2003-11
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SERVICE AGREEMENT
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AGREEMENT entered into as of May 19, 2003, by and between Control Specialists Company,
with its principal place of business at 707 Nicolet Avenue, Winter Park, Florida 32789 and the City of
Clermont Fire Department c/o Chief Carle L. Bishop, 439 West Highway 50, Clermont, Florida 34711.
WHEREAS, the City of Clermont wishes to purchase the following equipment and services under
the terms and conditions and at the payment schedule outlined hereinafter; arid,
WHEREAS, Control Specialists Company desires to sell the following equipment and services
under the terms and conditions and at the payment schedule outlined hereinafter:
NOW THEREFORE, in consideration of the mutual promises set forth herein and for other good
and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as
follows:
1.
Scope of Work
Control Specialists Company will design, furnish and install one (1) Emergency Traffic Control Signal
System as permitted by the Florida Department of Transportation for the location described as Fire Station
No.1 at 439 West Highway 50, Clermont, FL 34711. All associated design, equipment, material and
installation costs are included. Control Specialists Company will provide all associated documentation
required to secure Florida Department of Transportation (FDOT) permits for installation. The request for
permit must be submitted and requested through the City of Clermont. Control Specialists Company will
be responsible for any electrical permit costs if required, The City of Clermont will be responsible for
Florida State Right-of-Way permit and any associated cost.
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The proposed system will consist of a fully activated radio controlled signal system using remote
transmitters for activation, The traffic signals will be powered by a specially designed solar powered
energy system including a battery backup, The signal heads will incorporate L. E. D. (Light Emitting
Diode) lenses. Also included is a remote pre-emption receiver to be installed and operate concurrently with
the existing traffic control system at State Highway 50 and 5th Street. Control Specialists Company
technicians will assist the City of Clermont or its agent in the installation process to ensure proper
operation.
Once installed, the Emergency Traffic Control System is warranted for a period of twenty-four (24) months
from Notice of Completion ofInstallation date, for maintenance or replacement parts and labor.
Installation of the Emergency Traffic Control System is to be completed within one hundred and twenty
(120) days of receipt of an authorized Service Agreement.
Control Specialists Company will accept partial payments based on the completion of the following project
milestones:
Total Price
And Payment
Schedule
$58,400
Delivery of certified design and installation schematic (roadway),
Material Delivery and mast arm installation
Balance on delivery of Notice of Completion of Installation
$40,000
$18,400
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2. Applicable Law
(a) This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida,
3. Entire Ae:reement
(b) This Agreement contains, and its terms constitute the entire Agreement of the parties
relating to the subject matter hereof and it cancels and supersedes all prior agreements
and understandings.
IN WITNESS WHEREOF', the parties executing this Agreement are duly authorized to commit funding
and or resources to perform the terms and conditions of the Agreement, has executed this Agreement as of
the date first above and the parties agree to be bound by the terms and conditions herein.
The Purchaser:
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Signed
JJIJ. c:y 0 Y - (! Ilf I) If! It, r )7)ú T¡ t:
Title
Print Name
JY.J ~ 021) ~ D()~'1
Date
Accepted by Control Specialists Company
By: ~¿- ~~ -
Title: 1/f7 i E_.J_<~ - , þ~
Addendum to SERVICE AGREEMENT Attached.
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Addendum to SERVICE AGREEMENT
Dated Mav 19. 2003
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Should Control Specialists Company not receive Florida Department of Transportation (FDOT) permission
to install the Wireless Emergency Traffic Control System proposed, in time to meet the one hundred and
twenty (120) day installation agreement, Seller will install an Emergency Traffic Control" System that is
currently approved by FDOT, at Control Specialists Company expense. Upon subsequent product approval
by FDOT, the parties mutually agree the alternate Wireless Emergency Traffic Control System will be
replaced with the original Wireless Emergency Traffic Control System as proposed in the attached proposal
dated April 15, 2003, at Control Specialists Company e:-::pense,
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Proposal to Desi2n. Furnish and Install
An Emer2encv Traffic Control System for
City of Clermont Fire Station
Scope: Provide design and build services for (1) one Emergency Traffic Control System,
including design drawings and component specifications, necessary material, installation, labor,
equipment and maintenance of traffic (during installation).
