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HomeMy WebLinkAboutVII (D) Approval and Authorization for Mayor and City Clerk to Execute Contractual Services Agreement with Florida Department of Transportation for Bluford Avenue Drainage Improvements Agenda 11-21-2000 Item VII D -CENTER OF GOOD TIDING-JRII)71 OF WEST ORANGE" :•CUMMISSWM1Lll Ocoee S.SCOT r VANDERGR IFI 0 ., o CITY OF OCOEE C° °SSIONIRS DANNY 11OWEI I ® p 150 N. LAKLSHORF DRIVE SCO'1T ANDERSON O OCOEE,FLORIDA 3476 1 325 8 RUSTY JOHNSON �.^,�. 74o (407)905-3100 NANCY I.1 PARKER ��4 Op Go00 N� Cm MANAGYR '.I.I.IS SI IAPIRO MEMORANDUM DATE: November 14, 2000 TO: The Honorable Mayor and Board of City Commissioners FROM: David A. Wheeler, P.Ep604✓ Assistant City Engineer/Utilities Director SUBJECT: Contractual Services Agreement between Florida Department of Transportation and City of Ocoee for Bluford Avenue Drainage Improvements The Bluford Avenue Drainage Improvements Project is part of the Wurst Road, A.D. Mims Road, Area Improvement Projects and Bluford Avenue Drainage Improvements Project. The overall project was awarded to Perri Builders, Inc. on September 19, 2000. The Bluford Avenue Drainage Improvements are described as follows: Bl .rord Avenue Drainage Improvements: In 1988, FDOT installed turn lanes at the intersection of Bluford Avenue and Silver Star Read. Also included in that project were two curb inlets and the interconnecting piping at Lakeview Sleet. The original design had the pipeline that crossed Bluford Avenue missing the stormwater pipeline that drained the intersection south to the culvert. When the FDOT project was constructed, the cross pipe at Lakeview did not miss the City's pipeline and the contractor cut the City's pip line. The stormwater pipeline that drains the intersection has been cut and plugged since 1988/89. This improvement project will have a stormwater box installed at the crossing of the two pipes and rebuild the road in the disturbed area. The pipes cross approximately in the middle of the road, therefore traffic detouring will be required. The problems with the work performed by FDOT were pointed out to them last year upon .investigation of the continual flooding of the intersection of Bluford Avenue and Silver Star Road. At that time, FDOT offered to fund the project up to $15,000, the estimated cost to install the stormwater structure. The construction cost to perform the POWWt Rrntect Ornee`;NYAtei Resnurree installation, pavement repair and traffic control based upon Perri Builders, Inc. bid price was $37,832.00. Staff contacted FDOT with the actual bid cost and requested that FDOT consider increasing their funding for this project. The attached Contractual Services Agreement is for a not to exceed amount of $37,832.00. There is a question as to the amount of pavement repair required, staff and the consultant overestimated the quantity to ensure we were covered if FDOT required full width road repair and a mathematics error was made that caused a further overage. Therefore, the pavement repair costs will be significantly reduced, but FDOT has held the total cost at this time in case of any unforeseen problems once the road is excavated. According to the standard agreement, FDOT requires that the work cannot be started prior to the execution of the agreement, shall be completely finished prior to invoicing, and that the work must be accomplished this fiscal year. Staff does not foresee any problems with these requirements. This portion of the overall project is scheduled last in the work tasks, the City has reserves in the Stormwater Loan Fund to front the money, and the overall project has to be completed by March 24, 2001. Action Items: I recommend that the City Commission authorize the Mayor and City Clerk to execute the Contractual Services Agreement with the Florida Department of Transportation in the not to exceed amount of$37,832.00 for the Bluford Avenue Drainage Improvements Project, which is a portion of the Wurst Road, A.D. Mims Road, Area Improvement Projects and Bluford Avenue Drainage Improvements Project. DAW/jbw Attachments POirfr PrcacrOwee s Wag Resmnrer STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-0449 CONTRACTUAL SERVICES AGREEMENT CONTRACTUAL SERVICES GGC-07/S9 STATE OF FLORIDA GOVERNMENTAL AGENCIES Par 1 of Contract No.: BC848 Financial Project I.D.:243864-3-72-01 Journal Trans./FEID#: F596019764002 Benefiting Object Code: Benefiting Category: Procurement No.: EXEMPT D.M.S. Catalog Class No.: 991-395 BY THIS AGREEMENT, made and entered into this day of 2000 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the "Department" and THE CITY OF OCOEE of 150 NORTH LAKESHORE DRIVE OCOEE FLORIDA 34761 an agency or educational unit as defined in Chapter 120, Florida Statutes, hereinafter called"Contractor,"hereby agree as follows: 1. SERVICE A. In connection with installing function box to reconnect severed storm sewer pipe within Bluford Avenue ,the Department does hereby retain the contractor to furnish certain services, information and items as described in Exhibits"A and B", attached hereto and made a part hereof. 