HomeMy WebLinkAbout2004 02 09 Consent 206
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(~OMMISSION AGENDA
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206
I CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
February 9,2004
Meeting
MGR (d/lnEPT /~
Authorization
REQUEST: Public WOlrks Department Requesting Approval of Resolution #2004-05
authorizing the City Manager to enter into a Highway Manntenance Memorandum
of Agreement with the Florida Department of Transportation for the Maintenance
of State Road 434.
PURPOSE: The purpos1e ofthis Board item is to request Approval of Resolution #2004-05
authorizing the City Manager to enter into a highway landscaping maintenance
memorandum of agreement with the Florida Department of Transportation for the
Maintenance of State Road 434 from Talmo Street to S.R. 417.
CONSIDERATIONS:
This resolution is required as a condition of the Maintenance Memorandum of
Agreement (MMOA). The MMOA is required for the beautification landscaping that has been
installed to remain. This would be the 3rd three year MMOA. The current Maintenance
Agreement will expire in March 15, 2004.
The City Commission initially approved on February 9, 1998 a Maintenance
Memorandum of Agreement with FDOT for the maintenance of S.R. 434 from Talmo Street to
Tuskawilla Road with two one year renewal options. Subsequently on January 8,2001, the
City Commission approved a renewal of the maintenance agreement adding from Tuskawilla
Road to S.R. 417 with two one year renewal options, The FDOT has provided for 3% annual
increase for renewals. The proposed 2004-2005 reimbursement amount is $49,174. The
original reimbursement amount in 1998 was $17,500.
~
February 9,2004
Consent Agenda Item 206
Page 2
The proposed Maintenance Memorandum of Agreement has minor changes in the work
task over the original MMOA as outlined in Exhibit "B" of the agreement. The agreement is
required for all areas where landscaping has been installed.
The current maintenance costs to the City for this scope of work is estimated at
$89,000. The higher cost is due to the increased frequencies, fertilization, pest control,
mulching and an overall higher level of service over the FDOT standard that was adopted in
junction with the beautification project. The reimbursement for the highway maintenance
activities covers and exceeds the actual costs for the highway maintenance portion. The
landscape maintenance component of the revenues from FDOT does not cover expenses.
Maintenance Agreement
Reimbursement
2004-2005
$49,174
Expense
$89,000
FUNDING:
The majority of the expenditures for maintaining S.R. 434 are charged to Public Works
Roads and Rights of Way Repair and Maintenance of Grounds line code (4410-54682) which
are already incorporated into the budget.
RECOMMENDATION:
It is recommended that approval of Resolution #2004-05 be granted authorizing the
City Manager to enter into a highway landscaping maintenance memorandum of agreement with
the FDOT for the Maintenance of State Road 434 from Talmo Street to S.R. 417.
IMPLEMENTA TION SCHEDULE:
The Maintenance Memorandum of Agreement will be effective March 15, 2004 with
two one year renev.'al options. Reimbursements from FDOT are on a quarterly basis.
ATTACHMENTS:
1. Resolution #2004-05
2. Maintenance M{:morandum of Agreement
COMMISSION ACTION:
Attachment NO.1
RESOLUTION NO. 2004-05
A R.ESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, FLOFUDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION; PROVIDING AN EFFIECTIVE 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 FDOT; 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 FOLLo.WS:
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 - Th(~ 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 III - This Resolution shall take effect immediately upon its passage and
approval.
Passed and adopted this
day of
,2004.
CITY OF WINTER SPRINGS, FLORIDA
ATTEST:
JOHN F. BUSH, MAYOR
CITY CLERK
Attachment No.2
CITY OF WINTER SPRINGS
AND
THE FLORIDA DEPARTMENT OF TRANSPORTATION
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT
Contract No.: AN122
TIllS Agreement, (:ntered into this _ day of , 2004 by and between the STATE
OF FLORIDA, DEPARTMENT OF TRANSPORTATION, 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 of the 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
WHEREAS, the CITY by Resolution 2004-05 dated the _ day of February,
2004, attached hen:to 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:
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. hurricane, tornadoes, etc.) or from
other normal occurrences such as vehicle accidents and spills. However, the DEPARTMENT shall
not deduct from the paymtmt 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 p'~rmitted 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 sov{:reign immunity.
4. If, at any time while the terms of this 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 of this
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 correct the cited d(:ficiency 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] 1 of this 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 F132765. 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 of the vendor's rights and the state's responsibilities under this section. The 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. The 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 tenns 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 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.
II. 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 make 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 tenns 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 DEPARTI\.1ENT. 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. Rem:wals shall be contingent
upon satisfactory performa.nce evaluations by the DEPARTMENT and subject to the availability of
funds. 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 DEPARTMENT'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
DEP ARTMENT 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,OOO 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 understanding 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.
