Agenda 06/23/2015 Item #16A206/23/2015 16.A.20.
EXECUTIVE SUMMARY
Recommendation to approve the Florida Department of Transportation (FDOT) FY 15/16
Work Order whereby FDOT provides compensation in the amount of $298,206.72 to
Collier County for providing maintenance of FDOT owned Roadway Lighting Systems
under the State Highway Lighting Maintenance and Compensation Agreement.
OBJECTIVE: To request the Board to approve the FDOT FY /l 5/16 Work Order providing for
compensation to the County for providing maintenance of FDOT owned Roadway Lighting
Systems on the State roadway system under the State Highway Lighting Maintenance, and
Compensation Agreement.
CONSIDERATIONS: The Traffic Operations Section of the Transportation Engineering
Division, Growth Management Department, is responsible for the operation and maintenance of
roadway lighting that is owned by the FDOT on the State roadway system in unincorporated
Collier County under a State Highway Lighting Maintenance and Compensation Agreement,
which is renewed each FDOT fiscal year through the issuance of a Work Order. See attached
FY 15/16 Work Order.
Every year the State and Collier County agree upon the actual number of lights maintained by
Collier County, as the State system grows larger, and the rate of compensation. Compensation is
memorialized in the issuance of an annual Work Order that is signed by the parties. For FDOT
FY 15/16, FDOT will compensate the County 90% of the cost of maintaining 1.280 lights at a
per light compensation rate of $258.86 per light for a total of $298,206.72.
FISCAL IMPACT: Revenue related to this maintenance agreement is budgeted in Traffic
Operations fund center 163630 and is utilized to balance the operating expenses on an annual
basis. Any increase in this revenue source lessens the burden on the General Fund to support
Traffic Operations maintenance activities.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval. —SRT
GROWTH MANAGEMENT IMPACT: This action will result in no growth management
impact.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes its
Chairman to sign the Florida Department of Transportation FDOT FY 15/16 Work Order for the
maintenance of FDOT owned roadway lighting systems by the Traffic Operations Section of the
Transportation Engineering Division under the State Highway Lighting Maintenance and
Compensation Agreement.
Prepared By: John W. Miller, Project Manager, Traffic Engineering Section, Growth
Management Department
Attachments: (1) State Highway Lighting Maintenance, and Compensation Agreement, (2) FY
15/16 Work Order
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6/23/2015 16.A.20.
C OLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.20.
Item Summary: Recommendation to approve the Florida Department of Transportation
(FDOT) FY 15/16 Work Order whereby FDOT provides compensation to Collier County for
providing maintenance of FDOT owned Roadway Lighting Systems under the State Highway
Lighting Maintenance, and Compensation Agreement.
Meeting Date: 6/23/2015
Prepared By
Name: MillerJohn
Title: Project Manager, Growth Management Department
6/1/2015 8:41:48 AM
Submitted by
Title: Project Manager, Growth Management Department
Name: MillerJohn
6/1/2015 8:41:49 AM
Approved By
Name: AhmadJay
Title: Division Director - Transportation Eng, Growth Management Department
Date: 6/1/2015 1 :00:51 PM
Name: LynchDiane
Title: Supervisor - Operations, Growth Management Department
Date: 6/1/2015 3:01:55 PM
Name: NauthRookmin
Title: Management /Budget Analyst, Growth Management Department
Date: 6/2/2015 8:49:13 AM
Name: KhawajaAnthony
Title: Chief Engineer - Traffic Operations, Growth Management Department
Date: 6/2/2015 4:40:52 PM
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6/23/2015 16.A.20.
Name: KearnsAllison
Title: Manager Financial & Operational Support, Growth Management Department
Date: 6/3/2015 11:23:52 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 6/3/2015 1 1:34:47 AM
Name: Casa] anguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/6/2015 9:09:19 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/8/2015 9:18:01 AM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 6/9/2015 9:50:27 AM
Name: Casa] anguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/12/2015 9:50:16 AM
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F YTJ TRTT "A
FY 15/16 FDOT WORK ORDER
STATE HIGHWAY LIGHTING MAINTENANCE, AND COMPENSATION
AGREEMENT
Contract Number AND03
Maintaining Agency: Collier County
Agency:
Financial Project No.: 412574-1-78-01
Effective Date: Julv 1, 2015 to June 30. 2016
1.0 PURPOSE
This exhibit defines the method and limits of compensation to be made to the
Maintaining Agency for the sen ices described in the original agreement executed
on 9/10/03.
