Contract BD047, FM 203389-1-72-02Contract No.: OD -
FM No: 20338917202
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
MAINTENANCE AGREEMENT
This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the
"DEPARTMENT", and CITY OF OKEECHOBEE
hereinafter referred to as the "AGENCY".
WITNESSETH
WHEREAS, the AGENCY has the authority to enter into said Agreement and to undertake
the project hereinafter described, and the DEPARTMENT has been granted the authority to
function adequately in all areas of appropriate jurisdiction and is authorized under Section 334.044
F. S. to enter into this Agreement; and
WHEREAS, the AGENCY by Resolution No. 01 - 5 dated the 1 s t day of
Ma y , 2001, a copy of which is attached hereto and made a part hereof, has authorized its
officers to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein, the parties agree as follows:
1-SERVICES AND PERFORMANCE
A. The DEPARTMENT does hereby retain the AGENCY to furnish certain services as
described in EXHIBIT A, attached hereto and made a part hereof.
B. Before any additions or deletions to the work described in EXHIBIT A, and before
undertaking any changes or revisions to such work, the parties shall enter into a Supplemental
Agreement covering such modifications and the compensation to be paid therefore. Performance
of any such services prior to the execution of a Supplemental Agreement will result in nonpayment
of those services. Reference herein to this Agreement shall be considered to include any
supplemental thereto.
C. The DEPARTMENT will be entitled at all times to be advised, at its request, as to
the status of work being done by the AGENCY and of the details thereof. Coordination shall be
maintained by the AGENCY with representatives of the DEPARTMENT.
D. All services shall be performed by the AGENCY to the satisfaction of the Director
who shall decide all questions, difficulties and disputes of any nature whatsoever that may arise
under or by reason of this Agreement. The Director's decision upon all claims, questions and
disputes shall be final and binding upon all parties. Adjustments of compensation and contract
time because of any major changes in the work that may become necessary or desirable shall be
left to the absolute discretion of the Director.
Reference herein to Director shall mean the DEPARTMENT's District Secretary for
District One.
2 -TERM
A. This Agreement has a term of three (3) years, which term shall begin immediately
following the execution of this Agreement by the DEPARTMENT.
B. The services to be rendered by t
execution of this Agreement, upon written
and shall continue until its expiration date
-AGENCY shall -con= ' ce subsequent to the
Lice from the DEPARTMEN . Project Manager,
, b,/ 3/ 2 o o 5/ , nless terminated in
accordance with paragraph 6 of this Agreem- nt.
3- COMPENSATION AND PAYMENT
A. The DEPARTMENT agrees to pay the AGENCY for the herein described services
at a compensation as detailed in EXHIBIT A attached hereto and made a part hereof. The
DEPARTMENT shall have the right to retain out of any payment due the AGENCY under this
Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by
the AGENCY on any other Agreement between the AGENCY and the DEPARTMENT.
B. Payment shall be made only after receipt and approval of goods and services unless
advance payments are authorized by the State Comptroller under Section 215.422(14), Florida
Statutes.
C. If this contract involves units of deliverables, then such units must be received and
accepted in writing by the Contract Manager prior to payments.
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D. Any penalty for delay in payment shall be in accordance with Section
215.422(3)(b), Florida Statutes.
E. Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
F. Bills for travel expenses specifically authorized by this Agreement shall be
submitted and paid in accordance with Section 112.061, Florida Statutes.
G. AGENCY providing goods and services to the DEPARTMENT 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
DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of
Banking and Finance. The 20 days are measured from the latter of the date the invoice is received
or the goods or services are received, inspected and approved.
H. If a payment is not available within 40 days, a separate interest penalty in
accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to
the invoice amount, to the AGENCY. Interest penalties of less than one (1) dollar will not be
enforced unless the AGENCY requests payment. Invoices which have to be returned to an
AGENCY because of AGENCY 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.
I. A Vendor Ombudsman has been established within the Department of Banking and
Finance. The duties of this individual include acting as a advocate for contractors /vendors who
may be experiencing problems in obtaining timely payments(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 410 -9724 or by calling the State Comptroller's Hotline, 1-
800- 848 -3792.
J. 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
includes the AGENCY's general accounting records and the project records, together with
supporting documents and records of the AGENCY and all subcontractors performing work on the
project, and all other records of the AGENCY and subcontractors considered necessary by the
DEPARTMENT for a proper audit of costs.