2. TERM A. Initial Term. This contract shall begin on date of execution and shall terminate on Services shall commence upon written "Notice to Proceed" and completed by September 30 2001 or date of termination whichever occurs first. B. RENEWALS(Select appropriate box): IX] This Contract may not be renewed. [ ] This Contract may be renewed on a yearly basis for a period of up to two years after the initial contract or for a period no longer than the term of the original contract, whichever period is longer. Renewals shall be contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds. Any renewal or extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. 3. COMPENSATION AND PAYMENT A. The Department agrees to pay the Contractor for the herein described services at a compensation as detailed in this agreement. 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. D. Any penalty for delay in payment shall be in accordance with Section 215 422, Florida Statutes. E. The bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. F. The bills for travel expenses when authorized by terms of this agreement and by the Department's Project Manager, shall be submitted and paid in accordance with Section 112.061, Florida Statutes and Chapter 3-Travel, Departments Disbursement Operations Manual,350-030-400. G. A Vendor Ombudsman has been established within the Department of Banking and Finance.The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s)from a state agency.The Vendor Ombudsman may be contacted at(850) 108-9724 or by calling the State Comptrollers Hotline, 1-800-848-3792. RECYCLED PAPER® 375-040-17 CONTRACTUAL SERVICESES °Page$of4 H. 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 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 Agreement is contingent upon an annual appropriation by the Legislature. 4. INDEMNITY A. To the extent permitted by Florida Law,the Contractor indemnifies,saves,and holds harmless the Department, and any and all claims,demands,actions,or causes of actions of whatsoever nature or character, arising out of or by reason of the execution or performance of the work provided for herein. It is understood and agreed that the Contractor is not required to indemnify the Department for claims, demands,or liability arising out of the Department's negligence.The parties agree that 1% of the total compensation to the Contractor for performance of this Agreement is the specific consideration from the Department to the Contractor for the Contractor's indemnity agreement. 5. COMPLIANCE WITH LAWS A. The Contractor 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 Contractor in conjunction with this Agreement. Failure by the Contractor to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. However,upon receipt of any such public records request, the Contractor shall immediately notify the Department's Contract Manager before releasing such records. B. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. C. The department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this 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 Contractor 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 Contractor only by mutual consent of both parties. B. If the Department determines that the performance of the Contractor is not satisfactory,the Department shall have the option of(a)immediately terminating the Agreement, or(b)notifying the Contractor 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. RLCICLED PAPER® 3Ts wo-n CONTRACTUAL SERVICES a9 oEg Pap f4 C. If the Department requires termination of the Agreement for reasons other than unsatisfactory performance of the Contractor, the Department shall notify the Contractor of such termination,with instructions as to the effective date of termination 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 Contractor 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 Contractor. 