HomeMy WebLinkAboutFlorida Department of Transportation Highway Landscape Construction and Maintenance Memoradum of Agreement - 2018LANDSCAPE CONSTRUCTION REV. 07/07/17
AND MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this day of ,
20____, 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, a municipal corporation duly enacted under the laws of the State of Florida, hereinafter called the
"LOCAL GOVERNMENT."
WITNESSETH
WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 15/600 as part of
the State Highway System; and
WHEREAS, the LOCAL GOVERNMENT seeks to install and maintain certain landscaping
within the right of way of State Road 15/600; and
WHEREAS, the LOCAL GOVERNMENT, as part of said landscaping, seeks to remove or has
removed sidewalk from a portion of said right of way and to replace existing sidewalk or connect the
remaining sidewalk to a LOCAL GOVERNMENT sidewalk located off of said right of way; and
WHEREAS, the DEPARTMENT agrees to allow the landscaping only under certain conditions
necessary to protect the traveling public using said right of way; and
WHEREAS, Rule 14-40.003, Florida Administrative Code, requires the parties to enter into an
Agreement designating and setting forth the responsibilities of each party; and
WHEREAS, the LOCAL GOVERNMENT, by Resolution No. ,
dated '20______, and attached hereto as Exhibit "A," has accepted said grant
and authorized its officers to execute this AGREEMENT on its behalf.
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the
parties covenant and agree as follows:
The LOCAL GOVERNMENT hereby agrees to install or cause to be installed landscaping as
specified in the Landscape Plan(s) included as Exhibit "B." Such installation shall be in
conformance with Florida Administrative Code Rule 14-40.003, as it may be amended from time to
time, and the Florida Highway Landscape Guide, which is incorporated into Rule 1440.003 by
reference. The LOCAL GOVERNMENT shall not change or deviate from said plans(s) without
written approval of the DEPARTMENT.
2. The LOCAL GOVERNMENT agrees to maintain the landscaping in accordance with the
Landscape Maintenance Plan(s) included as Exhibit "C." Additionally, the LOCAL
GOVERNMENT agrees to maintain existing sidewalk which remains within DEPARTMENT
Page 1 of 5
right of way, if any, within the area between the boundary line on either side of the abutting property
extending forward to the back of curb, or if no curb then to the edge of travel lane, and within the
area connecting with sidewalk as shown on Exhibit `B", as well as any newly constructed pedestrian
facilities depicted on Exhibit "B". Said maintenance will be in accordance with Florida
Administrative Code Rule 14-40.003 and the Florida Highway Landscape Guide, as they may be
amended from time to time. The LOCAL GOVERNMENT's responsibility for maintenance shall
be consistent with the requirements of Florida Administrative Code Rule 14-40.003. The LOCAL
GOVERNMENT also agrees to maintain the LOCAL GOVERNMENT sidewalk in conformance
with generally accepted standards of sidewalk maintenance. The above named functions to be
performed by the LOCAL GOVERNMENT shall be subject to periodic inspections by the
DEPARTMENT. The LOCAL GOVERNMENT shall not change or deviate from said plan(s)
without written approval of the DEPARTMENT.
3. All landscape installation and all maintenance activities undertaken by the LOCAL
GOVERNMENT shall be in accordance with the Maintenance of Traffic Plans(s) included as
Exhibit "D" and Florida Administrative Code Rule 14-40.003.
4. If at any time after the LOCAL GOVERNMENT has assumed the landscaping installation or the
maintenance responsibility above-mentioned, it shall come to the attention of the DEPARTMENT
that the limits or a part thereof is not properly installed or maintained pursuant to the terms of this
AGREEMENT, the District Secretary or his designee may issue a written notice that a deficiency or
deficiencies exist(s), by sending a certified letter to the LOCAL GOVERNMENT to place said
LOCAL GOVERNMENT on notice thereof. The certified letter shall be sent to City of Winter
Springs, Attn: City Manager, 1126 East S.R. 434, Winter Springs, FL 32708. Thereafter the
LOCAL GOVERNMENT shall have a period of thirty (30) calendar days within which to correct
the cited deficiencies. If said deficiencies are not corrected within this time period, the
DEPARTMENT may at its option, proceed as follows:
(a) If installation is not completed in accordance with the plans in paragraph 1, the
DEPARTMENT may complete the installation, with DEPARTMENT or Contractor's
personnel, and invoice the LOCAL GOVERNMENT for expenses incurred.