K. 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
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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 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. Accordingly, the State of
Florida's performance and obligation to pay under this Contract is contingent upon an annual
appropriation by the Legislature.
L. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, Florida
Statutes, for Category Two for a period of 36 months from the date of being placed on the
convicted vendor list.
4- INDEMNITY AND INSURANCE
A. INDEMNITY. AGENCY agrees, to the extent allowed by Section 768.28 F. S.,
that it will indemnify, defend, and hold harmless DEPARTMENT and all of DEPARTMENT's
officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out
of any acts, actions, neglect or omission by AGENCY, its agents, employees, or subcontractors
during the performance of the contract, whether direct or indirect, and whether to any person or
property to which DEPARTMENT or said parties may be subject, except that neither AGENCY
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 DEPARTMENT
or any of its officers, agents, or employees.
B. LIABILITY INSURANCE. The AGENCY shall carry and keep in force during the
period of this Agreement a general liability insurance policy or policies with a company or
companies authorized to do business in Florida, affording public liability insurance with combined
bodily injury limits of at least $100,000 per person and $300,000 each occurrence, and property
damage insurance of at least $100,000 each occurrence, for the services to be rendered in
accordance with this Agreement.
C. WORKER'S COMPENSATION. The AGENCY shall also carry and keep in force
Worker's Compensation insurance as required for the State of Florida under the Worker's
Compensation Law.
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5-COMPLIANCE WITH LAWS
A. The AGENCY shall allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
AGENCY in conjunction with this Agreement. Failure by the AGENCY to grant such public
access shall be grounds for immediate unilateral cancellation of this Agreement by the
DEPARTMENT.
B. The AGENCY shall comply with all federal, state and local laws and ordinances
applicable to the work or payment for work thereof, and shall not discriminate on the grounds of
race, color, religion, sex or national origin in the performance of work under this Contract.
6-TERMINATION AND DEFAULT
A. This Contract may be canceled by the DEPARTMENT in whole or in part at any
time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also
reserves the right to seek termination or cancellation of this Agreement in the event the AGENCY
shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further
reserves the right to terminate or cancel this Agreement in the event an assignment be made for the
benefit of creditors. This Contract may be canceled by the AGENCY upon (60) days written
notice to the DEPARTMENT.
B. If the DEPARTMENT determines that the performance of the AGENCY is not
satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the
Agreement, or (b) notifying the AGENCY of the deficiency with a requirement that the deficiency
be corrected within a specified time, otherwise the Agreement will be terminated at the end of such
time, or (c) take whatever action is deemed appropriate by the DEPARTMENT.
C. If the DEPARTMENT requires termination of the Agreement for reasons other than
unsatisfactory performance of the AGENCY, the DEPARTMENT shall notify the AGENCY of
such termination, with instructions to the effective date of teimination or specify the stage of work
at which the Agreement is to be terminated.
D. If the Agreement is terminated before performance is completed, the AGENCY
shall be paid only for that work satisfactorily performed for which costs can be substantiated.
Such payment, however, may not exceed an amount which is the same percentage of the contract
price as the amount of work satisfactorily completed is a percentage of the total work called for by
this Agreement. All work in progress will become the property of the DEPARTMENT and will
be turned over promptly by the AGENCY.
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7-MISCELLANEOUS
A. The AGENCY and the DEPARTMENT agree that the AGENCY, its employees,
and subcontractors are not agents of the DEPARTMENT as a result of this Contract for purposes
other than those set out in Section 337.274, Florida Statutes.
B. All words used herein in the singular form shall extend to and include the plural.
All words used in the plural form shall extend to and include the singular. All words used in any
gender shall extend to and include all genders.
C. This Agreement embodies the whole agreement of the parties. There are no
promises, terms, conditions, or obligations other than those contained herein, and this Contract
shall supersede all previous communications, representations, or agreements, either verbal or
written, between the parties hereto.
D. It is understood and agreed by the parties hereto that if any part, term or provision
of this Contract is by the courts held to be illegal or in conflict with any law of the State of
Florida, the validity of the remaining portions or provisions shall not be affected, and the rights
and obligations of the parties shall be construed and enforced as if the Contract did not contain the
particular part, term or provision held to be invalid.
