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HomeMy WebLinkAbout1998 02 09 Regular Item D i' COMMISSION AGENDA ITEM D REGULAR CONSENT X INFORMATIONAL February 9. 1998 Meeting MGR gw "'\ /DEPT ~)-- Authorization REQUEST: Public Works Department Requesting Approval of Resolution #837 for the Maintenance of State Road 434. PURPOSE: The purpose of this Board item is to request approval of Resolution #837 which authorizes the City Manager to execute a Memorandum of Agreement between the City and the Florida Department of Transportation for the maintenance of State Road 434 from the western City limits to Tuskawilla Road. CONSIDERATIONS: This resolution is needed to meet the conditions of the Highway Beautification Grant from the Florida Department of Transportation. The City was notified on August 20, 1997 that our Highway Beautification Grant application was approved for $117,316.00. One of the stipulations of the grant is for a Maintenance Memorandum of Agreement to be executed. As previouSly directed, the scope of work includes the S.R. 434 corridor west of S.R. 419 to the western City limits near Talmo Street in addition to the new section from S.R. 419 to Tuskawilla Road. The agreement provides for FDOT to reimburse the City $17,500 annually for the activities listed in the agreement. A list of activities was provided by FDOT which we reviewed and segregated into two categories - those required to fulfill the grant and those that are optional. Some optional categories, such as street sweeping, stonn drain replacement, and slope mowing, were deleted because we did not feel it was cost effective. The mandatory activities represented approximately $3,700 of the $17,500 reimbursement. Our actual costs will be significantly higher due ., ~ February 9, 1998 Consent Agenda Item D Page .l.. to the addition of landscaping improvements and the increase in mowing frequency and standards such as edging, fertilization, weed and pest control, etc. Landscaoe Maintenance FDOT City of Winter Springs Frequencv 5.7 cuts/year 20 cuts/year Exoense $3,700 (reimbursed to City) $'29,200 We will be tracking the expenses of the optional activities throughout the year. The agreement is reviewed annually and activities can be added, dropped, or renegotiated based on actual costs, increased allocations to the District, or cost of living increases. The total anticipated annual cost to effectuate the agreement is $40,000 less the $17,500 reimbursement from FDOT for a net cost of $22,500. FUNDING: The additional maintenance cost of $40,000 is budgeted under the Repair and Maintenance - Grounds line code (4410-54682) of the Public Works Department. RECOMMENDA TION: It is recommended that Resolution #837 be approved which authorizes the City Manager to execute a Memorandum of Agreement between the City and the Florida Department of Transportation for the maintenance of State Road 434 from the western City limits to Tuskawilla Road. IMPLEMENTATION SCHEDULE: The resolution and executed Memorandum of Agreements will be forwarded to FDOT upon approval. Once they are executed by FDOT, we will take over maintenance .~ February 9, 1998 Consent Agenda Item D Pagel of S.R. 434. A Notice to Proceed will then be issued for the landscaping improvements which we expect to begin within 60 days. ATTACHMENTS: 1. Resolution #837 2. Maintenance Memorandum of Agreement COMMISSION ACTION: lH.cacnmenc l~O. .l '" RESOLUTION NO. 837 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF STATE ROAD RIGHTS- OF-WAY BY THE CITY; SETTING FORTH AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs is desirous of beautifying the State Road 434 Right of Ways, and WHEREAS, the City has been notified that it is eligible to receive a Highway Beautification Grant, and WHEREAS, the Florida Department of Transportation requires a "Memorandum of Agreement - Highway Maintenance" be executed as a condition of the Highway Beautification Grant. THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA: SECTION I: That the Mayor and City Manager are hereby authorized and directed to execute that "Memorandum of Agreement - Highway Maintenance" between the City of Winter Springs and the Florida Department of Transportation, a copy of which is attached hereto and incorporated herein by reference. SECTION II: That this Resolution shall take effect immediately upon its adoption. Approved and authenticated this day of ,1998. CITY OF WINTER SPRINGS, FLORIDA PAUL P. PARTYKA, MAYOR ATTEST: MARGO M. HOPKINS, CITY CLERK Attachment No. 2 " CITY OF WINTER SPRINGS AND THE FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT ,Contract No.: AF - 525 THIS Agreement, entered into this _ day of , 1998, 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 political subdivision of the 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 o~ 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 designating and setting forth the responsibilities of each party; and WHEREAS, the CITY, by Resolution dated the _ day of , 19_, attached hereto as Attachment "A", which ~y reference hereto shall become a part hereof, 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: '" ""c.v.. . _ ....,~D<r.