(b) If installation has been properly completed or if the DEPARTMENT elects not to complete
the installation under (a) above, and maintenance by the LOCAL GOVERNMENT is not in
compliance with paragraphs 2 or 3, the DEPARTMENT may take action to maintain the
landscaping or existing sidewalk or a part thereof, with DEPARTMENT or Contractor's
personnel and invoice the LOCAL GOVERNMENT for expenses incurred, or
(c) The DEPARTMENT may terminate the AGREEMENT, in which case the LOCAL
GOVERNMENT shall at its own expense and within sixty (60) days after written notice by
the DEPARTMENT, remove all of the landscaping that the DEPARTMENT directs be
removed and return the right-of-way to its original condition. The LOCAL
GOVERNMENT will own such materials as it removes and the DEPARTMENT shall own
Page 2 of 5
any materials remaining. The DEPARTMENT may, in its discretion, remove, relocate or
adjust the landscaping materials, with the LOCAL GOVERNMENT being responsible for
the cost of any removal.
Upon DEPARTMENT action under one of the above options and upon direction of the
DEPARTMENT, the LOCAL GOVERNMENT shall cease installation and maintenance activities
under this AGREEMENT.
5. It is understood between the parties hereto that the landscaping covered by this AGREEMENT may
be removed, relocated or adjusted by the DEPARTMENT at any time in the future as determined to
be necessary by the DEPARTMENT in order that the state road be widened, altered or otherwise
changed. The LOCAL GOVERNMENT shall be given sixty (60) calendar days notice to remove
said landscaping/hardscape after which time the DEPARTMENT may remove the same, with the
LOCAL GOVERNMENT being responsible for the cost of removal.
6. The LOCAL GOVERNMENT may utilize its employees or third parties to accomplish its
obligations under paragraphs 1, 2 or 3; however, the LOCAL GOVERNMENT remains
responsible for proper performance under this AGREEMENT and shall take all steps necessary to
ensure that its employees or third parties perform as required under this AGREEMENT.
7. The LOCAL GOVERNMENT agrees to include the following indemnification in all contracts with
contractors, subcontractors, consultants, and subconsultants, who perform work in connection with
this Agreement:
"The contractor/subcontractor/consultant/subconsultant shall indemnify, defend, save and hold
harmless the State of Florida, Department of Transportation and all of its officers, agents or
employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of,
because of, or due to any negligent act or occurrence of omission or commission of the
contractor/subcontractor/consultant/subconsultant, its officers, agents or employees."
8. The term of this AGREEMENT commences upon execution. The LOCAL GOVERNMENT shall
notify or cause the Department's Orlando Maintenance Engineer or his designee to be notified a
minimum of 48 hours, excluding Saturday, Sunday, and legal holidays, prior to starting work in the
right-of-way, unless said Engineer or his designee waives this period in writing. When the
Department through said Engineer or his designee issues a Notice to Proceed, the LOCAL
GOVERNMENT may proceed with the project.
9. LEGAL REQUIREMENTS. This Agreement is executed and entered into in the State of Florida
and will be construed, performed, and enforced in all respects in strict conformity with local, state,
and federal laws, rules, and regulations.
(a) If any term or provision of the Agreement is found to be illegal or unenforceable, the
remainder of the Agreement will remain in full force and effect and such term or provision
will be deemed stricken.
Page 3 of 5
(b) The LOCAL GOVERNMENT 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 LOCAL GOVERNMENT in conjunction with this Agreement. Failure by
the LOCAL GOVERNMENT to grant such public access shall be grounds for immediate
unilateral cancellation of this Agreement by the DEPARTMENT.
(c) The LOCAL GOVERNMENT and the DEPARTMENT agree that the LOCAL
GOVERNMENT, its employees, contractors, subcontractors, consultants, and sub
consultants are not agents of the DEPARTMENT as a result of this Agreement.
(d) The LOCAL GOVERNMENT shall not cause any liens or encumbrances to attach to any
portion of the DEPARTMENT right-of-way.