Total Cost: $58,400
Schedule of Payments:
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Upon delivery of certified design and installation schematic (roadway),
material delivery and mast arm installation
Balance on delivery of Notice of Completion ofInstallation
$40,000
$18,400
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Notes:
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1. Control Specialists Company is responsible for all necessary insurance, including general
and comprehensive liability and worker's compensation, during the project.
2. The Emergency Traffic Control System is warranted for a period of twenty-four (24)
months from Notice of Completion of Installation date, for maintenance, replacement
parts and labor,
3. An annual maintenance contract will be available from Control Specialists Company,
We currently provide traffic control system maintenance for the following cities or
municipalities: Apopka, Edgewood, Maitland, Winter Park, Reedy Creek Improvement
District (Disney World), Groveland, The Villages, Town of Ingles and the following
counties: Citrus, Sumter.
4. The City of Clermont is responsible for the FDOT right-of-way permit. Control
Specialists is responsible for coordinating any other permits that may be required.
5. Control Specialists is responsible for maintenance of traffic services for our project
responsibilities only,
6. Control Specialists is responsible for all shipping and delivery charges.
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Scope of Work
Control Specialists Company will design, furnish and install one (1) Emergency Traffic Control Signal
System as permitted by the Florida Department of Transportation for the location described as Fire Station
No, 1 at 439 West Highway 50, Clermont, FL 34711, All associated design, equipment, material and
installation costs are included. Control Specialists Company will provide all associated documentation
required to secure FDOT permits for installation. The request for permit must be submitted and requested
through the City of Clermont. Control Specialists Company will be responsible for any electrical permit
costs if required. The City of Clermont will be responsible for Florida State Right-of-Way permit and any
associated cost.
The proposed system will consist of a fully activated radio controlled signal system using remote
transmitters for activation, The traffic signals will be powered by a specially designed solar powered
energy system including a battery backup. The signal heads will incorporate L. E. D. (Light Emitting
Diode) lenses, Also included is a remote pre-emption receiver to be installed and operate concurrently with
the existing traffic control system at State Highway 50 and 5th Street. Control Specialists Company
technicians will assist the City of Clermont or its agent in the installation process to ensure proper
operation.
Once installed, the Emergency Traffic Control System is warranted for a period of twenty-four (24) months
from Notice of Completion of Installation date, for maintenance or replacement parts and labor.
Installation of the Emergency Traffic Control System is to be completed within one hundred and twenty
(120) days of receipt of an authorized Service Agreement.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY PERMIT
FORM 710-010-85
UTIUTfES
aGC . 01/99
Page 1 of 2
PERMIT NO.: ---------
SECTION NO.:___--------- STATE ROAO:_~__-------- COUNTY:-1~!s~----------
_OT construction is proposed or underway. 0 Yes
~ this work related to an approved Utility Relocation Schedule?
@ No
0 Yes
Financial Project 10: --------------------------------
@ No If yes, Document Number: ---------------------------
PERM ITTE E: C IIY OE.Çl-_I;,.I!MQ~L-___---------------------------------------------------
ADDRESS:
~~É_WEST ~QNT~O§~- ST~E~!.____----------------------- TELEPHONE NUMBER: L.35LL3~- - AOBL______-
CLERMONT, FLORIDA 34712
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The above PERMITTEE requests permission from the State of Florida Department of Transportation, hereinafter called the FOOT, to construct, operate and
maintain the following:
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TRAFFIC SIGNAL
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FROM' TO'
Sutmi~ed for the PERM~;~~~:~:-;:r~:n ~.}~~~¿ê~roiec~LL_- . =-----Z-M~¿=t_---~~~--~~~¿?~; ~
Name and Title (Typed or Printed Legibly) Sigrf"ature Date
1.
The PERMITTEE declares that prior to filing this application, the location of all existing utilities that it owns or has an interest in, both aerial and underground, are
accurately shown on the plans and a letter of notification was mailed on to the following utilities known to be involved or potentially impacted
in the area of the proposed installation: City of Clermont (Water/Sewer) Bri9ht House Networks Pro9ress Enel'9Y. Lake Aoooka Natural Gas. BellSouth
Sprint, and Sumter Electric Cooperative, Inc.