>....I.J',....,. ""-"~ PO ~. VAL"~'.E'<JL"" ...-........<-'Ul,... . .....uH./..'-I.~;... .......................L... MEMORANDUM.OF AGREEMENT cIrioF WINTER SPRINGS JOB NO.:77906-9251 WPINO.: 5612631 PAGE 1 ~, 1. 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 Exhibit A, 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 B. 2. The CITY shall be responsible for clean-up, removal and disposal of all debris from the DEPARTMENT'S rights-of-way (described by Exhibit A, 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, costs for impairment of performance of any activity or part thereof defmed in Exhibit B, as a result of such event and the redirection of CITY forces towards fulfillment of the CITY'S responsibility under this article, 3. To the extent permitted by Florida law the CITY agrees that it will indemnify and hold hannless 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 employees. 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 Operations, District 5, that the CITY'S responsibility as ..~ ~...:;..t.:,,,,,,,,,,,,,,,'-,,'un..~ .,u:. . . . . ~'~JE.LJU_ ~_. .u.""~. .L....U. .. . . .. ~............ .- MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS JOB NO.:77906-9251 WPI NO.: 5612631 PAGE 2 ~ ........,..........~..".. . . "'...L.......................N.U..............Il> .. uo"..... .. ~~-',..., .....~......"".U.....,............. U' H....'..h...... .. ..<-.~x.,..........u"'J.;~..:jl..;...".J.....O;'.-:........"..J.."J. ....................,.. .~. MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS JOB NO.:77906-9251 WPI NO.: 5612631 PAGE 3 completed and is accompanied by any associated documents. 7. Payment shall be made only after receipt of goods and services as provided in Section 215.42, Florida Statutes. The CITY will. report with each invoice submittal, a summary of all maintenance activities completed that quarter. This report will be based on the F.D.O.T. Maintenance Management System Activity and Production reporting standards. Seven (7) calendar days will be allowed to approve goods and services upon receipt of a correct invoice as provided further herein and allowed by Section 215.422(1), Florida Statutes. In furtherance of Section 215.422 of the Florida Statutes, the parties agree as follows: (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 Banking and Finance. (B) The CITY should be aware of the following time frames. Upon receipt, the Department has seven (7) working days to. inspect and approve the goods and services, as allowed by said statute, 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 a proper invoice is received at the location stated herein or the goods or services are received, inspected and approved, whichever occurs later. (C) If payment is not available within 40 days, a separate interest "rate set by Section 55.03 of the Florida Statute" day will be due and payable, in addition to the invoice amount, to the CITY. ,~....'r._~ ...,._ ~.I'.t"A".' .. .u.:r.,;,;oc...-'<...." ....." ..."".............~..."...__....""<t......~.lI..~ . ...~.......~rV......t. ....J.... 1>'- .,. .J~"-'I.."",."'''I~U J . .J,! .~" ............"""... J'" :....... .......~l;; i ',< "'.... MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS JOB NO.:77906c925 I WPI NO.: 56 I 2631 PAGE 4 ~ Interest penalties ofless 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. (D) A Vendor Ombudsman has been established within the Department of Banking and Finance. 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 (904) 488-2924 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, 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. 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, together with supporting documents and records, of the CITY and all subcontractors performing work, and all other records of the CITY and sqbcontractors 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 o{Chapter 119, Florida Statutes, and made or received by the CITY in conjunction with AA."........ :L'\o V'I.L',I; ".....,.,~."" ~..... #1"~1,1....",.....r.t\. ..,,, :na_~~~ ,,.,,,,,"r~n........u:.~ ....""'..."._ ~......(1'v1..1l2t'l4<';~.;>",.,."..~ MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS JOB NO.:77906-9251 WPI NO.: 5612631 PAGE 5 this Agreement. Failure by the CITY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. 11. This Agreement or any part thereof is subject to termination under anyone of the following conditions: (A) In the event the DEPARTMENT exercises the option identified by Item 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 date a written notice to proceed is issued to the CITY Manager by the Department's District Maintenance Engineer, District 5, and shall continue for a period of one year from the date of issue of said notice to proceed. This Agreement has a renewal option. Renewals shall be on an annual basis not to exceed two yearly renewal periods, or if the original term is greater than one year for no longer than one additional term, subject to the same prices and associated quantities as well as all other terms and conditions set forth in this Agreement, except that the price to be paid for the renewal periods may be increased by three (3) percent: 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 term of this Agreement may be extended for a period not to exceed six (6) months, upon " .~t.J(:~ .....~.......J..._..............'J.....~........ ..~., 1~1:....~LO""'~.J" ~. ! ., .J ......~...J)...l~:~.. 'J'J'.:'-'.J.uv..:1:t.1:::~~>>......... ,I :...JIU'1t" r-:I~.~.JJ~.IJ.JlllJM: i"T MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS JOB NO.:77906-9251 WPI NO.: 5612631 PAGE 6 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 and the DEP ARTMENT 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 339.1 35(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 shall be null and void, and no money shall be paid thereon. 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 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 and having a term for a period of more than one (1}year. 14. The CITY may construct landscaping within the limits of the rights-of-way identified as a result of this document, subject to the following conditions: (A) Plans for any new landscaping shall be subject to approval by the DEP ARTMENT. 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; to;. . ,,;' . ... . "rr!';no~'CI<o;.,^.'<",,,,, ~ ":*':>-"'"""-"""''''1 I;. . - . .u.. "',.. . ..r..-"t.:.......,~,......,. .. '~.zJ ..~..., .......... MEMORANDUM OF AGREEMENT CITY OF WINTER SPR~GS JOB NO.:77906-9251 WPI NO.: 5612631 PAGE 7 @ All requirements and terms established by the 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 item; (F) In the event this Agreement is terminated as established under Item 11 herein, the CITY agrees to accept full responsibility for all additional maintenance described in this section at no additional cost to the DEPARTMENT. 15. All work done on the DEPARTMENT rights-of-way shall be accomplished III accordance with the Department of Transportation Manual on Uniform Traffic Control Devices and The Department of Transportation ROADWAY AND TRAFFIC STANDARDS CURRENT EDITION, INDEX 600 SERIES. 16. This writing embodies the entire agreement and under-standing between the parties hereto and there are no other agreements and understandings, oral or written, with reference to the subject matter hen~ofthat are not merged herein and superseded hereby. 17. This Agreement is nontransferable and nonassignable in whole or in part without consent of the DEPARTMENT. 18. This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. r.:.......,...."'"......"".:'O..t~X(....u........ILr.>lI..........."....I _I ....""~9.4.. '" ~ ""...~ ..~L'...'~....."'.,..... -.- ._ ..."...."....... ......................'V....m ... ..,...... "-'" MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS JOB NO.:77906-9251 WPINO.: 5612631 PAGE 8 19. This following statement is required by Section 287.113(2)(a), Florida Statutes:. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to 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, 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. ~. .~. ~ ~.. . ."......."".L>'... _ .. '''.I~ 17"....."'....."",.........,.... w....., .._..,"'.........."'...."".,..&.<zoo - _~""'L ~ .. L....U......."'..,...." ........ .7..... .IJ"'~...~." .r.. MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS JOB NO.:77906-9251 WPI NO.: 5612631 PAGE 9 SECTION 77120 77070 EXHIBIT "A" THE ROADWAYS INCLUDED IN THIS AGREEMENT ARE: S.R. SR 434 SR 434 LOCATION DESCRIPTION From Talmo Street to SR 419 From SR 419 to Tuskawilla Rd. X;'''' .~>!; "".J'TJ'JJo.P.....,....~~~.... .. :>."""... 'r........... .,., .~ ,1.1.1....' I; ; . 