585-DOT Highway Maintenance Agr ,!: :: · .....~: '.'!~
William A. Simmons II ,!,~ :...~
City Manager i~ ~_ . i! H ~
City of Sanford I. ~ .......~ "':;':': '::.~
......
P. O. Box 1788
Sanford, FL 32772-1788
January 16, 1998
.S..UBJ. IBC.T._REEIiI?,EBI.Cli:
Contract No: AD203 2nd Renewal
State Job No: 77906-9229/73
WPI No: 3612609
County: Seminole
City of Sanford
Amount: $11,483.84
Dear Mr. Simmons:
Enclosed is an executed copy of the renewal contract for the above referenced project.
The local DOT office in charge of this project will contact you to arrange a pre-work conference
prior to the renewal begin date.
If you have questions please call me at (904) 943-5283.
Shirley Haas
District Five Maintenance
Contracts/Beauti~cation Grants
,,--,. h. AD203r2. trs
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 375-O20-23
CONTRACT RENEWAL CONTRACTS ADMINISTRATION
OGC- 10/97
./"~,ontract No.: AD?03
State Job No(s).: 77906-97:29/73
WPINo(s).: 5612609
County(ies): Seminole
Renewal: (~ First ~ Second
This Agreement made and entered into this//J ~ ~bV JY~d¢>' , by and between the State of
Flodda Department of Transportation, hereinafter called "Department", and _the City of Sanford
of P.O. Box 1788; Sanford, FL 3777:;>-1788
hereinaffer called "Contractor.
WITNESSETH:
WHEREAS, the Department and the Contractor heretofore on December 18, 1995
entered into an Agreement whereby the Department retained the Contractor to pedorm
Maintenance of all paved,' landscaped, and/or turfted areas within FDOT RNV at various locations on SR46.
; 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 be..nefits to flow each
/ja,.the other, the parties agree to a renewal of said odginal Agreement dated December 18, 1995
· a peded of one year beginning the 16th dayof January , 1998 and ending the 15th
day of January , 1999 at an annual cost of $ 11,483.84 · specified herein.
All terms and conditions of said original Agreement shall remain in force and effect fo~ this renewal.
'-
IN WITNESS WHEREOF, the.parties have executed thisAgreement by their duly authorized officers on the day.
month, and year set forth above.
CITY of SANFORD .
.
l'~tl e: MAYOR
STATE OF .FLORIDA
Dis'~ct Secretar) or Designee
Title: District Director of Operations
L e g~~.
Fiscal:
Approval as to Availability of Funds
RECYCLEO PAPER
FLORIDA ""-' DEPARTMENT OF, TRANSPORTATION
ov~ ~ Contracts: 3-510 719 Soul Woodland Boulevard DcLand, Florida 32720
November 25, 1996
Robert G. Herman, Public Works Director
City of Sanford
P. O. Box 1788
Sanford, FL 32772-1788
S.LLB. Z[B.CT_.RBEBRF~C.t~;.
Contract No: AD203 1st Renewal
State lob No: 77906-9229/73
WPI No: 5612609
County: Seminole
Surety: N/A
Amount: $11,483.84
Gentlemen:
Enclosed is an executed copy of the renewal contract for the above referenced project;
The local DOT office in charge of this project will contact you to arrange a pre-work conference
.prior to the renewal begin date.
If you have any questions please call me at (904) 943-5283.
Si_nc_erely,
Shirley Haas
District Five Maintenance
Contracts/Beautification Grants
RQC: h. AD203. renl. frm
RECYCLED PAPERS
r
STATE OF FLORIDA DEP. AR~ OF TRANSPORTATION
MAINTENANCE CONTRACT RENEWAL
~OPJvi 37.~O20-23
M~mJNTENANCE
0GC- 11/~S
Contract No.: AF}203
/"~'tate lob No(s).: 77906-9229/73
qqPI No(s).: 5612609
County(ies): Seminole
Renewal: First ~ Second I'1
, This Agreement made and entered into this / (~ ~/'' day of "~-v-- ~ , 19
Florida Department of Transpoxtation, herelnafter called "Department', and City of Sanford
of P. O. Box 1788 Sanford. FI. 32772-1788
hereinafter called "Contractor*.
