenance of Facilities
The MAINTAINING AGENCY shall maintain all the lighting now or hereafter located on the State Highway
System within the jurisdictional boundaries of the MAINTAINING AGENCY, hereinafter referred to as the
"Facilities," throughout its expected useful life. For the purposes of this Agreement, the term Facilities
shall be deemed to include, but not necessarily be limited to, lighting for roadways, as well as park and
ride, pedestrian overpasses, and recreational areas owned by or located on the property of the FDOT, but
shall exclude those systems listed in Exhibit "A" attached hereto and by this reference made a part hereof,
and shall exclude lighting located in weigh stations, rest areas, or on Interstate highways.
b. In maintaining the Facilities, the MAINTAINING AGENCY shall perform all activities necessary to keep the
Facilities fully operating, properly functioning, with a minimum of 90% of the lights burning for any lighting
type (ex. high mast, standard, underdeck, sign) or roadway system at all times for their normal expected
useful life in accordance with the original design thereof, whether necessitated by normal wear and tear,
accidental or intentional damage, or acts of nature. Said maintenance shall include, but shall not be limited
to, providing electrical power and paying all charges associated therewith, routine inspection and testing,
preventative maintenance, emergency maintenance, replacement of any component parts of the Facilities
(including the poles and any and all other component parts installed as part of the Facilities), and locating
(both vertically and horizontally) the Facilities, as may be necessary.
C. All maintenance shall be in accordance with the provisions of the following:
(1) Manual of Uniform Traffic Control Devices; and,
(2) All other applicable local, state, or federal laws, rules, resolutions, or ordinances, and FDOT
procedures.
d. For lighting installed as part of an FDOT project, the MAINTAINING AGENCY's obligation to maintain shall
commence upon the MAINTAINING AGENCY's receipt of notification from the FDOT that the FDOT has finally
accepted the project, except for the obligation to provide for electrical power, which obligation to provide for
electrical power shall commence at such time as the lighting system is ready to be energized; provided, however,
that the MAINTAINING AGENCY shall not be required to perform any activities which are the responsibilities of
FDOT's contractor.
e. The continuing obligations under this paragraph 1 beyond the first fiscal year hereof are subject to the voluntary
negotiation of the amount to be paid as set forth in subparagraph 2b hereof.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-30
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION UTILITIES
05/02
AGREEMENT Page 2 of 5
2. Compensation and Payment
a. The FDOT agrees to pay to the MAINTAINING AGENCY a lump sum of $ 3,638.00 for the fiscal year in
which this Agreement is signed (fiscal year as referenced in this Agreement shall be FDOT's fiscal year).
b. For each future fiscal year, the FDOT and the MAINTAINING AGENCY shall agree on the amount to be
paid prior to the fiscal year beginning. The FDOT will issue a work order confirming the amount and
authorizing the performance of maintenance for each new fiscal year.
C. Invoices may be submitted anytime after May 19`hof the fiscal year in which the services were provided, but
no later than 180 days after the end of said fiscal year. Payment shall be made in one lump sum as
provided in paragraph 4 hereof.
d. Payment shall be made in accordance with Section 215.422, Florida Statutes.
e. Bills for fees or other compensation for services or expenses shall be submitted in a format acceptable to
the FDOT and in detail sufficient for a proper pre-audit and post-audit thereof.
Record Keeping
The MAINTAINING AGENCY shall keep records of all activities performed pursuant to this Agreement. The
records shall be kept in a format approved by the FDOT.
Records shall be maintained and made available upon request to the FDOT at all times during the period of this
Agreement and for three (3) years after final payment for the work pursuant to this Agreement is made. Copies of
these documents and records shall be furnished to the FDOT upon request.