11~.""'" LENGTH 3.37 Km. 3.38 Km. ,~,o::a;"K" . . ._. ",..;\0-:':";.. . . . ...:t............... MEMORANDUM OF AGREEMENT CITY OF WINTER ~PRINGS JOB NO.:77906-9251 WPI NO.: 5612631 PAGE to ACTIVITY 432 433 435 436 437 451 459 471 484 485 487 489 490 492 493 494 498 541 UT......~.........., .......... oM EXHIBIT "B" DESCRIPTION Repair shoulders, slopes(manual) Sodding Seeding, fertilizing & mulching Reworking shoulders Miscellaneous slope & ditch repair Clean drainage structures Concrete sidewalk repair Large machine mowing Intermediate machine mowing Smallmachine mowing Weed control (manual) Wildflowers Fertilizing Tree trimming and/or removal Landscape area maintenance Chemical weed & grass control Storm water management Litter removal '''AT...,.'........ REPORTING UNITS Square meters Square meters Hectares Hectares Cubic meters Meters Square meters Hectares Hectares Hectares Hectares Hectares Metric tons Hours Meters square Liters Hectares Hectares . ... ..... ~ L.:>"":J/l.b.....u............ Jr" .....TI...."'. ."Jh...A MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS JOB NO.:77906-9251 WPI NO.: 5612631 PAGE 11 ACTIVITY 542 545 DESCRIPTION Road. sweeping (manual) Edging & sweeping REPORTING UNITS Kilometers Kilometers ~t;~ .......... .. ...".,,,,,,,.~,,,,... . .....n~...~.....u ~ . .....-"'~".....-""IJJ..IJJU'JU..'lU'..t:....... to. LVO"':L';r.,J'J"'JJ~'" ........:......... ............ ~:1I MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS JOB NO.:77906-9251 WPI NO.: 5612631 PAGE 12 " ~ IN WITNESS WHEREOF the parties hereto have caused these presents to be executed the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: District Director of Operations District Five Attest: Executive Secretary or Notary Approved as to Form and Legality: District Counsel FISCAL WILL STAMP FUNDS APPROVAL: CITY OF: BY: MAYOR Attest: City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney ...........~......... ,_ .... "'.".".........,.<...0.:.......,...'- A. n.".....""'.,.."....... . ."'''''7''''' ~.'>' ",." ..,....'="7..;0'. n ,y."~'''Q...4!> Q" ............. . . : . .. MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS JOB NO.:77906-925I WPI NO.: 5612631 PAGE 13 ~. .. ~ SAMPLE RESOLUTION A RESOLUTION AUTHORIZING THE MA YOR AND CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF STATE ROAD RIGHTS-OF-WAY BY THE CITY; SETTING FORTH AN EFFECTIVE DATE BE IT RESOLVED BYTHE CITY COMMISSION OF THE CITY OF , FLORIDA: SECTION ONE. That the Mayor and City Manager are hereby authorized and directed to execute that "Memorandum of Agreement - Highway Maintenance" between the CITY and the Florida Department of Transportation, a copy of which is attached hereto and incorporated herein by reference. SECTION TWO, That this Resolution shall take effect immediately upon its adoption. APPROVED AND AUTHENTICATED this day of ,19_. Mayor ATTEST: City Clerk ~ ........." "'''' .A.........""..., . .T......."""'.U;/,,,..~.. .A'l..' ,.......L.,... ................., ^.........l<lV"':"""""''''....... ..o.a.~..."-'Lft' ....L'I.. ,...7....."...~.. .~~ ,;,'......... ~~::~: ......v........~........:.:.:T.Q . l..;.~.o:.:...-.:-............ ..~;,:o~ MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS JOB NO.:77906-9251 WPI NO.: 5612631 PAGE 14 .' , . .. CITY OF WINTER SPRINGS AND THE FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT Contract No.: AF - 525 THIS Agreement, entered into this ~ of ryCl-{.... , 1998, by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT alid the CITY OF WINTER SPRINGS, a political,subdivision of the 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; 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 dated the?l), day of ;C;lr\Av;y, 19-.1f. attached hereto as Attachment "A", which by reference hereto shall become a part hereof, 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: m~-:::;s:<<'Z;;:::S;::~W!&W~.7arem~~"""""":::::Z:::=~.;m;~~l:t:~j.:....'j.,~&!~~(~W:ln:'.'f':l:':~wlli;~1!Wi..~~.w!':-:::f:I""""".~1:!'~~~&:!'_m:~:::~m~ MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS JOB NO.:77906-925I WPI NO.: 5612631 PAGE 1 Il' 1. 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 Exhibit A, 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 defmed in Exhibit B. 2. The CITY shall be responsible for clean-up, removal and disposal of all debris from the DEPARTMENT'S rights-of-way (described by Exhibit A, 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, costs for impairment of performance of any activity or part thereof defined in Exhibit B, as a result of such event and the redirection of CITY forces towards fulfillment of the CITY'S responsibility under this article. 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 employees. 