, by and between the State of
WHEREAS, the Department and the Contractor heretofore on December 18, 1995
entered into an Agreement whereby the Depamnent retained the Contractor to perform
MOA with the City of Sanford
WHEREAS, said Agreement has a renewal option which provides for a renewal ff mutually agreed to by both parties and
subject to the same tom and conditions of the original Agreement;
NOW, THEREFORE, this Agreement withesseth 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 December 18. 1995
foraperiodofonoyearboginningtho 16th dayof Ynnuary , 19 97 and ending the 15th
dayof Ysnuary , 1995 at an annual cost of $ $11.483.84 specifiedherein.
All terms and conditions of said original Agreement shall remain in force and effect for this renewal.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month, and
year set forth above.
City of Sanford
Name of Contractor
Autho d siglm
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: ~ ~~/~
R. A. Lavetie, District Director - Operations
Title:
Williemi.A..Sinn~ns,-CityManager
Title:
Legal:
Approval as to Form and Legality
Fiscal:
Approval as to Availability of Funds
RECYCLED PAPE$
'FLORID DEPARTMENT OF TRANSPORTATION
December 21, 1995
Robert G. Herman, Public Works Director
City of Sanford
P. O. Box 1788
Sanford, FL 32772-1788
SUBJECT REFERENCE:
Contract No: AD203
State Job No: 77906-9229/73
WPI No: 5612609
County: Seminole
Surety: N/A
Amount: $11,483.84
Dear Mr. Herman:
Enclosed is an executed copy of the contract for the above referenced project.
The local DOT office in charge of this project will contact you to arrange a pre-work
conference prior to the renewal begin date.
If you have any questions please call John Dover at (904) 943-5285.
Sincerely,
R C w 1 · Q. ogs el
District Five Maintenance
Contracts Engineer
?--, RQC:h. AD203.moal.trs
RECYCI,EI) PAPER
CITY OF SANFORD AND DEPARTMENT OF TRANSPORTATION
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT
State Project, District Contract Job No.
WPA Item No.:
Contract No.:
THIS AGREEMENT, entered into this/J~ day of ~,{., , 1995,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
component agency of the State of Florida, hereinafter called the
DEPARTMENT and the CITY OF SANFORD, a political subdivision of the
State of Florida, existing under the laws of Florida, hereinafter
called the CITY.
5~
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; 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 designation and setting forth the
responsibilities of each party; and ~
(AS, thT CITY, be resolution dated the day of
~i~ 19~,attached hereto as Attachment "A", which by
reference hereto shall become a part thereof, 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:
The CITY shall be responsible for routine maintenance of
all ,paved, landscaped and/or turfed areas within
DEPArTmENT rights-of-way having limits described by item
20, 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 item 21.
The CITY shall be responsible for clean-up, removal and
disposal of all debris from the DEPARTMENT'S rights~of-
way (described by item 20, 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 of the CITY, co'Sts for impairment of
performance of any activitM or pa~t thereof defined in
item 21, as a result of such event and the redirection of
CITY forces towards fulfillment of the CITY'S.
responsibility under this article.
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 .the
contract, 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
sole negligence of the DEPARTMENT or any of its officers,
agents or employees.
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
Five (5), that the CITY'S 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 Five (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
thirty (30) Calendar days within which to correct 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, median strips 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
p~yment to the .CITY or
(b) Terminate this Agreement in accordance with item 12
of this Agreement.
It is understood between the parties hereto that the
landscaping covered by this Agreement may be removed,
relocated or adjusted at any time in the future 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.
The DEPARTMENT agrees to pay the CITY quarterly (each
three month period following a notice to proceed)
compensation for the cost of maintenance as described
under item 1 of this Agreement. The pay will be in the
amount of $2,870.96 per quarter for a total sum of
$11,483.84 per year. In the event this Agreement is
terminated as established by item 12 herein, payment will
be prorated to the date of termination occurs.