2.o COMPENSATION
The Department will compensate each Maintaining Agency for maintenance of
lights being maintained on state highways for FY 15/16 is 901/11) of the total
number of lights at 5258.96 per lip-ht.
The current inventory of lights to be maintained by your agency for FY 15/16 is
ore-thousand-two-hundred-eic-rbtv (1.280) at a cost of 5258.86 per light, which
brings the amount of compensation to S29&206.7)
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 15/16. the Department will pay the Maintaining Agency a Total Lump Sum of
-7-)
Bv:
Sharon L. Har-ris City /Count""
FDOT District '""Maintenance Administrator
Date:
AT7f
Approved as to form and legality
E)WIC.4iT F-. RO CK, cLERK
Scott ft"Teach, Deputy County Attorney
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F7- I-;,~ (-/ phcirti -r,pr °€Tl c r1 -t-i fit .
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.{EB BUSH
Got -ERNOR
Mr. Robert W. Tipton
Traffic Operations Manager
Collier County
2705 South Horseshoe Drive
Naples, Florida 34104
801 North Broadway 4venue
Bartow, Florida 33330
October 1, 2003
RE: Highway Lighting, Maintenance, and Compensation Agreement
Collier County
Dear Mr. Tipton:
6/23/2015 16.A.20.
JOSE A BRED
SECRETAR3
I am enclosing your copy of the fully executed State Highway Lighting,
Maintenance, and Compensation Agreement for the Collier County. 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, 2004, but no later than 180 days after
the end of Fiscal Year on June 30, 2004.
Thank you for your cooperation. If you have any questions, please call.
Sincerely,
W. L. Childs, Jr.
District Utility Administrator
(fin LIT
By: Chere' Schroyer
�kTC /TJM /cs
Enclosure (s)
xc: Chuck Lovell, District Maintenance Engineer
File
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R =C Yv_E01A,P _:
6/23/2015 16.A.20.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710- 010 -30
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION UTILITIES
07lD3
AGREEMENT Page 1 of
THIS AGREEMENT, entered into this day of , year of , by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION hereinafter referred to as the "FDOT ", and
Collier County , 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 33 5.055, 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;
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 AGENCYs 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.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710 - 010 -30
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION UTILITIES
07!03
AGREEMENT Page 2 of
Compensation and Payment
a. The FDOT agrees to pay to the MAINTAINING AGENCY a lump sum of $ 61,413.75 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 p rior 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. The Work Order shall be an FDOT
signed letter of authorization to the MAINTAINING AGENCY with a subject line containing the terms
"State Highway Lighting, Maintenance, And Compensation Agreement Work Order." The Work Order
shall reflect the contract number, financial project number, FEID No. of the Maintaining Agency, the fiscal
year, and the lump sum amount to be paid for the fiscal year indicated. The Work Order shall be signed
by the MAINTAINING AGENCY and returned to FDOT. No payment will be made on Work Orders which
are not properly signed and returned to FDOT prior to performing services.
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.
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.
3. 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 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 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 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) 410 -9724 or by calling
the Chief Financial Officer'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. I n 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:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710 - 010 -3D
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION UTILITIES
07103
AGREEMENT Pace 3 of 5
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.
The FDOT 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 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.
b. 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 - 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.
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.
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 parry 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.
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.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710- 010 -30
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION UTILITIES
07/03
AGREEMENT Page 4 of 5
e. Time is of the essence in the performance of all obligations under this Agreement.
f, 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. Robert Tipton, Traffic Operations Manager
Collier Countv
, Florida 34
FDOT:
Walter L. Childs, Jr., District Utilitv Administrator
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
(35) 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.
i. Nothing herein shall be construed as a waiver of either party's sovereign immunity.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710- 010 -30
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION UTILITIES
AGREEMENT 5 0' 5
Pace 5 0* 5
Certification
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
"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:
() 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 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
r:
(Signature), DATE:
(Typed Name: Roh -rt- W_ Tipton, P.E.
)
(Typed Title: co ck'? mac£`; gP ;;=gt
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
BY:
Bl : (Signature) ✓ �— J✓ LATE: `?
(Typed Fume: r i Frj;- , t� )
(Typed Title: E °1 s i r ni€ `) o r }
FDOT Legal Review
f
BY: (Signature)
District Counsel
(Typed Name: =- ,ry? r= l`.
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DATE: i
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