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 .operations, District 5, that the CITY'S responsibility as E3;?I:ri:"':::~3::::':$33l:::.:::.:~~......t.,:..I,'e!~""2f::1.~l&:"&~~'f,:i~~.:lm~~mt:>l':f.r.~'mf.'l::R'I""'~&"'f.l:->:,w<m~~<:f."l~~s:.~mm~ili2~:m:::t':~.i:WiZ:t~~.;"""uk;:~~~ MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS JOB NO.:77906-9251 WPI NO.: 5612631 PAGE 2 ~ established herein or a part thereof is not being properly accomplished pursuant to the terms of this Agreement, said District Director of 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, 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 Item 11 of this Agreement. 5. It is understood between the parties hereto that the work covered by this Agreement may be 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. 6. The Department agrees to pay to 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 payment will be in the amount of $4,375.00 per quarter for a total sum of $ 17,500.00 per year. In the event this Agreement is terminated as established by Item 11 herein, payment shall be prorated to the date termination occurs. Detailed quarterly invoices, as provided further herein shall be sent to the Maintenance Contracts Engineer of the Department at 2400 Camp Road, Oviedo, Florida 32765-9417. Delivery shall be effective upon receipt of a proper quarterly invoice which details all quantities ~:!3:mi!~'!i:;:::S!3::lli:!:!::&'::3!:!31~&~~:$f.~~Y~wa~"I3m:..~'jtI::::f.t<:I::::;1$!:::~:::W~:m~;'I.:l:.~.rd~aX".:..~~m:Z:f.:if.:~T'::>f7.'f'If.~a!3~~~~~&'B+r.:i'jf.::r.::%::::r.':::t:X>;1 MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS JOB NO.:77906-925I WPI NO.: 5612631 PAGE 3 . ' , completed and is accompanied by any associated documents. 7. Payment shall be made only after receipt of goods and services as provided in Section 215.42, Florida Statutes. The CITY will report with each invoice submittal, a summary' of all maintenance activities completed'that quarter. This report will be based on the F.D.D.T. Maintenance Management System Activity and Production reporting standards. Seven (7) calendar days will be allowed to approve goods and services upon receipt of a correct invoice as provided further herein and allowed by' Section 215.422(1), Florida Statutes. In furtherance of Section 215.422 of the Florida Statutes, the parties agree as follows: (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 Banking and Finance. (B) The CITY should be aware of the following time frames. Upon receipt, the Department has seven (7) working days to inspect and approve the goods and services, as allowed by said statute. The Department has 20 days to deliver a request for paYI?ent (voucher to the Department of Finance). The 20 days are measured from the latter of the date a proper invoice is received at the location stated herein or the goods or services are received, inspected and approved, whichever occurs later. (C) If payment 'is not available within 40 days, a separate interest "rate set by Section 55.03 of the Florida Statute" day will bedue and payable, in addition to the invoice amount, to the CITY. &:..W~~::~.:B:~:z.::~:i;:;::i3::!~~t?~::'If.~:r.:r-~l12;:~~i:.~~I:.:;;.:l:.:.:i7.':':<:'l'l':O:.:r.j:'l.~.;.:''1t'~~:.:.:~~~~"".lt:~"",~.:.;.:t:.;.:.:.:':':,:,:.:,:,~"~'Z:,m::rr.r.'i':l~::w'"sr~o:w MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS JOB NO.:77906-9251 WPI NO.: 5612631 PAGE 4 Interest penalties ofless than one ($1.00) dollar will not be enforced unless the CITY reqliests payment. The invoices which have to be returned to the CITY because of CITY preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. (D) A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptrollers Hotline, 1-800-848-3792." 8. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof, and that bills for travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes. 9. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these' documents and records shall be furnished to the Department upon request. Records of costs incurred include the CITY'S general accounting records, together with supporting documents and records, of the CITY and all subcontractors performing work, and all other records of the CITY and subcontractors considered necessary by the Department for a proper audit of costs. 10. The CITY shall allow public access to all documents, papers, letters, or other material.subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CITY in conjunction with B'-;!:':;:'&..:~fi:mr:.a'lli33i3:w:+~r;<+BSr~R'I1l'r=tl':~~~:l$'.I.....+......:r.~:M.:l;.!d',......I,.....,.M'M.....~.:o:z:&.r.r~:::z:~~:.:""'.t.:"~~.:f.'i::z+:...