2002-22
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STATE OF FlORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION
AGREEMENT
Farm NIl 71G-O1O-30.
UIiIIIIe8
Rev. ~02
THIS AGREEMENT. entered into this : 11~ day of S~i~~( year of 2.&0 2...... by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. hereinafter re'ferred to as the "FDOT". and
City of Clermont . hereinafter 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,
and has designated the officer(s) authorized to receive and respond to the FDOT's work orders;
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NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein. the FDOT and the
MAl NT AlNING AGENCY hereby agree as follows:
1.
Maintenance of Facilities
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a.
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 )
(2)
Manual of Uniform Traffic Control Devices: and,
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 FOOT 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.
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STATE OF FlORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION
AGREEMENT
Farm N117'~'()'30.
UliliUes
Rev. 5-02
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.
Compensation and Payment
a.
The FOOT agrees to pay to the MAINTAINING AGENCY a lump sum of $ 2,475.00 for the fiscal year
in which this Agreement is signed (fiscal year as referenced in this Agreement shall be FOOT's fiscal year).
b.
For each future fiscal year, the FOOT and the MAINTAINING AGENCY shall agree on the amount to be paid
prior to the fiscal year beginning. The FOOT 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 19111 of 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
FOOT 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 FOOT.
Records shall be maintained and made available upon request to the FOOT at all times during the period of this Agreement
and fer three (3) years after final payment for the work pursuant to this Agreement is made. Copies of these documents
and records shall be fumished to the FOOT upon request.
Invoicing
Upon receipt, the FOOT has five (5) wor1<ing 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 retumed 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
FOOT.
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, 1-800-848-3792.0
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 FOOT. during any fiscal year. shall not expend money. incur any liability, or enter into any contract which, by its
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION
AGREEMENT
FcIm No 7'C).O1~:II.
Utilities
Rev. ~02
¡arms. 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 shall be null and void. and no money
may be paid on such contract. The FOOT 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 FOOT which are for an amount in excess of $25,000 and which have a
term for a period of more than one (1) year.
The FOOT will provide a copy of the statement referenced above to the MAINTAINING AGENCY.
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 FOOT may exercise one or more of the following
options, provided that at no time shall the FOOT be entitled to receive double recovery of damages:
3.
Pursue a daim for damages suffered by the FOOT or the public.
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Pursue any other remedies legally available.
c.
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-perfonnance within fourteen (14) days after written notice from
the FOOT of the non-perfonnance; provided, however, that advance notice and cure shall not be preconditions
in the event of an emergency.
Indemnification
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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.
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 perfonnance 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.
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.
a.
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
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57ATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION
AGREEMENT
=onn No 71~'().3C.
~blibes
:¡....~Q2
access shall be grounds for Immediate unilateral cancellation of this Agreement by the FOOT,
ID
"7'"his 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.
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This Agreement shall be govemed 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.
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Time is of the essence in the performance of all obligations under this Agreement.
:[1]
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: ~
C- ';1 ~~~ ") I.<b ; Co ~iCL8 1); ru;kJr
=t.o~Y'"~ 3 LIt] I
FDOT:
District Maintenance Engineer
719 S. Woodland Blvd
Deland. FL 32720
:¡¡ü 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, ana 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.
:: J An entity or affiliate who has been olaced 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 v.ñth a public entity for the
construction or repair of a public building or public work. may not submit bids on leases of real croperty to a public
entity. may not be awarded or periorm work as a contractor. supplier, subcontractor. or consultant under a
contract with any public entity. ana may not transact business with any public entity.
:I Nothing herein shall be construea as a waiver of either party's sovereign immunity.
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STATE OF FLORIDA DEPAR"NENT OF TRANSPORTATION
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION
AGREEMENT
Form No l10001o.3D.
Ulililiel
Rev. 5-02
9.
Certification
This Document is a printout of an FOOT 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 entiUed
"Changes To Form Document" and no change is made in the text of the document itself. Hand notáions on affected
portions of this document may refer to changes reflected in the above-named Appendix but are for reference purpœes 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:
(6.
No changes have been made to this Forms Document and no Appendix entitled "Changes To Form
Document" is attached.
0
No changes have been made to this Form Document. but changes are induded on the attached Appendix
antiUed "Changes to Forms Document"
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written.
MAINTAINING AGENCY
. BY: tela.atu.el ~~
(Typed Name: ~tM"ol..J ~ .lu.r'l'; llL.
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DATE: ~t 23, Zoo 2-
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(Typed Title:
Recommend Approval by the District
BY: (Signature) ~ 7
- Georg¿;:; l~oley
(Typed Name:
DATE: 9/7/0'/
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(Typed Title:
District Director of Operations
FDOT Legal Review
DATE:
1(1(67
BY:
. (Typed Name:
f -r-~] ~O~E 100 7L
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Florida Department of Transportation
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JEB BUSH
GOVERNOR
719 South Woodland Boulevard
DeLand, Florida 32720-6834
THOMAS F. BARRY, JR.
SECRETARY
September 19, 2002
The Honorable Harold Turville, Jr.
City of Clermont
P. O. Box 120219
Clermont, FL 34712
RE:
State Highway Lighting, Maintenance, and Compensation Agreement
Contract No.: AM436
FIN Project No.: 413615-1-72-01
Amount: $2,475.00
Dear Mayor Turville:
Attached is Table 1 which summarizes the highway lights eligible for reimbursement. Also enclosed is an
executed copy of the new contract for the above referenced project and a copy of the State Highway
Lighting, Maintenance, and Compensation Agreement Certification.
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An Invoice for services provided under this contract may be submitted to this office any time after May
19,2003 along with the above-stated, signed and notarized Certification.
In May 2003, our contracts staff will contact you to determine if the number of highway lights has
changed. After we reach an agreement as to the number of highway lights, a work order will be issued
which contains the amount of compensation. This work order will authorize the performance of
maintenance for the new Fiscal Year.
When you have questions, please contact Mr. Judson Pankey at (386) 943-5298.
Sincerely,
an,p.~
aintenance Engineer
AEH:pg
Attachment
xc: Maintenance Contracts
Local Maintenance Unit
.
www.dot.state.fl.us
~ RECYCLED PAPER
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TABLE 1
Section
11070
State Road
SR50
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CLERMONT STREETLIGHT LOCATIONS
ON STATE ROADS
Location
12th Street to Grand Highway
Milepost
11.40 to 13.683
No. of
Streetlights
66
TOTAL
66
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STATE HIGHW A Y LIGHTING, MAINTENANCE, AND
COMPENSATION AGREEMENT CERTIFICATION
I,
(Title)
(Name)
, hereby certify that State Highway Lighting
(Local Maintaining Agency)
Facilities for State Project No.
, Contract No.
in
County(ies)
were performed to keep all Facilities fully operating, properly functioning, with a
minimum of 90% of the lights burning for any lighting type (ex. high mast, standard,
underdeck, sign) on the 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.
All maintenance was performed in accordance with Agreement terms and according to
the Manual of Uniform Traffic Control Devices; and, all other applicable local, state, or
federal laws, rules, resolutions, or ordinances, and FDOT procedures.
Signed
Sworn to and subscribed to before me this
day of
,2002
Notary Public, State of
at large.
My Commission expires