HomeMy WebLinkAboutFlorida Department of Transportation Highway Maintenance Memorandum of Agreement Contract No.: ARY50 2016 03 14 Rev.: 8/27/15
THE CITY OF WINTER SPRINGS
AND
THE FLORIDA DEPARTMENT OF TRANSPORTATION
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT
Contract No.: ARY50
THIS Agreement, entered into this day , 2015 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 001(r ob dated the
day of kad , 2011 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.
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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. In the event of a natural disaster(i.e. hurricane, tornado, etc.) or other normal
occurrences such as vehicle accidents and hazardous waste spills, the CITY and the Department
will cooperate and coordinate the use of the their respective resources to provide for the clean-up,
removal and disposal of debris or other substances from the Department's right of way
(described in Exhibit`B"or subsequently amended limits mutually agreed to in writing by the
parties hereto). 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. This paragraph shall not be interpreted to reduce the CITY's right to compensation or
reimbursement from any other sources (i.e., FEMA)for the debris removal or other activities of
the CITY subsequent to a natural disaster or accident.
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
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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 DEPARTMENT's District Director of Transportation 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 Director of Transportation
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 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. During the term of this Agreement, the DEPARTMENT may from time to time
engage in transportation projects on the roads covered by this agreement. Some of those projects
may involve the DEPARTMENT's construction contractor temporarily assuming maintenance
responsibility for the limits of the project. In that event, the Department will notify the Local
Government of the limits of the project and the time frame for the project. During that time and
for those limits, the Local Government will be released from its obligation to perform
maintenance on those roads and the compensation to be paid under this agreement will be
temporarily reduced. The reduction in compensation shall be based on the formula used to
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initially compute the amount of compensation under this agreement and the Local Government
will be notified of the amount of the reduction as part of the above-referenced notice.
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$16,500.00 per quarter or a total sum of$66,000.00 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 Oviedo
Operations, 2400 Camp Rd., 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
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 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.
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(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 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 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.
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11. 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
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 effective date of the Notice to
proceed issued to the CITY by the DEPARTMENT's District Maintenance Engineer, District
5, and shall continue for a period of three (3) years from the effective date of issued Notice to
Proceed.
This Agreement may be renewed for a period that may not exceed one three (3) year
term. Renewal 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 shall be subject to the same terms and conditions set forth in this Agreement.
The Renewal 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 Director of
Transportation 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 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
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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, 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.
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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.
19. An entity or affiliate who has been placed on the discriminatory vendor list 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.
20. E-Verify—the CITY shall:
1. utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the County during the term of the contract;
and
2. 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.
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EXHIBIT "A"
RESOLUTION
(Attached, following this page)
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CITY OF WINTER SPRINGS, FLORIDA
RESOLUTION NUMBER 2016-06
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; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, many roadside areas and median strips abutting Florida Department of
Transportation (FDOT) 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 FDOT.
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 FDOT, in a form acceptable to the City Commission, and
mutually agreed upon renewals or extensions, a copy of which is attached hereto and
incorporated by reference.
SECTION II - The City Clerk of the City of Winter Springs is hereby directed to send
copies of this Resolution to the FDOT 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.
City of Winter Springs Resolution No. 2016-06 Page 1 of 2
RESOLVED BY the City Commission of the City of Winter Springs, Florida, in a
regular meeting assembled this 14th day of March, 2016.
CITY OF WINTER SPRINGS,FLORIDA
By:
CHA ES LA e- a r
ATTEST:
C fr�K21
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
The City of Winter Springs, Florida only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs Resolution No. 2016-06 Page 2 of 2
EXHIBIT `B"
THE ROADWAYS INCLUDED IN THIS AGREEMENT ARE:
SECTION S.R. LOCATION LENGTH
77120000 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
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EXHIBIT "C"
ACTIVITY DESCRIPTION
433 Sodding: Cutting and placing sod in areas along the roadside associated
with reworking non-paved shoulders, slopes, ditches, median islands,
utility strips and repairing washouts.
435 Seeding,Fertilizing and Mulching: Seeding, fertilizing, and mulching
of the roadside.
436 Reworking Non-Paved Shoulders,Front Slopes,and Roadside
Ditches (Mechanical): Reworking non-paved shoulders, front slopes,
roadside ditches and turnouts either by the addition of suitable material
and reshaping, or by cutting down built-up areas.
451 Clean Drainage Structures: Cleaning storm drains, French drains,
manholes, side drains, cross drains, inlets, piped outfalls,box culverts,
and other miscellaneous drain structures.
459 Concrete Sidewalk Repairs: Repair or replacement of existing
sections of concrete sidewalk.
471 Large Machine Mowing: Mowing of roadside areas with large mowers
where conditions accommodate the efficient use of 7 foot and larger
mowers, alone or in combination.
485 Small Machine Mowing: Mowing the roadside with small hand or
riding mowers have a cutting width of 40 inches or less.
487 Weed Control (Manual): Brush, weed, and grass cutting(4 inch diameter
or less) performed with hand tools.
490 Fertilizing: Fertilizing to provide required nutrients to establish and
maintain an acceptable roadside turf.
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492 Tree Trimming & Removal: The trimming of the height and sides of
trees and removal of undesirable trees (over 4 inches in diameter or
trimming that cannot be done under Activity 487 Weed Control - Manual).
To include the chipping and/or removal of all debris from work site.
493 Landscaped Area Maintenance: All efforts required for proper
maintenance of landscaped areas.
494 Chemical Weed and Grass Control: The application (handgun, basal
or cut stump) of herbicides to slopes, ditches, fence, guardrail, barrier
wall, reinforced earthen walls, sidewalks, bridges, curb and gutter
obstructions, shoulders, and other areas acceptable to mowers.
527 Fence Repair: Repair of fence, including deteriorated components.
541 Roadside Litter Removal: Cleaning roadways and roadsides of debris,
such as cans, bottles, paper,trash and Adopt-A-Highway litter. Includes
the hauling and disposal of litter.
Does not include wayside parks, rest areas and service plaza barrels
542 Road Sweeping(Manual): Hand sweeping of roadway to protect the
facility from excessive accumulation of debris.
545 Edging & Sweeping: Removal of vegetation and debris from the curb,
gutter and sidewalk.
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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: By
l Alan Hyman, P.E.
V�-'q l n s r* ith Ci} ()nex^ Director of Transportation Operations
It
Printed Narne&Title
n _
Attest: r Attest:
N `0 l Executive Secretary
`-Printed Name &Title
Legal Approval Legal Approval
District Maintenance Engineer Approval
CITY OF WINTER SPRINGS FIN NO.: 244880-1-78-02 CONTRACT NO.: ARY50
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