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 a1i1liate 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 of the threshold amount provided in Section 287.017,
Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months following the date of
being placed on the convicted vendor list.
EXHIBIT "A"
RESOLUTION 2004-05
EXHIBIT "B"
THE ROAD.W A YS 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
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 E104-4-3 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
DOElS not include Handrail Fence
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
IN WITNESS WBlEREOF, the parties hereto have caused these presents to be executed the
day and year first above written.
CITY OF WINTER SPRlNGS
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTA nON
By:
(DATE)
By:
District Director of Operations (DATE)
District Five
Attest:
(SEAL)
(DATE)
Attest:
Executive Secretary
(SEAL)
APPROVED AS TO FORM AND LEGALITY
APPROVED AS TO FORM AND LEGALITY
I Legal Approval
(DATE)
District Counset
(DATE)
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 MA~NTENANCE 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 FDOT; 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" - 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 III - 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~I..~AyQR .~,--
. Revised December 11, 2003
CITY OF WINTER SPRINGS
AND
THE FLORIDA DEPARTMENT OF TRANSPORT A TlON
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT
Contract No.: AN122
THIS Agreement, entered into this _ day of
, 2004 by and between the
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, 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 of the 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
WHEREAS, the CITY, by Resolution _dated the _ day of ,20
, 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 FIN NO.: 244880-1-72-03 CONTRACT NO.: AN 122
Page I of II
. Revised December 11, 2003
1. The CITY shall be responsible for routine maintenance of all shoulders, landscaped
and/or turfed areas within DEP AR TMENT 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. hurricane, 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 of this Agreement are in effect, it shall come to the
attention of the DEPARTlVlENT's District Director of Operations, DistIict 5, that the CITY
responsibility as established herein or a part thereof is not being properly accomplished pursuant
to the terms of this 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,: ANI22
Page 2 of II
. Revised December 11, 2003
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 of this
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 I 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 II herein, payment shall
be prorated to the date temlination 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 of the vendor's rights and the state's responsibilities under this section. The
City of Winter Springs FIN NO.: 244880-1-72-03 CONTRACT NO.: ANI22
Page 3 of II
, Revised December 11, 2003
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.: ANI22
Page 4 of II
. Revised December 11, 2003
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 l19, 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 make 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 sanle 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,: ANI22
Page 5 of II
Revised December 11, 2003
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 DEPARTMENT'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.l35(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 DEP AR TMENT 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 (l) .
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.: ANI22
Page 6 of II
Revised December 11, 2003
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 of the threshold amount
provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-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.: ANI22
Page 7 of II
. Revised December 11, 2003
EXHIBIT" A"
RESOLUTION
City of Winter Springs FIN NO,: 244880-1-72-03 CONTRACT NO,: AN122
Page 8 of 11
i Revised December 11, 2003
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,: ANI22
Page 9 of II
. . . Revised December 11, 2003
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 LP.RGE MACHINE MOWING ACRES 97 $14.00 $1,358.00
485 E 104-4-3 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 THEE 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-? -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
Page 10 ofll
.. · Revi-sed December 11, 2003
',I
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
J.~~
(DATE)
By:
District Director of Operations . (DATE)
District Five
--J;('1~ (SEAL)
(DA TE)
Attest: (SEAL)
Executive Secretary
S TO 'FORM AND LEGALITY
APPROVED AS TO FORM AND LEGALITY
~/~/01
(pATE)
District Counsel
(DATE)
City of Winter Springs FIN NO,: 244880-1-72-03 CONTRACT NO.: ANI22
Page 11 of II
-.
, '
. ,
(P,-
_ v
Florida Department of Transportation
JEB BUSH
GOVERNOR
719 South Woodland Boulevard
Deland, FL 32720-6834
.JOSE ABREU
SECRETARY
Thursday, March 04, 2004
Ron McLemore
City Manager
City of Winter Springs
110 North Flamingo Avenue
Winter Springs, FI 32708
Reference: New MOA
Contract No.: AN122
FIN Project No.: 244880-1-72-03
Dear Mr. McLemore:
Attached, find a fully-executed, new MOA contract for the above referenced project.
The local DOT office in charge of this project, Metro North, will contact you to arrange a pre-
work conference prior to the begin date.
When you have questions, please call me at (386) 943-5283
~
Shirley Haas
District Operations Contracts
District Five
shirley .haas@dot.st.fl.us
386)943-5283
Moa.dist.Itr.sh
www.dot.state.fl.us
~ RECYCLED PAPER
.-
L~ .