4. Invoicing
Upon receipt, the FDOT has five (5) working days to inspect and approve the goods and services. The FDOT has
twenty (20) days to deliver a request for payment (voucher) to the Department of Banking and Finance. 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 215.422, Florida Statutes, shall be due and payable, in addition to the invoice amount, to the
MAINTAINING AGENCY. Interest penalties of less than one (1) dollar shall not be enforced unless the
MAINTAINING AGENCY requests payment. Invoices returned to a MAINTAINING AGENCY because of
MAINTAINING AGENCY preparation errors shall result in a delay in the payment. The invoice payment
requirements do not start until a properly completed invoice is provided to the FDOT.
A Vendor Ombudsman has been established within the Department of Banking and Finance. 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) 410-9724 or by calling
the State Comptroller's Hotline, 1-800-848-3792.
The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one (1) year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated..
The FDOT, 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 suchfiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void,
and no money may be paid on such contract. The FDOT shall require a statement from the Comptroller of the
FDOT 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 FDOT which are
for an amount in excess of $25,000 and which have a term for a period of more than one (1) year.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-30
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION UTILITIES
AGREEMENT 05/02
Page 3 of 5
The FDOT will provide a copy of the statement referenced above to the MAINTAINING AGENCY.
5. Default
In the event that the MAINTAINING AGENCY breaches any provision of this Agreement, then in addition to any
other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the
following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages:
a. Pursue a claim for damages suffered by the FDOT or the public.
Pursue any other remedies legally available.
As to any work not performed by the MAINTAINING AGENCY, perform such work with its own forces or
through contractors and seek reimbursement for the cost thereof from the MAINTAINING AGENCY if the
MAINTAINING AGENCY fails to cure the non-performance within fourteen (14) days after written notice
from the FDOT of the non-performance; provided, however, that advance notice and cure shall not be
preconditions in the event of an emergency.
6. Indemnification
The MAINTAINING AGENCY, to the extent allowed by Section 768.28, Florida Statutes, shall indemnify, defend,
save, and hold harmless, the State, the FDOT, and all of their officers, agents, and employees from all suits,
actions, claims, demands, and liabilities of any nature whatsoever arising out of, because of, or due to breach of
this Agreement by the MAINTAINING AGENCY, its subcontractors, agents, or employees or due to any act or
occurrence of omission or commission of the MAINTAINING AGENCY, its subcontractors, agents, or employees.
7. Force Majeure
Neither the MAINTAINING AGENCY nor the FDOT shall be liable to the other for any failure to perform under this
Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other
event beyond the control of the non-performing party and which could not have been avoided or overcome by the
exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified
the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the
occurrence to the extent possible, and (c) resumed performance as soon as possible.
8. Miscellaneous
a. The FDOT shall consider the employment by any contractor of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens,
such violation shall be cause for unilateral cancellation of this Agreement.
b. The MAINTAINING AGENCY shall allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
MAINTAINING AGENCY in conjunction with this Agreement. Failure by the MAINTAINING AGENCY to
grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the
FDOT.
C. This Agreement constitutes the complete and final expression of the parties with respect to the subject
matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto.
d. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be
unlawful or unenforceable shall be severable and shall not affect the validity of the remaining provisions
hereof.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION
AGREEMENT
9. Certification
710-010-30
UTILITIES
05102
Page 5 of 5
This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the
Maintaining Agency in the form of additions, deletions or substitutions are reflected only in an Appendix entitled
"Changes To Form Document" and no change is made in the text of the document itself. Hand notations on
affected portions of this document may refer to changes reflected in the above-named Appendix but are for
reference purposes only and do not change the terms of the document. By signing this document, the Maintaining
Agency hereby represents that no change has been made to the text of this document except through the terms
of the Appendix entitled "Changes To Form Document."
You MUST signify by selecting or checking which of the following applies:
Q) No changes have been made to this Forms Document and no Appendix entitled "Changes To Form
Document" is attached.
O No changes have been made to this Form Document, but changes are included on the attached Appendix
entitled "Changes to Forms Document."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written.