Payment shall be made only after receipt. of goods and
services as provided in section 215.42, Florida Statutes.
8. ' Any penalty for delay in payment shall be in accordance
with section 215.422(3)(b) , Florida Statutes. Effective
May 28, 1991, section 215.422(5), Florida Statutes was
amended as follows:
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
Banking and Finance.
(a) The following language, required. by section
215.422 (5) Florida Statutes, is hereby incorporated
into this contractual Agreement executed by the
parties and shall be considered a part thereof: "The
CITY should be aware of the following time frames.
Upon receipt, the DEPARTMENT has five (5) working
days to inspect and approve the goods.' and services,
unless the Agreement specifies otherwise. The
' D&partment has twenty (20) days to deliver a request
of payment (voucher ~o the Department of 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.
~(b) I.f payment is not available within forty (40) days,
10.
invoice amount, to the CITY. Interest penalties of
less than one ($1.00) dollar will 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.
(c) A vendor Ombudsman has been established within the
Department of Banking and Finance. The duties of
this individual include action 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 (904)488-
2924 or by calling the State Comptroller's Hotline,
1-800-848-3792.
Bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for
proper preaudit and postaudit thereof, and that bills for
travel expenses specifically authorized by this Agreement
shall be submitted and paid in accordance with the rates
specified in section 112.061, Florida Statutes.
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. Records of work accomplished under this agreement
shall be maintained in a written log and submitted to the
FDOT project manager on a monthly basis. Copies of these
documents and records shall' be furnished to the
DEPARTMENT upon request. .Records of costs incurred
includes the CITY'S general accounting records, together
with supporting documents and records, of the CITY and
all subcontractorS considered necessary by the DEPARTMENT
for a proper audit of costs.
The CITY shall allow public access to all documents,
pape~sl letters, or other material subject to the
provisions of chapter 119~ Florida Statutes, and made or
receiv~dbythe 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.
12. This Agreement or any 'part thereof is subject to
termination under any one of the following conditions:
(a) In the event the DEPARTMENT exercises the option
identified by item 4 of this agreement
(b) As mutually agreed to by both parties with a thirty
(30) day written notice
(c) In the event the Legislature fails to make. an annual
appropriation to pay for the CITY'S services to be
performed hereunder.
13.
The term of' this Agreement commences on the date a
written notice to proceed is issued to the City Manager
by the DEPARTMENT'S District Maintenance Engineer,
District Five (5), and shall continue for a period of one
year, 365 calendar days, from the date of issue of said
notice to proceed.
This Agreement has a renewal option. Renewals shall be
on an annual basis not ~o exceed two yearly renewals
periods subject to the same prices and associated
quantities as well as all other terms and conditions set
forth in this Agreement.
Renewals shall be made' at the discretion and option of
the DEPARTMENT and agreed to in writing by both parties;
i.e.. the City Manager 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.
The terms 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 the renewal of this Agreement.
14.
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 DEPARTMENTmutually agree that the
State of Florida's performance and obligation to pay
under . this contract is contingent upon an annual
appropriation by the Legislature.
Flor~d~ Statutes 334.21(8)(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 shall be null and void, and
no money shall be paid thereon. The DEPARTMENT shall
15.
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 a period exceeding one (1) year, but any
contract so made shall be executory only for the
succeeding fiscal years; and this paragraph shall be
incorporated verbatim in all contracts of the DEPARTMENT
in excess of $25,000.00 and having a term for a period of
more than one (1) year.
The CITY may construct additional landscaping within the
limits of the rights-of-way identified as a result of
this document, subject to the following conditions:
(a) Plans for a new landscaping shall be subject to
approval by the DEPARTMENT The CITY shall not
change or deviate from said plans without written
approval by the DEPARTMENT.