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5.
The local Maintenance or Resident Engineer, hereafter referred to as the FOOT Engineer, shall be notified forty-eight (48) hours prior to starting work and again
immediately upon completion of work. The FOOT's Engineer is Ed Petersen , located at 550 S. 14th Street. Leesbure.
Florida 34748-5603 , Telephone Number 352-360-6552 . The PERMITTEE's employee responsible for Maintenance of
Traffic is , Telephone Number (This name may be provided at the time of the 48
hour notice prior to starting work).
All work, materials, and equipment shall be subject to inspection and approval by the FOOT Engineer.
All plans and installations shall conform to the requirements of the FOOT's Utility Accommodation Manual in effect as of the date this permit is approved by FOOT,
and shall be made a part of this permit. This provision shall not limit the authority of the FOOT under Paragraph 8 of this Permit.
This PERMITTEE shall commence actual construction in good faith within -- days after issuance of permit, and shall be completed within__- days
after the permitted work has begun. If the beginning date is more than 60 days from the date of permit approval, the PERMITTEE must review the permit with the
FOOT Engineer to make sure no changes have occurred to the Transportation Facility that would affect the permitted construction.
The construction and maintenance of such utility shall not interfere with the property and rights of a prior PERM ITTEE.
It is expressly stipulated that this permit is a license for permissive use only and that the placing of utilities upon public property pursuant to this pennit shall not
operate to create or vest any property right in said holder, except as provided in executed subordination and Railroad Utility Agreements.
Pursuant to Section 337.403(1), Florida Statues, any utility placed upon, under, over, or along any public road or publicly owned rail corridor that is found by FOOT
to be unreasonably interfering in any way with the convenient, safe, or continuous use, or maintenance, improvement, extension, or expansion, of such public road
or publicly owned rail corridor shall, upon 30 days' written notice to the utility or its agent by FDOT, be removed or relocated by such utility at its own expense
except as provided in paragraphs (a) and (b), and except for reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements,
and shall apply to all successors and assigns for the permitted facility.
It is agreed that in the event the relocation of said utilities are scheduled to be done simultaneously with the FOOT's construction work, the PERMITTEE will
coordinate with the FOOT before proceeding and shall cooperate with the FOOT's contractor to arrange the sequence of work so as not to delay the work of the
FOOT's contractor, defend any legal claims of the FOOT's contractor due to delays caused by the PERMITTEE's failure to comply with the approved schedule,
and shall comply with all provisions of the law and the FOOT's current Utility Accommodation Manual. The PERMITTEE shall not be responsible for delay beyond
its control.
In the case of non-compliance with the FOOT's requirements in effect as of the date this permit is approved, this permit is void and the facility will have to be
brought into compliance or removed from the right of way at no cost to the FOOT, except for reimbursement rights set forth in previously executed subordination
and Railroad Utility Agreements. This provision shall not limit the authority of the FOOT under Paragraph 8 of this Permit.
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right, title and interest in the land to be entered
upon and used by the PERMITTEE, and the PERMITTEE will, at all times, and te the extent permitted by law, assume all risk of and indemnify, defend, and save
harmless the State of Florida and the FOOT from and against any and all loss, damage, cost or expense arising in any manner on account of the exercise or
attempted exercises by said PERMITTEE of the aforesaid rights and privileges.
During construction, all safety regulations of the FOOT shall be observed and the PERM ITTEE must take measures, including placing and the display of safety
devices that may be necessary in order to safely conduct the public through the project area in accordance with the Federal Manual on Uniform Traffic Control
Devices, as amended for highways, the requirements of the Standard Application Package for railways, including flagging services and Railroad Protective
Insurance or acceptable alternative, when applicable, and the FOOT's latest Roadway and Traffic Design Standards and Standard Specifications for Road and
Bridge Construction, as amended. When a Utility deems it necessary to conduct Traffic Control activities and methods significantly different from those addressed
in the above references, the Utility must submit an alternative plan signed and sealed by a qualified registered Florida professional engineer qualified to develop
TraffIC Control Planning in accordance with the provisions of the Utility Accommodation Manual, Chapter 8.
