HomeMy WebLinkAboutFlorida Department of Transportation Contract Renewal AN122 2005 02 18
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CONTRACT RENEWAL
375-020-23
CONTRACTS ADMINISTRATION
OGC -12/04
Contract No.: AN122
Financial Project No(s).:
WPI No(s).:
County(ies): Seminole
Renewal: (1st, 2nd, etc.)
244880-1-72-03
_lit
This Agreement made and entered into this ~ day of fi:Jto.v~" , zooli ,by and between the State of
(This date to be entered by DOT only.)
Florida Department of Transportation, hereinafter called "Department", and City of Winter Springs
of 1126 E. SR 434, Winter Springs, Florida 32708-2799
hereinafter called "Contractor".
WITNESSETH:
WHEREAS, the Department and the Contractor heretofore on March 1,2004
entered into an Agreement whereby the Department retained the Contractor to perform
state roadways.
routine maintenance on
; and
WHEREAS, said Agreement has a renewal option which provides for a renewal if mutually agreed to by both
parties and subject to the same terms and conditions of the original Agreement;
NOW, THEREFORE, this Agreement witnesseth that for and in consideration of the mutual benefits to flow each
to the other, the parties agree to a renewal of said original Agreement dated 3/1/2004
for a period beginning the 16th day of March , 2005 and ending the 15th
day of March , 2006 at a cost of $ 50 650 00 Renewal #1 funds include +3%
increase per page 5 of MOA specified herein.
All terms and conditions of said original Agreement shall remain in force and effect for this renewal.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day,
month, and year set forth above.
BY:
f.~
(SEAL) BY:
(SEAL)
Title: Mayor
Name of Surety
Date
By:
Florida Licensed Insurance Agent or
Attorney-In-Fact (Signature)
Date
Fiscal:
Approval as to Availability of Funds
Countersigned:
Florida Licensed Insurance Agent Date
(SEAL)
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; · Revised December 11, 20\.l.J J
CITY OF WINTER SPRINGS
AND
THE FLORIDA DEPARTMENT OF TRANSPORT A TION
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT
Contract No.: ANI22
THIS Agreement, entered into thisl..d t day of ryoJl- . , 2004 by and between the
STATE OF FLORIDA, DEPARTMENT OFTRANSPORTATION, a component agency of the
State of Florida, hereinafter called the DEPARTMENT and the CITY OF WINTER SPRINGS
State of Florida, existing under the Laws of Florida, hereinafter called the CITY
WITNESSETH
WHEREAS, as a part of the continual updating of the State of Florida Highway
System, the DEPARTMENT, for the purpose of safety, has created roadway, roadside areas and
median strips on that part of the State Highway System within the limits ofthe CITY or adjacent
to; and
WHEREAS, the CITY hereto is of the opinion that said roadway, roadside areas
and median strips shall be attractively maintained;
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party; and
:t04~-tJ~ Cl'It.- P1 ~ ,L
WHEREAS, the CITY, by Resolution _dated the --L- day of~ ,200 T
, attached hereto as Exhibit "A", which by reference hereto shall become a part hereof, desires to
enter into this Agreement and authorizes its officers to do so.
NOW, THEREFORE, for and in consideration of the mutual benefits to flow each
to the other, the parties covenant and agree as follows:
City of Winter Springs FINNO.: 244880-]-72-03 CONTRACT NO.: AN122
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Revised December 11, 20u..)
1. The CITY shall be responsible for routine maintenance of all shoulders, landscaped
and/or turfed areas within DEPARTMENT rights-of-way having limits described by Exhibit
"B", or subsequent amended limits mutually agreed to in writing by both parties. For the
purpose of this Agreement, the maintenance to be provided by the CITY is defined in Exhibit
"C", or as defined by subsequent amended definitions agreed in writing by both parties.
2. The CITY shall be responsible for clean up, removal and disposal of all debris from
the DEPARTMENT'S rights-of-way (described by Exhibit "B", or subsequent amended limits
mutually agreed in writing by both parties) following a natural disaster (i.e. huiricane, tornadoes,
etc.) or from other normal occurrences such as vehicle accidents and spills. However, the
DEPARTMENT shall not deduct from the payment to the CITY, costs for impairment of
performance of any activity or part thereof defined in Exhibit "C", as a result of such event and
the redirection of CITY forces towards fulfillment of the responsibility under this article.