MAINTAINING AGENCY
BY: (Signature) DATE: Tuiy 16, 2002
(Typed Name: me s E. Kirk ) - 7,~7 (Typed Title: Mayor )
Recommend Approval by the District
DATE:
BY: (Signature)
(Typed Name: Walter L. Childs, J . )
(Typed Title: District Utility Administrator )
FDOT Legal Review
BY: (Signature) DATE: !s `~~~Y
District C•ouns&I h
J^ (Typed Name: ~ 4 )
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-30
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION UTILITIES
05/02
AGREEMENT Page 4of5
e. Time is of the essence in the performance of all obligations under this Agreement.
All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile
transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five
(5) business days from the proper sending thereof unless proof of prior actual receipt is provided. The
MAINTAINING AGENCY shall have a continuing obligation to notify each District of the FDOT of the
appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing,
notices shall be sent to the following addresses:
MAINTAINING AGENCY
Mr. Donnie Robertson, Director of Public Works
City o Okeechobee
55 South East 3rd Avenue
Okeechobee, Florida 34974
FDOT:
Walter L. Childs, Jr., District Utility Administrator
lorida Department o Transportation
Post Office Box 1249
Bartow, Florida 33831-1249
g. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under
a contract with any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six
(36) months from the date of being placed on the convicted vendor list.
h. 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.
Nothing herein shall be construed as a waiver of either party's sovereign immunity.
Florida Department of Transportation
JEB BUSH 801 N. Broadway THOMAS E BARRY, JR.
GOVERNOR Bartow, Florida 33830 SECRETARY
August 13, 2002
Mr. Donnie Robertson
Director of Public Works
City of Okeechobee
55 S.E. 3rd Avenue
Okeechobee, FL 34974
RE: Highway Lighting, Maintenance, and Compensation Agreement
City of Okeechobee
Dear Mr. Robertson:
I am enclosing an original 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, 2003, but no later than 180 days after
the end of Fiscal Year on June 31, 2003.
Thank you for your cooperation. If you have any questions, please call.
Sincerely,
W. L. Childs, Jr.
District Utility inistrator
WLC/TJM/mj
Enclosure (s)
xc: Chuck Lovell, District Maintenance Engineer
File
www.dot.state.fl.us
OF Ok,
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o
1915 City o Okeechobee
Office of the City Clerk
July 23, 2002
Walter L. Childs, Jr.
District Utility Administrator
Florida Department of Transportation
Utilities Department
Mail Station 1-11
Post Office Box 1249
Bartow, Florida 33831-1249
Dear Mr. Childs:
Enclosed herewith please find a certified copy of the City of Okeechobee's Resolution
No. 02-8 authorizing Mayor James E. Kirk to execute the four original State Highway
Lighting, Maintenance and Compensation Agreements. Once the agreements have
been executed by your department, please return one original to: City of Okeechobee,
Office of the City Clerk, 55 Southeast 3`d Avenue, Okeechobee, Florida 34974. Should
you have any questions or require anything further, please do not hesitate to contact
me at 863) 763-3372 x 215. With best regards, I am
Sincerely,
Bonnie S. Thomas, CIVIC
City Clerk
Enclosures
55 S.E. Third Avenue - Okeechobee, Florida 34974-2932 - (863) 763-3372 - Fax: (863) 763-1686
Jul-03-02 01:34P PRM
941 476 8889 P-101
Serving Florida
Public Entities July 3 2002
Mrs, Donna Rea-noldv, lnv. Coordinator
City o/ Okeechobee
55 SE 3`'' A ve.
Okeechobee, Fl. 34971
Re. nOT/highway lighting inter-local
Dear Donna:
This will cnnfirm that the City under the PRMprogram is protected for liability,
and property coverage in regards to the above contract.,for their operations in the
maintenance of the State DOT lighting systems,
Please let me know !f you have any further questions in regards to this matter.
