Exh 6A
AGENDA ITEM #6A
JANUARY 13, 2003
CITY OF ATLANTIC BEACH
' CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: State Highway System Lighting, Maintenance and
Compensation Agreement
SUBMITTED BY: Robert S. Kosoy, P.E. ~~s~
' Director of Public Works
DATE: January 3, 2003
BACKGROUND: On June 19, 2002 we received an initial letter that the Florida
Department of Transportation was beginning a program to artiall
compensate local maintaining agencies for their cost associated
with the operation and maintenance (O/M) of lighting systems on
State owned roadways. Since the City of Atlantic Beach pays the
lighting bill for Mayport Road and Atlantic Blvd. (FDOT
roadways), as part of the overall lighting bill to the Jacksonville
Electric Authority, it was difficult to quantify the exact amount
paid for the two roadways. Subsequent discussion with FDOT and
a letter dated August 8, 2002 extending the deadline until August
1 26, 2002 provided sufficient time to collect data and respond on
August 16, 2002. In this letter we advised that we estimated our
' O/M expenditures to be $23,280 per year.
On December 11, 2002 we received a letter from FDOT with an
' Agreement for execution, stating that the Maintaining Agency (the
City of Atlantic Beach) will receive a lump sum of $9,468.00 for
the year in which this Agreement is~signed. The Agreement needs
to be completely executed with a resolution and forwarded to
FDOT by January 15, 2003.
RECOMMENDATION: Execute Resolution #03-01 and sign and date Agreement.
ATTACHMENTS: Letter from FDOT dated December 11,.2002 with Compensation
Agreement (Exhibit A), Resolution and five page Agreement.
. Letter from Robert S. Kosoy to FDOT dated August 16, 2002.
REVIEWED BY CITY MANAGER:
FLORIDA
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GOVERNOR
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DEPARTMEN'TcOF riT32~SPUI~TATION
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District Two Utilities Design - MS 2024 Secrcwry
vince.camp n dot.state.Fl.us
December 11, 2002
Mr. James Hanson
City of Atlantic Beach -City Manager
800 Seminole Road
Atlantic Beach, FL 32233
SUBJECT: STATE HIGHWAY SYSTEM LIGHTING, MAINTENANCE, AND COMPENSATION
AGREEMENT
Dear Mr. Hanson:
The Department of Transportation has finalized its review of the information and cost you reported in
association with the STATE HIGHWAY SYSTEM LIGHTING, MAINTENANCE AND
COMPENSATION program. The lump sum dollar amount that the Department has determined that you are
currently eligible for under this program for the 02/03 fiscal year is reflected on page 2 paragraph. 2a. of the
enclosed agreement.
Please execute the enclosed agreement and return it to the following person.
Ms. Lizbeth Yates
FDOT District 2 Maintenance Office-MS 2010
1109 South Marion Avenue
Lake City; Florida 32024
This needs to be completely executed with a resolution and forwarded to Ms. Yates by January 15, 2003.
If you should have any questions, please feel free to contact Mr. Jim Hannigan or myself at 1-800-749-2967.
AGENDA ITEM #6A
JANUARY 13, 2003
Mr. Jim Hannigan, P.E., District Maintenance
File
STATE HIGHWAYSYSTEM LIGHTING, MAINTENANCE, AND
COMPENSATION AGREEMENT
' Exhibit A
' Name of Maintaining Agency:
Contact person:
. Contact phone number:
AGENDA ITEM #6A
JANUARY 13, 2003
Per paragraph 1.A. of the agreement
Please list below any exceptions for the lighting systems on the state highway system, other than interstate,
weigh stations, or rest areas, that you are not maintaining or paying the operating expense within your
' jurisdictional boundaries or check not applicable. - .
Not Applicable
' The following exce tions locations a 1 to this a Bement. .
P PP Y '~'
' State Road No. From To
AGENDA ITEM #6A
JANUARY 13, 2003
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
RESOLUTION
03-01
WHEREAS, the State of Florida Department of Transportation, hereinafter referred to as the
"FDOT" find it is necessary for the_City of Atlantic Beach, hereinafter referred to.as the MAINTAINING
AGENCY, to execute and deliver to the FDOT the agreement identified as STATE HIGHWAY SYSTEM
LIGHTING, MAINTENANCE AND COMPENSATION AGREEMENT, hereinafter referred to as the
Agreement;
NOW, THEREFORE, BE iT RESOLVED BY THE MAINTAINING AGENCY:
That (Name) , (Title)
be hereby authorized and directed to execute and deliver the Agreement to the FDOT.
A certified copy of this Resolution be forwarded to the FDOT along with the executed
Agreement.
ON MOTION of ,seconded by ,the above
RESOLUTION was introduced and passed by the MAINTAINING AGENCY on the day of
year of
NAME:
Title:
ATTEST:
Title:
AGENDA ITEM #6A
JANUARY 13, 2003
' STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ~ ~w ~~-~
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION UTILITIES
AGREEMENT °9,°Z
Page 1 of 5
i
' 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
City of Atlantic Beach ,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,
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and
the MAINTAINING AGENCY hereby agree as follows:
' 1. Maintenance of Facilities .
' 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 } 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.
t AGENDA ITEM #6A
JANUARY I3, 2003
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-30
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION ~ UT~UTIES
AGREEMENT ogroz
Page 2 of 5
2. Compensation and Payment
a. The FDOT agrees to pay to the MAINTAINING AGENCY a lump sum of $ 9.468.00 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
1 authorizing the performance of maintenance for each new fiscal year.
c. Invoices may be submitted anytime after May 19`"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 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 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.