3. To the extent permitted by Florida law the CITY agrees that it will indemnify and
hold harmless the DEPARTMENT and all of the DEPARTMENT'S officers, agents, and
employees from any claim, loss, damage, cost, charge or expense arising out of any act, action,
neglect or omission by the CITY during the performance of this Agreement, whether direct or
indirect, and whether to any person or property to which the DEPARTMENT or said parties may
be subject, except that neither the CITY nor any of its subcontractors will be liable under this
section for damages arising out of injury or damage to persons or property directly caused or
resulting from the negligence of the DEPARTMENT or any of its officers, agents, or
employees. The Forgoing Provision is not intended to give rise to Rights in any third party to
recover damages from the CITY, nor is it intention to constitute a waiver of sovereign immunity.
4. If, at any time while the terms ofthis Agreement are in effect, it shall come to the
attention of the DEPARTMENT's District Director of Operations, District 5, that the CITY
responsibility as established herein or a part thereof is not being properly accomplished pursuant
to the terms ofthis Agreement, said District Director of Operations, District 5, may, at his
option, issue a written notice in care of the Public Works Director to place said CITY on notice
thereof. Thereafter the CITY shall have a period of (30) thirty calendar days within which to
City of Winter Springs FIN NO.: 244880-1-72-03 CONTRACT NO.: AN122
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Revised December 11, 20lJ.J
correct the cited deficiency or deficiencies. If said deficiency or deficiencies are not corrected
within this time period the DEPARTMENT may at its option, proceed as follows:
(A) Maintain the roadway shoulders, median strip or roadside area declared
deficient with the DEPARTMENT or a Contractor's material, equipment and personnel. The
actual cost for such work will be deducted from payment to the CITY or
(B) Terminate this Agreement in accordance with Paragraph 11 ofthis
Agreement.
5. It is understood between the parties hereto that the work covered by this Agreement
may be adjusted at any time in the future upon written agreement signed by both parties as found
necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or
otherwise changed and maintained to meet with future criteria or planning of the
DEPARTMENT.
6. The Department agrees to pay to the CITY, following a Notice to Proceed,
compensation for the cost of maintenance as described under Item 1 of this Agreement. The
payment will be in the amount of $12,293.50 per quarter or a total sum of $49,174.00 per year.
In the event this Agreement is terminated as established by Paragraph 11 herein, payment shall
be prorated to the date termination occurs. Detailed quarterly invoices, as provided further
herein shall be sent to the Maintenance Contract Engineer of the Department at 2400 Camp
Road, Oviedo FI 32765. Delivery shall be effective upon receipt of a proper quarterly invoice
and any required, associated documents.
7. Payment shall be made only after receipt of goods and services as provided in Section
215.422, Florida Statutes.
(A) Any penalty for delay in payment shall be in accordance with Section
215.422(3) (b), Florida Statutes. Section 215.422(5), Florida Statutes provides that all
purchasing agreements between a state agency and a vendor, applicable to this section, shall
include a statement ofthe vendor's rights and the state's responsibilities under this section. The
City of Winter Springs FIN NO.: 244880-1-72-03 CONTRACT NO.: AN122
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Revised December 11, 20b.5
vendor's rights shall include being provided with the name and telephone number of the Vendor
Ombudsman within the Department of Financial Services.
(B) The CITY should be aware of the following time frames. Upon receipt, the
Department has seven (5) working days to inspect and approve the goods and services, unless
otherwise specified herein. The Department has 20 days to deliver a request for payment
(voucher) to the Department of Finance. The 20 days are measured from the latter of the date the
invoice is received, at the location stated herein, or the goods or services are received, inspected
and approved.
(C) If payment is not available within 40 days, a separate interest penalty as
established pursuant to Section 215.422, Florida Statutes, will be due and payable, in addition to
the invoice amount, to the CITY. Interest penalties ofless than one ($1.00) dollar shall not be
enforced unless the CITY requests payment. Invoices, which have to be returned to the CITY
because of CITY preparation errors, will result in a delay in the payment. The invoice payment
requirements do not start until a properly completed invoice is provided to the Department.
(D) A Vendor Ombudsman has been established within the Department of
Financial Services. The duties of this individual include acting as an advocate for vendors who
may be experiencing problems in obtaining timely payment(s) from the Department. The
Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptrollers
Hotline, 1-800-848-3792.
8. Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
9. Records of costs incurred under terms of this Agreement shall be maintained and made
available upon request to the Department at all times during the period of this Agreement and for
three years after final payment is made. Copies of these documents and records shall be
furnished to the Department upon request. Records of costs incurred include the CITY's general
accounting records and the project records, together with supporting documents and records of
City of Winter Springs FIN NO.: 244880-1-72-03 CONTRACT NO.: AN122
Page 4 of11
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Revised December 11, 2Gb.)'
the CITY and all subcontractors performing work, and all other records of the CITY and
subcontractors considered necessary by the Department for a proper audit of costs.