(e) Nothing herein shall be construed as a waiver of either party's sovereign immunity.
(f) LOCAL GOVERNMENT:
i, shall utilize the U. S. Department of Homeland Security's E -Verify system to verify
the employment eligibility of all new employees hired by the LOCAL
GOVERNMENT during the term of the contract; and
ii. shall expressly require any subcontractors performing work or providing services
pursuant to the state contract to likewise utilize the U.S. Department of Homeland
Security's E -Verify system to verify the employment eligibility of all new employees
hired by the subcontractor during the contract term.
10. 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.
11. This AGREEMENT may not be assigned or transferred by the LOCAL GOVERNMENT in whole
or part without the consent of the DEPARTMENT.
12. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of
Florida. In the event of a conflict between any portion of the AGREEMENT and Florida law, the
laws of Florida shall prevail.
13. Public Entity Crime - 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.
14. Anti -Discrimination - An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide any goods or services to a public entity, may not
Page 4 of 5
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.
15. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts
the obligation to comply with s.20.055(5), Florida Statutes.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day
and year first above written.
(LOCAL GOVERNMENT)
By:
Charles Lacey
Mayor
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
Alan E. Hyman
Director of Transportation Operations
Attest: (SEAL)
Norma Mejias
Executive Secretary
Legal Approval
Page 5 of 5
EXHIBIT A
RESOLUTION 2018-01
RESOLUTION NO. 2018-01
A RESOLUTION OF THE CITY COMMISSION OF
WINTER SPRINGS, FLORIDA AUTHORIZING THE CITY
MANAGER TO ENTER INTO A HIGHWAY LANDSCAPE
CONSTRUCTION AND MAINTENANCE MEMORANDUM
OF AGREEMENT WITH THE FLORIDA DEPARTMENT
OF TRANSPORTATION INVOLVING U.S. 17-92 RIGHT
OF -WAY AT FLORIDA AVENUE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation (FOOT) has jurisdiction over
and maintains U.S. 17-92 as part of the State Highway System; and
WHEREAS, the Florida Department of Transportation agrees under certain
conditions and has requested the City to execute and deliver to the Florida Department
of Transportation the HIGHWAY LANDSCAPE CONSTRUCTION AND MAINTENANCE
MEMORANDUM OF AGREEMENT (includes exhibits as part thereof) for the aforesaid
project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 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 the HIGHWAY LANDSCAPE CONSTRUCTION AND
MAINTENANCE MEMORANDUM OF AGREEMENT (includes exhibits as part thereof)
between the Florida Department of Transportation and the City of Winter Springs.
SECTION II - The City Clerk of the City of Winter Springs is hereby directed to
send copies of this Resolution and the executed Memorandum of Agreement to FOOT
and all other persons as directed by the Mayor and City Commission.
SECTION III - This Resolution shall take effect immediately upon adoption by the
City Commission.
Passed and adopted this 8th day of January, 2018.
CITY OF WINTER SPRINGS, FLORIDA
CHARLES LACEY, MAYOR
ATTEST:
ANDREA LORENZO-LUACES, CITY CLERK
EXHIBIT B
LANDSCAPE PLANS
EXHIBIT B
CITY OF WINTER SPRINGS, FLORIDA
FLORIDA AVENUE
IMPROVEMENTS
LANDSCAPING PLANS
INDEX OF LANDSCAPING PLANS
SHEET NO. SHEET DESCRIPTION
L07 KEY SHEET
SHOP ORAWfNGS TO BE SUBNRTED TO
L02 - L07 LANDSCAPE PLANTING PLAN
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B. MMTARt TYPE M, ASTM C90.
C. MOITN ASTM CITE, MM. A MRFGATE SIZE 1'. M. CMRIESSNE STNEMTTNT 0910 MI
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E. MM. LAP 1E1E0RCEMENi WALL LE b LMR DIAMETERS.
F. SPLCE NNE IEMN'OALEMENT AT 6' MM. AND ONNTAM AT LEAST ONE CROSS NNE OF
EACH PECE OF (ENFORCEMENT NITHN THE 6'.