Should the PERMITTEE be desirous of keeping its utilities in place and out of service, the PERMITTEE, by execution of this permit acknowledges its present and
continuing ownership of its utilities located between and within
the FOOT's rights-of-way as set forth above. Whenever the PERMITTEE removes its facilities, it shall be at the Permittee's sole cost and expense. The
PERMITTEE, at its sole expense, shall promptly remove said out of service utilities whenever the FOOT determines said removal is in the public interest.
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14. In the event contaminated soil is encountered by the Utility or anyone within the permitted construction limits, the Utility shall immediately cease work and notify the
FDOT. The FDOT shall coordinate with the appropriate agencies and notify the PERMITTEE of any suspension or revocation of the permit until contamination
i35sessment and remediation, as appropriate under Rule Chapters 62-770 and 62-730 Florida Administrative Code, has progressed to a state that all environmental
regulatory agencies having jurisdiction have approved the site of the contamination for resumption of work.
15. During excavation operations, an on-site representative of the PERM ITTEE may be required to perform the following activities with respect to their own facilities:
physically expose or direct exposure of underground facilities, provide any necessary support to facilities and/or cover aerial facilities as deemed necessary to aid
construction.
Pursuant to Section 337.401(2), Florida Statutes, the permit shall require the permit holder to be responsible for damage resulting from the issuance of the permit.
The Department may initiate injunctive proceedings as provided in s.120.69 to enforce provisions of this subsection or any rule or order issued or entered into
pursuant thereto.
Pursuant to Section 337.402, Florida Statutes, when any public road or publicly owned rail corridor is damaged or impaired in any way because of the installation,
inspection, or repair of a utility located on such road or publicly owned rail corridor, the owner of the utility shall, at his or her own expense, restore the road or
publicly owned rail corridor to its original condition before such damage. If the owner fails to make such restoration, the authority is authorized to do so and charge
the cost thereof against the owner under the provisions of s.337 .404.
18. Special FDOT instructions:
It is understood and agreed that commencement by the PERMITTEE is acknowledgment and acceptance of the binding nature of all the above listed permit
conditions and special instructions.
19. By the below signature, the Permittee hereby represents that no change to the FDOT's standard Utility Permit form, as incorporated by reference into Rule 14-
46.001, for this Utility Permit has been made which has not been previously called to the attention of the FDOT (and signified to by checking the appropriate box
below) by a separate attached written document showing all changes and the written and dated approval of the FDOT Engineer. Are there attachments reflecting
:::rn:~' :7.;:,":"~:~ M'~'~S WYM, SIG:=~- ¿ DATE 2/d11) 3
Name & Title of Authorized Permittee or Agent
(Typed or Printed Legibly)
APPROVED BY:
District Maintenance Engineer or Designee
ISSUE DATE:
*** * * ** **** **** *** ** * *** **** **** ***** ** ** * * ** ***** * * ** **** * *** ** *** **** ** *. * *** *** ** * *** ** ** * *** *** ** **** *** * **** **** * * *** **** **** ******** * * *** *** ** **** **** **** ***** **** **** **** **** * **
UTILITY PERMIT FINAL INSPECTION CERTIFICATION
DATE:
. DATE WORK STARTED:
DATE WORK COMPLETED:
INSPECTED BY:
(Permittee or Agent)
REMARKS (Brief summary of approved plans changes):
CHANGE APPROVED BY:
District Maintenance Engineer or Designee
DATE:
I the undersigned PERMITTEE do hereby CERTIFY that the utility construction approved by the above numbered permit was inspected and installed in accordance
with the approved plans made a part of this permit and in accordance with the FDOT's current Utility Accommodation Manual. All plan changes have been
approved by the FDOT's Engineer and are attached to this permit. I also certify that the \\Ork area has been left in as good or better condition than when the work
was begun.
PERMITTEE: Mr. Wayne Saunders, City Manager
Name & Title of Authorized Permittee or Agent
(Typed or Printed Legibly)
SIGNATURE:
DATE:
. CC: District Permit Office
Permittee