10. The CITY 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
CITY in conjunction with this Agreement. Failure by the CITY to grant such public access
shall be grounds for immediate unilateral cancellation of this Agreement by the Department.
11. This Agreement or any part thereof is subject to termination under anyone of the
following conditions:
(A) In the event the DEPARTMENT exercises the option identified by
Paragraph 4 of this Agreement.
(B) In the event the Legislature fails to malce an annual appropriation to pay
for the CITY's services to be performed hereunder.
12. The term of this Agreement commences on the date a written Notice to Proceed is
issued to the CITY by the Department's District Maintenance Engineer, District 5, and shall
continue for a period of one year from the date of issue of said Notice to Proceed.
This Agreement has a renewal option. Renewals shall be on an annual basis not to
exceed two yearly renewal periods, or if the original term is greater than one year for no longer
than one additional term, subject to the same prices and associated quantities as well as all other
terms and conditions set forth in this Agreement, except that the price to be paid for the renewal
periods may be increased by up to (3) percent at the discretion of the DEPARTMENT.
Renewals shall be made at the discretion and option of the Department and agreed to in
writing by both parties; i.e., the Authorized Signatory for the CITY, and the District Director of
Operations, District 5, for the DEPARTMENT. Renewals shall be contingent upon satisfactory
performance evaluations by the DEPARTMENT and subject to the availability of funds.
City of Winter Springs FIN NO.: 244880-1-72-03 CONTRACT NO.: AN122
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Revised December 11, 20LJ..J
The term of this Agreement may be extended for a period not to exceed six (6) months,
upon written Agreement by both parties and subject to the same terms and conditions as
applicable for renewal of this Agreement.
13. In the event this Agreement extends beyond the DEP AR TMENT'S current Fiscal
Year that begins on July 1 of each year and ends on June 30 of each succeeding year, the CITY
and the DEPARTMENT mutually agree that the State of Florida's performance and obligation to
pay under this Contract is contingent upon an annual appropriation by the Legislature. In
addition, Section 339.135(6)(a) of the Florida Statutes is incorporated by reference, and set forth
herein below as follows:
F.S. "339.135(6)(a)" - The DEPARTMENT, 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 such Fiscal Year. Any Contract, verbal or
written, made in violation of this subsection is null and void, and no money may
be paid on such contract. The DEPARTMENT shall require a statement from the
Comptroller of the DEPARTMENT 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 DEPARTMENT
which are for an amount in excess of $25,000 and having a term for a period of
more than one (1) year.
14. All work done on the DEPARTMENT rights-of-way shall be accomplished in
accordance with the Department of Transportation Manual on Uniform Traffic Control Devices and
The Department of Transportation DESIGN STANDARDS, current edition.
15. This writing embodies the whole agreement and under-standing of the parties. There
are no promises, terms, conditions, or obligations other than those contained herein, and this
Agreement shall supersede all previous communications, representations, or agreements either
verbal or written, between the parties hereto.
City of Winter Springs FIN NO.: 244880-1-72-03 CONTRACT NO.: AN122
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Revised December 11, 20u.:> .
16. This Agreement is nontransferable and nonassignable in whole or in part without
consent of the DEPARTMENT.
17. This Agreement shall be governed by and construed according to the laws of the
State of Florida.
18. 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, proposal, or reply on a contract to provide
any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public work, may not submit
bids, proposals, or replies on leases of real property to any 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 ofthe threshold amount
provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period ofthirty-six (36)
months following the date of being placed on the convicted vendor list.
City of Winter Springs FIN NO.: 244880-1-72-03 CONTRACT NO.: AN122
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Revised December 11, 20u.:5
EXHIBIT" A"
RESOLUTION
City of Winter Springs FIN NO.: 244880-1-72-03 CONTRACT NO.: AN122
Page 8 of 11
RESOLUTION NUMBER 2004-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER
INTO A HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, many roadside areas and median strips abutting Department of
Transportation rights-of-way areas must be maintained and attractively landscaped: and
WHEREAS, the Mayor and City Commission desire that the City of Winter
Springs beautify and maintain various rights-of-way areas within the City of Winter Springs
by landscaping to a higher standard than provided by FOOT; and
WHEREAS, the Mayor and City Commission of the City of Winter Springs wish
to authorize the City Manager to enter into a Highway Maintenance Memorandum of
Agreement between the City of Winter Springs and the Florida Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS:
SECTION I - The City Commission of the City of Winter Springs hereby
authorizes the City Manager to enter into a Highway Maintenance Memorandum of Agreement
between the City of Winter Springs and the State of Florida Department of Transportation in a
form acceptable to the City Commission.
SECTION II - The City Clerk of the City of Winter Springs is hereby directed to
send copies of this Resolution to the Department of Transportation and all other persons as
directed by the Mayor and City Commission.