7. ASSIGNMENT AND SUBCONTRACTS A. The Contractor shall not sublet, assign or transfer any work under this Agreement without the prior written consent of the Department. B. Select the appropriate box: (X] The following provision is not applicable to this Agreement. [ ] The following provision is hereby incorporated in and made a part of this Agreement: It is expressly understood and agreed that any articles which are the subject of, or required to carry out this Contract(Agreement)shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the procedures set forth in Section 946.515(2),(4), Florida Statutes; and for purposes of this Contract(Agreement)the person,firm, or other business entity (Contractor)carrying out the provisions of this Contract(Agreement)shall be deemed to be substituted for this Agency(Department) insofar as dealings with such corporation. The "corporation identified' is Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Available pricing, products, and delivery schedules may be obtained by contacting: PRIDE of Florida (Attn: Bid Administrator) 2720 Blair Stone Road, Suite G Tallahassee, Florida 32301 Telephone: (850)487-3774 [ ] This Contract involves the expenditure of Federal funds and hence, Section 946.515, as noted above, does not apply. However,Appendix I is applicable to all parties and is hereof made a part of this Agreement. 8. MISCELLANEOUS A. 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. B. 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. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. RECYCLED PAPER® 375La0.V CONTRACTUAL SERVICES 0GC 0➢99 Page a Ma 9. ATTACHMENTS: Exhibit"A", Scope of Services Exhibit"B",Approved Construction Plans Exhibit"C", Method of Compensation IN WITNESS WHEREOF,the parties have executed this Agreement by their duly authorized officers on the day, month and year set forth above. STATE OF FLORIDA CI OF OCOEE DEPARTMENT OF TRANSPORTATION Name • Agency J' BY: BY: Author :ed Signature 9_ GEORGE M. GILHOOLEY P.E. Print/fype) (Print/Type) S Title: Title: DIRECTOR OF OPERATIONS S. 4 REVIEWED BY: ., C S Agency's General Counsel Office FOR DEPARTMENT USE ONLY APPROVED: LEGAL REVIEW: Kew(LW RAPER® CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor Date Attest: Jean Grafton, City Clerk FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY CITY OF OCOEE, APPROVED AS TO FORM COMMISSION IN A MEETING HELD ON AND LEGALITY THIS DAY OF 2000 UNDER , 2000. AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney Exhibit "C" Method of Compensation 1.0 PURPOSE'. This Exhibit defines the limits and method of compensation to be made to the Contractor for services set forth in Exhibits "A" and "B" and the method by which payments shall be made. 2.0 COMPENSATION This contract has a limiting amount. For the satisfactory performance of the services detailed in Exhibits "A" and `B", the Contractor shall be paid a Lump Sum Amount of up to $37,832.00 3.0 PROGRESS PAYMENTS: The Contractor shall submit one invoice (3 copies) in a format acceptable to the Department. Payment shall be made to the Contractor upon completion of all services, as approved by the Department. 4.0 DETAILS OF COST: Details of cost for the performance of the Contractor's services are attached hereto and made a part hereof 5.0 TANGIBLE PERSONAL PROPERTY: This contract does not involve the purchase of Tangible Personal Property, as defined in Section 273.02, F.S. WURST RD,AD MIMS RD,RESURFACING AND BLUFORD AV DRAINAGE uw lAtfl EST I BIDDER DDER NAME JOIIES BROTHERS BIDDER NAME PERRI BUILDERS BIDDER NAME. PAVE 't_ ITEM OII UA 1NIT UnUnitPrice EdM eea Total Limit Price EsTended Tout Unit Puce Emended Tobl a. AJi n..3.LC6. CG 9Cc 5 Y` SY".^^ P^^F`^ ;c0o0 Rrnro e • C.,. T T n<P"^.LY cuorr rr Cr''o^r .v ox p% • --P weteelog —Dmcbid -- — I Daxbid 1—Elese-bid subletal —r - tl.0G 0o— ta5 'ce•^B Vb1 al Rink rd Ave drainage • 53 MOBILIZATION&TRENCH SAFETY 1 L5 4150000 5I$N,W 55,eco.00 $5,00000 5500.DO 450000 54 CITY PERMITS 1 LS 5200. 0 5200.00 5200.00 $20000 5300.00 4200.00 55 GENERAL CONDITIONS 8 INDEMNIFICATION 1 LS 42,000.00 5?CW,W 550000 558000 4100000 $1,0120 CC 56 MAINTENANCE OF TRAFFIC 1 LS $2.000 CO 42,0000O 5x500.OJ 5350000 44.700.00 $4,70000 • 51 INSTALL JUNCTION BOX d CULVERTS I LS $1500000 $15050,0] 518,500 00 $18500.00 59500.Tx $9,50000 (Includes eacavandn A deratering) 58 BASE6 PAVEMENT REPAIR 484 SY $100 4484.00 521W 311,132 CO 534.WI 41E45600 Dlulord Blufbad drainage Blufbdrainage base bid bid base bid base bid subtotal 421?84.00 subtotal ki],y2m j subtotal 532,35800 TOTAL DACE TOTAL DASE TOTAL DADS DID DID DID • (Ake—a (Alt,..m.._s N.. (AI.. • I CMcWvmawr.newer-01 eim.mea nl SRinronu , Haden"Associates.Inc 5 Exhibit "A" Scope of Services The Contractor agrees to construct a junction box on the Department's stormwater outfall pipe serving the nearby portion of SR 438 within Bluford Avenue at the location of the City's severed storm sewer pipe; both ends of the severed storm sewer pipe will be connected to the new junction box. Restoration, inspection, testing. and MOT are included as part of the project. The construction will be in accordance with the approved January 2000 Construction Plans consisting of six (6) sheets as prepared by the Contractor with a Bid Documents date of July 21, 2000 (see attached Exhibit"B"). Exhibit "B" Approved Construction Plans January 2000 Constmetion Plans consisting of six (6) sheets as prepared by the Contractor with a Bid Documents date of July 21,2000(see attached).