TO' OF WALL BEYOND
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COVM AWS. CONTRACTOR TO SUBMIT SHOP MMANB
5. D/AAA'TIAVE ANT RE/IMAICEMENT AT EXPANSION ANT.
CITY OF WINTER
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FLORIDA AVE
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I DATE �E DATE
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sen, ° CITY OF WINTER SPRINGS FLORIDA AVE X0'r
FLORIDA LANDSCAPE DETAILS d
SCHEDULE cn9
EXHIBIT C
LANDSCAPE MAINTENANCE PLAN
EXHIBIT C
LANDSCAPE MAINTENANCE PLAN
A. Landscaping and hardscaping in the FDOT right-of-way will be maintained by the City of
Winter Springs, using City Staff and/or qualified maintenance contractors.
B. Items in the FDOT right-of-way requiring maintenance include, as shown on the
Landscape Plans, the following items:
1. Brick pavers
2. Split -face seat walls
3. Grasses/ bioswale area
4. Decorative crosswalk striping
5. Sod
C. City Staff will periodically inspect the area and will schedule work orders for routine
maintenance items and any items needing repair.
D. The City's maintenance will include periodic removal of any trash and/or debris in the
area of the seat walls and bioswale.
E. The improvements in the FDOT right-of-way have been designed to minimize the
maintenance effort required.
r *AV :lr:1ra11
MAINTENANCE OF TRAFFIC PLAN
VYDRK SPE pqupLEp NES
AHEAD
WxEN 'hDFk EFS
PRESENT
DISTANCE BETWEEN SIGNS
Spacing fft.)
Speed A B
40 mph or less 200 200
45 mph350 350
50 mph or greater 500 500
• 250' pryond thrROAD WORK AHEAD sign or
midway art.... s_ whichever is Icss.
Table I
b
Device $ acini
a
Max. Dislance Between Deal— (ft.)
Speed
Cones or Type f or Type 11
fmph)
Tubular Markers Barricades or VN[f<al
Panels or Drums
upstream 500 R.
Metllan01
Z5
25 50 25 50
30 to 45
25 50 30 50
50 to 70
25 50 50 100
normals mounted fn fhr median fa; ;now) shag do A., rt A.
Lane Identification + Direction of Traffic
4. WORKERS signs to be remaved or roll y covered when no work is being performed.
•
•''/,L
Work W
/�//r
��
fi. When a-, road rn eertc the highway e,ithrn the TIC zone,aldr1le-I TIC
A
B
Taper Lenoth
jFFI,
VYDRK SPE pqupLEp NES
AHEAD
WxEN 'hDFk EFS
PRESENT
DISTANCE BETWEEN SIGNS
Spacing fft.)
Speed A B
40 mph or less 200 200
45 mph350 350
50 mph or greater 500 500
• 250' pryond thrROAD WORK AHEAD sign or
midway art.... s_ whichever is Icss.
Table I
GENERAL NOTES
Device $ acini
i. When a 110, volume of work vehicles arc entering and leaving the Wr,k Arca at
Max. Dislance Between Deal— (ft.)
Speed
Cones or Type f or Type 11
fmph)
Tubular Markers Barricades or VN[f<al
Panels or Drums
upstream 500 R.
Tape: I Tangen, Taper I ng—
Z5
25 50 25 50
30 to 45
25 50 30 50
50 to 70
25 50 50 100
500 I END
ROAp WORN
GENERAL NOTES
Table 11
i. When a 110, volume of work vehicles arc entering and leaving the Wr,k Arca at
Shoulder
speeds slower than 10 MPH below the posted speed, place an M07-5-06 sign In
SYMBOLS
the ROAD WORK AHEAD sign 1111— and shift the ROAD WORK AHEAD sign
® Work Area
upstream 500 R.
®®®
2 This TCZ plan also applre; to work performed in the median mare than S bot
Channelizino Devi Ce(SeO Inn'ex NO, 600)
less than IS from the edge o, travelvray.
f1•, Work Zone Srgn
3. When work is being performed on a multilane undw,dcd roadway no sIyn,
ty
normals mounted fn fhr median fa; ;now) shag do A., rt A.
Lane Identification + Direction of Traffic
4. WORKERS signs to be remaved or roll y covered when no work is being performed.
S. SHOULDER WORK sign may be, used as an ahorn Ito to the WORKER symbol sign.
®M=m
fi. When a-, road rn eertc the highway e,ithrn the TIC zone,aldr1le-I TIC
devices snail be piacedrn accordance with other applrrableTCZ Indexes.