E. This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida.
F. Attachments.
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IN WITNESS WHEREOF, the AGENCY has caused this Agreement to be executed in its
behalf this 1 s t day of Ma y , 2001, by the Mayor , authorized to
enter into and execute same by Resolution Number 01-5 dated Ma y 1, 2001 ,
and the DEPARTMENT has executed this Agreement through its District Secretary for District
One, Florida Department of Transportation, this/57Tlay of —Jed AJe" ,
AGENCY
ATTEST:
NAME: Bonnie S. Thomas, CMC
BY:
NAME: James E. Kirk
TITLE: City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:j
ATTEST.
NAME:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
(SEAL) BY:
VE S CRETARY DIST T SECRE
DISTRICT ONE
DOT District Maintenance Engineer
Approv :
I1:\USERSLG
DOT Legal Review:
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John R. Cook
City Attorney
Availability of Funds
Approval:
Date
EXHIBIT "A"
TERM
The services to be rendered by the Agency shall commence, subsequent to the execution of
this Agreement, upon written notice from the Department's Project Manager ("Notice") and shall
continue for three years from the date of said Notice. Said Notice to become Attachment 1 to this
Exhibit.
2 COMPENSATION
The Department agrees to pay the Agency for services rendered in accordance with this
Agreement. A lump sum payment will be made in the amount of Seven Thousand Two Hundred
Twenty Dollars and 07/100 ($ 7,220.07 ) per quarter for a total of Twenty Eight
Thousand Eight Hundred Eighty Dollars and 28/100 ($ 28,880.28 ) per year.
3 - LOCATION AND DESCRIPTION OF MAINTENANCE ACTIVITIES TO BE
PERFORMED.
"SEE ATTACHMENT A"
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LOCATION #1
DESCRIPTION AND LOCATION
MAINTENANCE ACTIVITIES
MEMORANDUM OF AGREEMENT
FOR THE CITY OF OKEECHOBEE
Section 91070, State Road 70
Within the corporate limits of the City of Okeechobee
M.P. 8.580 - M.P. 10.345
(KM 13.805 - KM 16.645)
Mechanical - Roadway Sweeping (curb and gutter sections only)
3.500 mi. X $24.80 /mi. _ $296.80 x 12 cycles = $3,561.60
Edging and Sweeping of curbs
1.326 mi. X $318.00/mi = $421.67 x 12 cycles = $5,060.04
Mowing of Medians (Intermediate Machine)
0.872 ac. X $63.60 /ac. = $55.46 x 12 cycles = $665.52
Litter Removal from Medians
0.872 ac. X $25.00/ac. = $21.80 x 12 cycles = $261.60
Section 01070, State Road 70
Okeechobee County Section
S.E. 13th Avenue to N.E. 17th Avenue
M.P. 10.345 - M.P. 10.599
(KM 16.645 - KM 17.054)
Roadway Sweeping (Curb and Gutter Section only)
1.004 mi. X $84.80 /mi = $85.14 x 12 cycles = $1,021.68
ANNUAL TOTAL = $10.570.44
QUARTERLY TOTAL = $2,642.61
LOCATION #2
Section 91020, State Road 15(US 441)
Within the corporate limits of the City of Okeechobee
From S.W. 23rd Street to N.W. 8th Street
M.P. 1.626 to M.P. 4.131
(KM 2.616 - KM 6.646)
Mechanical - Roadway Sweeping (curb and gutter section only)
6.317 mi. X $84.80 /mi. = $535.68 x 12 cycles = $6,428.16
Edging and Sweeping of Curbs
1.292 mi. X $318.00. = $410.86 x 12 cycles = $4,930.32
Page 2 of 2
continued
Mowing of Medians (Intermediate Machine)
3.327 ac. X $63.70/ac. = $211.60 x 12 cycles = $2,539.20
Litter Removal from Medians
3.327 ac. X $25.00/ac. _ $83.18 x 12 cycles = $998.16
Section 91020, State Road 15(US 441)
Okeechobee County Section
S.W. 23rd Street to SR 78
M.P. 0.000 to 1.626 (KM 2.616)
Roadway Sweeping (Curb and Gutter Section Only)
3.355 mi. X $84.80/mi. = $284.50 x 12 cycles = $3,414.00
Annual TOTAL = $18,309.84
QUARTERLY TOTAL = $4,577.46