Sincerely
dy Hearn, assistant
Executive Director
2013 Altamont Avenue I Fort M)•ers, Florida 33901
(941) 476-8882 • (800) 367-1705 • Fax- (941) 476-8889
Page 1 of 1
Carolyn U. Arnold
From: <Melanie.Johns@dot.state.fl.us>
To: <cuarnold@cityofokeechobee.com>
Sent: Friday, June 21, 2002 10:13 AM
Attach: Arcadia.doc
Subject: State Highway Lighting, Maintenance, and Compensation Agreement
Mr. Donnie Robertson -
Attached please find the resolution for the above referenced subject. It
is important that this document be returned with the State Highway
Lighting, Maintenance, and Compensation Agreement. If the agreement has
already been returned, please send the resolution to the following address:
Melanie Johns
Post Office Box 1249, MS 1-49
Bartow, Florida 33831
In order for the agreement to be executed and processed for payment, the
Department must receive the resolution.
(See attached file: Arcadia.doc)
Should you have any questions or concerns, please call me at (863)
519-2773.
Thank you for your cooperation in this matter.
Melanie Johns
PBSU
6/21/02
June 18, 2002
Donnie Robertson
Public Works
Okeechobee, Fl.
Re: DOTIhighway lighting inter-local
Donnie:
I have reviewed at your request the proposed highway lighting maintenance inter-local
agreement with FDOT.
Typical for these agreements, is that:
-we agree to maintain at our expense all lighting
-future year maintenance depends on another annual agreement as to cost of
reimbursement.
-we agree to hold MOT harmless from liability due to a claim that we were negligent in
the maintenance of the lighting.
The agreement is legally sufficient, and acceptable for signature so long as the City
understands it obligations. One area I would suggest you first look into is to see if our liar
Wince coverage is in force to protect us in our operations in maintenance of the state DOT
lightmg systems.
John R. Cook
City Attorney
cc; Bill Veach
Florida Department of Transportation
JEB BUSH 801 N. Broadway THOMAS F. BARRY, JR.
GOVERNOR Bartow, Florida 33830 SECRETARY
June 7, 2002
Mr. Donnie Robertson
Director of Public Works
City of Okeechobee
55 S.E. 3rd Avenue
Okeechobee, FL 34974
Re: Highway Lighting, Maintenance, and Compensation Agreement
City of Okeechobee
Dear Mr. Robertson:
The Department is now allotting funds to Maintaining Agencies of highway lighting systems on
state highways. The Department will compensate each Maintaining Agency $150 per light for
maintenance of 25% of the total number of lights being maintained on state highways for
FY 02/03. It is anticipated that compensation will be made for maintenance of 50% of the total
number of lights being maintained in FY 03/04 and 90% in FY 04/05.
As stated in our letter to you dated April 19, 2002, the inventory of lights maintained by you is
ninety-seven (97). This is the number used to program funding of $3,638 for your agency for
FY 02/03 in the Department's Five-Year Work Program for this activity.
Attached are four (4) copies of the State Highway Lighting, Maintenance, and Compensation
Agreement between the Department and your agency for FDOT's FY 02/03 for your review and
execution. Please return the four (4) original executed copies to the Department by June 30, 2002
for final execution. After the Agreement has been fully executed and dated, a copy will be
provided for your files. A fully executed Agreement is required before the allotted funds can be
released.
Executed documents should be mailed to my attention at: Florida Department of Transportation,
Utilities Department, Mail Station 1-11, P.O. Box 1249, Bartow, FL 33831-1249. Should you
have any questions regarding this Agreement or require assistance in this matter, please contact
our GEC Project Manager, T.J. Martin, by phone at 863/533-7000 or email at tjmartin@pbsj.com.
Thank you very much for your cooperation.
Sincerely,
Walter L. C i s, Jr.
District Utility Administrator
Enclosures
HAPM-GEMmartinWain ulilities.1tr.DOC
District One • Utilities Department • MS 1-11
801 North Broadway Avenue • Post Office Box 1249 • Bartow, FL 33831-1249
863/941-2533 • 863/534-7039 (fax)
www.dot.state.fl.us