SECTION 1\1 - This Resolution shall take effect immediately upon its passage
and approval.
Passed and adopted this 9th day of Februarv 2004.
F WINTE~:.SPRINGS, FLORIDA
),,~
F. BUSH,J~.~AYOR
I
. . Revised December 11, 20uj
EXHmIT "B"
THE ROADWAYS INCLUDED IN THIS AGREEMENT ARE:
SECTION S.R.
LOCATION DESCRIPTION
LENGTH
77120 SR434
From Talmo to SR419
MP 9.175 to 11.282
2.107 Miles
77070000 SR434
From Tuscora to SR417
MP 5.538 to 7.000
1.462 Miles
77070002 SR434
From SR419 for Tuskawilla MP 0.000 to 0.851
0.851 Miles
77070003 SR434
From Tuskawilla to Tuscora MP 0.000 to 2.020
2.02 Miles
City of Winter Springs FIN NO.: 244880-1-72-03 CONTRACT NO.: AN122
Page 9 of 11
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Revised December 11, 20uj
EXHIBIT "C"
433 0575-1 SODDING SY 250 $2.00 $500.00
435 0570-1 SEEDING, FERTILIZING, MULCHING ACRES 2 $267.00 $534.00
437 E120-10-1 MISC. SLOPE AND DITCH REPAIR CY 76 $14.00 $1,064.00
451 0430-944-38 CLEAN DRAINAGE STRUCTURES LF 300 $3.00 $900.00
459 0522-1 CONCRETE SIDEWALK REPAIR SY 264 $38.00 $10,032.00
471 E104-4-1 LARGE MACHINE MOWING ACRES 97 $14.00 $1,358.00
485 E 1 04-4-3 SMALL MACHINE MOWING ACRES 53 $80.00 $4,240.00
E580-332-
487 99 WEED CONTROL MANUAL ACRES 1 $420.00 $420.00
490 0570-5 FERTILIZING TONS 4 $180.00 $720.00
492 E580-336-1 TREE TRIMMING AND REMOVAL MH 250 $36.00 $9,000.00
493 E580-3-1 LANDSCAPE AREA MAINTENANCE SY 1080 $0.30 $324.00
CHEMICAL WEED AND GRASS
494 E580337-3 CONTROL GALS 1000 $2.50 $2,500.00
498 0999-2 STORM WATER MANAGEMENT MH 100 $50.00 $5,000.00
527 E550-7-122 FENCE REPAIR LF 560 $5.00 $2,800.00
541 E110-30 LITTER REMOVAL ACRES 296 $7.00 $2,072.00
542 E110-31-2 ROAD SWEEPING (MANUAL) MI 2 $230.00 $460.00
545 E110-32-1 EDGING AND SWEEPING MI 25 $290.00 $7,250.00
$49,174.00
City of Winter Springs FIN NO.: 244880-1-72-03 CONTRACT NO.: AN122
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Revised Decem ber 11 f 2
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
the day and year first above written.
CITY OF WINTER SPRINGS .
. STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: ~h~--c ,;).~L{~gc{
(DATE)
\ j( l' .
Atte~~-l~SEAL)
(DATE)
By:~~' ~
, District Di?ector of Operations \.. (D ATE)
District Five
Attest~~~~ (SEAL)
APPROVED AS TO FORM AND LEGALITY
APPROVED AS TO FORM AND LEGALITY
Legal Approval (DAlE)
LZ~
District Counsel
~~~
I (DAlE)
City of Winter Springs FIN NO.: 244880-1-72-03 CONTRACT NO.: AN122
Page 11 of 11
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Florida Department of Transportation
.JEB BUSH
GOVERNOR
Orlando Metro North
2400 Camp Road
Oviedo, FL 32765
(407) 977 -6530
Fax: (407) 977 -6535
March 9, 2005
City of Winter Springs
Mr. Alan Hill
1126 E. SR 434
Winter Springs, FL 32708-2799
RE: Memorandum of Agreement
Contract No.
State Job No.
Surety:
Amount:
AN 122
244880-1-72-03
N/A
$50,650.00
Dear Mr. Hill:
JOSE ABREU
SECRETARY
This is to authorize you to begin work on the above referenced job on March 16,2005.
Should you require any assistance or information regarding this contract, please contact this
office by calling Jeff Ryals at (407) 977-6530, or through the address listed above.
cc: District Contracts
Contract File
JEW: lhc
www.dot.state.fl.us
Sincerely,
./~?w'-&.
James E. Wood, Jr., P.E.
Metro Orlando North
Maintenance Engineer
@ RECYCLED PAPER