(b) All landscaping shall be developed and implemented
in accordance with appropriate DEPARTMENT safety and
road design standards;
(c) All requirements and terms established by this
Agreement shall also apply to any. additional
landscaping installed under this item;
(d) The CITY agrees to complete, execute and comply with
the requirements .of the DEPARTMENT'S standard
permit;
(e) No change will be made in the payment terms
established under item 6 of this Agreement due to
any increase or decrease in cost to the CITY
resulting from the installation and maintenance of
landscaping added under this term;
(f) In the event this Agreement is terminated as
established under item 12 herein, the CITY agrees to
accept full responsibilit~ for all maintenance
described in this section at no additional cost to
the DEPARTMENT.
All work done on the DEPARTMENT rights-of-way shall be
acco~pIished in accordance with the FLORIDA DEPARTMENT OF
TRANSPORTATION ROADWAY AND TRAFFIC DESIGN STANDARDS,
current edition, index '600 series, and applicable
revisions thereto.
This writing embodies the entire Agreement and
understanding between the parties hereto and there are no
other Agreements and understanding, oral or written, with
reference to the subject matter hereof that are not
merged herein and superseded hereby..
18. This Agreement is non transferable and non-assignable in
whole or in part without consent of the DEPARTMENT.
19.
This Agreement, regardless of where executed, shall be
governed by and construed according to the laws of the
State of Florida.'
20. The roadways included in this Agreement are:
STATE ROAD FROM T__O MILES
S.R. 46 W I-4 & SR 46 17-92 & SR 46 4.004
TOTAL 16.016
The total lane miles for this contract is 16.016 lane miles
21.
The routine maintenance activities to be included under
this Agreement are as follows:
432
433
435
436
437
451
454
459
461
471
484
485
487
489
490
492
493
541
542
543
545
Spot Repair Shoulder ~ Manual
Sodding
Seeding, Fertilizing and Mulching
Rework Shoulder - Slope
Misc. Slope/Ditch
Clean Storm Drain
Clean Drainage Structures - Manual
Concrete Sidewalk Repair
Roadside Ditch'- Clean
Large Machine Mowing
Intermediate Machine Mowing
Small Machine Mowing
Weed Control - Manual
Wildflowers
Fertilization
Tree Trimming and Removal
Landscape Area Maintenance
Litter Pickup and Removal
Roadside.Sweeping
Roadside Sweeping - Mechanical
Edging and Sweeping
These activities shall be performed in accordance with the
DEPARTMENT'S performance standards.
IN WITNESS WHEREOF the parties hereto have caused these present to
be executed the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
District Director of Operations
District Five (5)
Appro~~~:
District ~ Counsel
CITY OF SANFORD
Approved as to Form and Legality:
City Attorney
RHSOLLmON No./'7 /
AN RESOLUTION OF THE CITY OF SANFORD, FLORIDA, AUTHORIZING THE
EXECUTION OF A HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE
MAINTENANCE OF THE WEST FIRST STREET, (S.R. 46), RIGHT OF WAY AND
ROADWAY; PROVIDING FOR CONFLICTS, SEVERABRXI1r, AND EFFECIIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
WHEREAS, the Florida Department of Transportation, (Department), and the City
of Sanford, (City), desire to improve the appearance and maintenance level of roadways,
roadsides, and medians on West First Street, (State Route 46), and
WHEREAS, the City intends to attractively maintain said right of way; and
,
WHEREAS, both parties ~recognize the need for entering into an agreement
designating the responsibilities of each party; and
WHE~, the Department and the City recognize such agreement is represented
by the memorandum of agreement attached hereto.
NOW, THEREFORK 'for and in consideration of the mutual benefit to both parties,
the City of Sanford Commission authorizes the City Manager to execute such memorandum
of agreement.
SEVERABILITY. In the event that any word, phrase, clause, sentence or paragraph
hereof shall be held invalid by any court of competent jurisdic. tion, such holding shall not
affect any other.word, clause, phrase, sentence or paragraph hereof.
EFFECTIVE DATE. That this Resolution shall become, upon passage and adoption,
effective on or after October 31, 1995.
PASSED AND ADOPTED this ~ day of ~
· A.D. 1995.
As the City Commission Of the City of
Sanford, Florida