R,evised December 11, 2003
CITY OF WINTER SPRINGS
AND
THE FLORIDA DEPARTMENT OF TRANSPORTATION
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT
Contract No.: AN122
THIS Agreement, entered into this L 1.1 f day of ~tVr.- ' , 2004 by and between the
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, a component agency of the
State of Florida, hereinaftl::r called the DEPARTMENT and the CITY OF WINTER SPRINGS
State of Florida, existing under the Laws of Florida, hereinafter called the c][TY
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 of the 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
WHEREAS, the CITY, by Resoluti~~C~-4t'dated the i!!::- day ~J.- ,200t
, 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 FIN NO.: 244880-1-72-03 CONTRACT NO.: ANI22
Page I of II
B-evised December 11, 2003
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. hurricane, 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 of this Agreement are in effect, it shall come to the
attention of the DEPARTJ\fENT'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 of this 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.: ANI22
Page 2 of 1 I
, .
r.evised December 11, 2003
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 l1 of this
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 terrnination occurs. Detailed quarterly invoices, as provided further
herein shall be sent to the Maintenance Contract Engineer of the Department at 2400 Camp
Road, Oviedo Fl 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 of the vendor's rights and the state's responsibilities under this section. The
City of Winter Springs FIN NO. 244880-1-72-03 CONTRACT NO.: ANl22
Page 3 of 11
R.evised December 11, 2003
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 of less 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 prob:lems in obtaining timely payment(s) from the Department. The
Vendor Ombudsman may be contacted at (850) 4l 0-9724 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 prop1er 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.: ANI22
Page 4 of I I
. ,
,Revised December 11, 2003
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 l19, 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 make 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 ofthe 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 DEP AR TMENT and subject to the availability of funds.
City of Winter Springs FIN NO,: 244880-1-72-03 CONTRACT NO.: AN 122
Page 5 of II
,Revised December 11, 2003
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 DEPARTMENT'S current Fiscal
Year that begins on July 1 of each year and ends on June 30 of each succeed.ing 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, condi.tions, or obligations other than those contain~d 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.: ANI22
Page 6 of II
. Revised December 11, 2003
16. This Agreement is nontransferable and nonassignable in whole or in part without
consent of the DEPARTMENT.
l7. 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 of the threshold amount
provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36)
months following the date of being placed on the convicted vendor list.
City of Winter Springs FINNO.: 244880-1-72-03 CONTRACT NO.: ANI22
Page 7 of II
. Revised December 11, 2003
EXHIBIT "A"
RESOLUTION
City of Winter Springs FIN NO,: 244880-1-72-03 CONTRACT NO.: AN 122
Page 8 of 11
OC~I'\I IITII'\IU .... ""IDeo .,nnA nl:
.........,""...'" 1'''''1' ...VlVlu&..n.. ~UU"t'-U.J
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, thf3 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 FOLLOVYS:
~.. ""
F WINi-E~,~S~RING~, FLORIDA
~"'.,.,
','
~\.> ,.,: :"':.
. ~. . . . ~
F. BUSH,~AY9R' .~
_ Revised December 11, 2003
EXHIBIT "B"
THE ROAD'" A YS INCLUDED IN THIS AGREEME:NT 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.: ANI22
Page 9 of II
_ Revised December 11, 2003
EXHIBIT "e"
...._-_.~~_.- -..-. ,_.~-_._- --- ,,_.___.' ~.._"._-..__ _. no..~.'. -"--'-"'-"- .._.,,~~.'- - - ~. ._..~ - --.- -. ----- ..._.. ---~_.....- '"" ..... . Exte-ndedl
Activitv Pay Item - !:stimated Unit
I No. No. 'DESGRI PTION Unit Quantity Price Amount. I
1. 1
I
i
I
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 U\RGE 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 THEE TRIMMING AND REMOVAL MH 250 $36,00 $9,000.00
493 E580-3-1 U\NDSCAPE 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.: ANI22
Page 10 of 11
i .
Revised December 11, 2003
'.-..................-........~.-.....'....'...............-..'.......................'....'.....,......'...'.........................;....T........-~..-..-......,-...................'...................................-....................'....-......'......................................-...'.....'.'.U..........'...............'...
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: .lgd'fv.J.'J/u:.~ _ (). d I.t-O-t
(DATE)
( .
~,::-._- :2~~AL)
. . (DATE)
(SEAL)
APPROVED AS TO FORM AND LEGALTI'Y
APPROVED AS TO FORM AND LEGALITY
Legal1\pproval (DATE)
....y""'..".N'.,."".,......^",...._......."'...../''''~".....^......,,^.,.....'..n..~^''V^-~....."_.y.~_..,.....,.......,../y..,.,......",,,~.............,....~~.............;..........,~...........--..."""'..,,,.....,.v...,_,,,.IYV.....................""""'-""^..,"JYAV...,~~;.y;.
City of Winter Springs FIN NO,: 244880-1-72-03 CONTRACT NO.: AN122
Page 11 of 11