AGENDA ITEYI #bA
JANUARY 13, 2003
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 77twtu-3u
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION UTILITIES
AGREEMENT aeroz
Page J of 5
The FDOT will provide a copy of the statement, referenced above to the MAINTAINING AGENCY.
S. 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.
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 far 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.
AGENDA ITEM #6A
JANUARY 13, 2003
STATE OF FLORIDA DEPARTh1ENT OF TRANSPORTATION 710-010•]0
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION UTILRIES
09/02
AGREEMENT Pape4of5
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
1 (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 othen+vise notified in writing,
notices shall be sent to the following addresses:
MAINTAINING AGENCY:
FDOT:
H. Vince Cam
1109 South Marion Ave - MS 2024
' Lake City, FL 32025-5874
1 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
1 .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.
i. Nothing herein shall be construed as a waiver of either party's sovereign immunity.
AGENDA ITEM #GA
JANUARY 13, 2003
STATE OF FIORlDA DEPARTMENT OF TRANSPORTATION 710-010.30
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION UTILrrIES
AGREEMENT °9'02
Page 5 of 5
t 9. 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:
Q No changes have been made to this Forms Document and no Appendix entitled "Changes To Form
1 Document" is attached.
Q 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:
(Typed Name: ) ,.
' (Typed Title: 1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
BY:.(Signature) DATE: '
' (Typed Name: Jim MacLaughlin )
' (Typed Title: Director of Operations )
' FDOT Legal Review
I BY: (Signature) DATE:
District Counsel
(Typed Name: )
1
t
AGENDA ITEiV1 #6A
JANUARY 13, 2003
August 16, 2002
Mr. H. Vince Camp
District Utility Engineer _
- Florida Department of Transportation
District Two Utilities Design - MS 2024 _
1109 South Marion Avenue
Lake City, FL 32025
Subject: State Highway System Lighting, Maintenance
and Compensation Program
Dear Mr. Camp:
We appreciate your extending the deadline for our response and we would like to be
considered for the above referenced program. The maintenance and operation of the
lighting on the state roads in Atlantic Beach is a shared cost between the Jacksonville
Electric Authority (JEA) and the City. We do not have figures available for JEA's
maintenance costs and the costs we have provided are based on the City's monthly
lighting costs.
We do choose to participate in this program and,, hopefully, it will benefit the citizens of
Atlantic Beach. If you have any questions please contact me at (904) 247-5834.
Sincerely,
~~~~.
Robert S. Kosoy, P.E.
Director of Public Works
cc: Jim Hanson, City Manager
Jim Hannigan, FDOT
Phil Nodine, Streets and Maintenance Divisior>• Director
r RSKI~
DEPARTb1ENT OF PUBLIC WORKS
1200 SANDPIPER LANE
ATI_ANI'IC BEACH, FLORIDA 32233-4318
TELEPHONE: (904) 247-5834
FAX: (904) 247-5843
SUNCOhI: 852-5834
. http:/Jci.atlantic-beach.fl.us
Ci
AGENDA ITEIVI #GA
JANUARY 13, 2003
STATE HIGHWAYSYSTEM LIGHTING, MAINTENANCE, AND
COMPENSATION PROGRAM
Name of Maintaining Agency G'I ~~,/ o ~' ~~ar1 ~ fG .each
Contact person: 1~0~ ,~ S'_ ~p SOU
Contact phone number 9<l,} - 24 7 - 583
I
Totiil Center Lane Annual
State Road From To Miles *0/Ivi S
umber and local name
(ie. SR 10/Main St.) Side street or major
intersection Side street or major
intersection Between the from and to
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F~ ZAIA Ma • r'{' -t'la is i3ivd. S6r Lune 2 •o ~
P.d
~' INLI.U~cS .rLYG~ c~ ~~MP
Please provide . any documentation that supports this cost.
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Per. ivy.
rEA 6; j/
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21 West Church Slreet, Jacksonville, FL, 32202-3139 •904.665.6000 • jea.com
' •' ELECTRIC .
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17 00775-00485-STRL-2-00-E 0725!02 48511TH ST
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C(TY OF ATLANTIC BEACH ~ CONSUMPTIDN HISTORY
ATTN: ACCOUNTS PAYABLE DEPT
B00 SEMINOLE RD July 2002 47,673 KWH
ATLANTIC BEACH FL 32233-5444 July 2001 46,305 KWH
June 2002 47,457 KWH
June 2001 46,305. KWH
ADDITIONAL INFORMATION ON REVERSE SID.
1 METER NUMBER RE50
GATE DAYS
BILLED CURRENT READING
READING TYPE METER
CCNSTAN7 CONSUMPTION AYEAAGEDAILY
CCNSUMPTIONCOST
44445555 0725!02 30 0 ~ 47,673 KWH $171.17
AGENDA ITEM #GA
JANUARY 13, 2003
i~
Would you like free hot water or electricity? JEA has a new
incentive program for solar water heaters, swimming pool heaters
and electric power. Incentives can save you up to 30 percent of the
total system price. Call us at 665-7402 before the incentives run
out. Email at business®jea,cam.
FUEL AMOUNT 5881.95 CAD 5.01850/KVJH
PLEASE INDICATE ADDRESS CORREC710N BELOW
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.. . .
Eleciric Charge
Grass Receipi~ Tr;;
Contract Adjustment (GsldrS)
TOTAL DUE
BY 8116102 TO AVOID
1.5% LATE PAYMENT FEE
~ 5,261.53
136.57
-263.08
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X5;135.02