7. For general TCZ requirements and additional Information, refer to Index Re. 600.
500 I END
ROAp WORN
B memoum Moulder —In.
SSL =Length of shoulder taper in feet
W Wrdtn cr total ; Wdcr In Ycct
Kombined paved and unpaved Wroth)
DURATION NOTES
J. sign; and rnannru:mg drvmr; may be omitted Ir all or the s = Pgated speed NmR fmpn)
foNowing cond,tlPn, are met:
a. Work oberatler, a e 60 minutes or less.
b. Vehicles in the work arca nave high-intensity, rotating,
flashing, oscillating, or Strobe light, operating,
CONDITIONS
WHERE ANY VEHICLE, EOUIPMENT,
WORKERS OR THEIR ACTIVITIES
ENCROACH THE AREA CLOSER THAN
IS' BUT NOT CLOSER THAN 2' TO
THE EDGE OF TRAVEL WAY.
LAST 1o� FY 2017-18 INDEx SHEET
REVISION � FDOTDDD� MULTILANE, WORK ON SHOULDER ND. NO.
01/01/16 W ...r DESIGN STA ARDS 612 ] Of 1
Table 11
Taper Length -
Shoulder
®®®
®M=m
B memoum Moulder —In.
SSL =Length of shoulder taper in feet
W Wrdtn cr total ; Wdcr In Ycct
Kombined paved and unpaved Wroth)
DURATION NOTES
J. sign; and rnannru:mg drvmr; may be omitted Ir all or the s = Pgated speed NmR fmpn)
foNowing cond,tlPn, are met:
a. Work oberatler, a e 60 minutes or less.
b. Vehicles in the work arca nave high-intensity, rotating,
flashing, oscillating, or Strobe light, operating,
CONDITIONS
WHERE ANY VEHICLE, EOUIPMENT,
WORKERS OR THEIR ACTIVITIES
ENCROACH THE AREA CLOSER THAN
IS' BUT NOT CLOSER THAN 2' TO
THE EDGE OF TRAVEL WAY.
LAST 1o� FY 2017-18 INDEx SHEET
REVISION � FDOTDDD� MULTILANE, WORK ON SHOULDER ND. NO.
01/01/16 W ...r DESIGN STA ARDS 612 ] Of 1
a
a
a
a
',dial
3. This index also applies w.en work is being performed on a multilane uftdtVfded
Offs'[ zone:
a. Behind an existing carrier,
U. More than 2 behind the curb.
Area c. IS' or more nom the edge of travel waY.
GENERAL NOTES
I. if the work operation (excluding e1t9fidshing and terminating the work areal.
:'quires that two 0 ork vehicles c. s the offset zone in any — hour
traffic control will be in accordance with Index Nr. 612.
2. No special signing is required.
3. This index also applies w.en work is being performed on a multilane uftdtVfded
highway.
J. rhls Index also applies to work performed In the median behind art existing
bawler orm re than I6' from the edge gf travel way, both roadways. Work
performed !n the median behidd euro and gutter shall be fn arcordance with
Index No. 612.
S. When a side read fnterse[ts the hlehwaY within the work area, additional traffic
SYMBOLS
control d.—e, shall be placed !n ac[ordanre with other appli-ble TCZ Indexes.
® Work arca
cog n a
6 bvhen construction ps acfieitien arh o sidewalk, refer fo Index No660.
CONDITIONS
�, tanp mpntinrarmn + mre[Dgn or warn[
general iC2 requirements artd additional Information, re/er [o Index Nr. 600.
WHERE ANY VEHICLE, EQUIPMENT,
WORKER5 AND THEIR ACTNfTiES
ARE BEHIND AN EXISTING BARRIER,
MORE THAN 2' BEHIND THE CURB,
ORIS OR MORE FROM THE EDGE
OF TRAVEL WAY.
LASE
O2 DESCRIPTION:
FY 2017-I8
INOEX
SHEET
REVISION
12
FDOT�
MULTILANE WORK OUTSIDE SHOULDER
No.
NO.
07/01/05
W
.�— DESIGN STANDARDS
611
1 oP I