~:t MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS JOB NO. :77906-925 I WPI NO.: 5612631 PAGE 5 this Agreement. Failure by the CITY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. 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 Item 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 date a written notice to' proceed is issued to the CIT! Manager by the Department's District Maintenance Engineer, District 5, and shall continue for a period of one year from the date of issue of said notice to proceed. This Agreement has a renewal option. Renewals shall be on an annual basis not to exceed two yearly renewal periods, or if the original term is greater than one year for no longer than one additional term, subject to the same prices and associated quantities as well as all other terms and conditions set forth in this Agreement, except that the price to be paid for the renewal periods may be increased by three (3) percent. 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 tothe availability of funds. The term of this Agreement may be extended for a period not to exceed six (6) months, upon E3':.:u!.:-::::.:.:.:::m~o:m::'I>m'i:i:013j::i::~13l":lW7.T"t:i~~~~~<<:::':':I:'e't.:r~:::m:3im::1"e::'~:m+W'-p.:w:':>:<:m&~~lli'3!:!~::?"..:B::;'!:r~:J~~.:~::"W.:sm.~&..~:~.J MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS JOB NO.:77906-925I WPI NO.: 5612631 PAGE 6 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 and the DEP ARTMENT 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)" - TheDEPARTMENT, 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 noinoney shall be paid thereon. 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 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 $25,000 and having a term for a period of more than one (1) year. 14. The CITY may construct landscaping within the limits of the rights-of-way identified as a result of this document, subject to' the following conditions: (A) Plans for any new landscaping shall be subject to approval by the DEPA~TMENT. The CITY shall not change or deviate from said plans without written approval by the DEPARTMENT; (B) All landscaping shall be developed and implemented in accordance with appropriate DEPARTMENT safety and road design standards; m~3i:!:!3I~;m8:1:~,*-::::.:::.:.:llJ~"3f'~1::s?"$':::'~~'Ei$lli'.?.:B!33?3m:::::j;~!:::lmo;>~*~3ill~f~~::IZ"~IBI::ZI::3:.:.:.:.:4~J&lo;~:-:,>m":o;~,:':f.'~:-r.w:::x:~;:;::<:::::'1':f.~:.,::;:.:~3m!:!W MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS JOB NO.:77906-9251 WPI NO.: 5612631 PAGE 7 @ All requirements and terms established by the Agreement shall also apply to any additional landscaping installed under this Item; (D) The CITY agrees to complete, execute and comply with the requirements of the DEPARTMENT'S standard penUlt; (E) No change will be made in the payment terms established under Item 6 of this Agreement due to any increase or decrease in cost to the CITY resulting from the installation and maintenance of landscaping added under this item; (F) In the event this Agreement is terminated as established under Item 11 herein, the CITY agrees to accept full responsibility for all additional maintenance described in this section at no additional cost to the DEPARTMENT. 15. All work done on the DEPARTMENT rights-of-way. shall be accomplished in accordance with the Department of Transportation Manual on Uniform Traffic Control Devices and The Department of Transportation ROADWAY AND TRAFFIC STANDARDS CURRENT EDITION, INDEX 600 SERIES. 16. This writing embodies the entire agreement and under-standing between the parties hereto and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 17. This Agreement is nontransferable and nonassignable in whole or in part without consent of the DEPARTMENT. 18. This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. F.:.~3:t...~?!Si3!'~s:Z'g..:;m~~S!'&:::'l<<.:-:r.t;o:::o:~r.'t:3'~"l':f.'l':'=O:>:::>:'l::%~<<o:..,..t'.........:-:<:+m:W':::::::'~"SfZf:I<.;f;7'...':>:"l:mmr,7-""':'.$:.!.:.,;;!$3ili:~~'l...:.:::::::~~~,"m::-:::7-':'i";>:s:.v.::::f.':+~;:r,':<:~~ MEMORANDUM OF AGREEMENT CITY OF wiNTER SPRINGS JOB NO.:77906-9251 WPINO.: 5612631 PAGE 8 19. This following statement is required by Section 287.113(2)(a), Florida Statutes: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 Florida Statutes, for Category two for a period of 36 months from the date of being placed on the convicted vendor list. J::?.:.?.!mr~~m::::$m.-::r.:~':<:'I::':?:r.-:':o:m:"'m::w.:'1!f!.=l~~I:>:-;~:':r.t:,.:;::~~t~:r.m~1';';':1:i~<:<:>W:(':;;>:~'W~e::?.:w~;':~~m:>:<';:ill~:i:!&..wsr&:::f:::f.'lWl':W:~.a::~:w:w:~~ MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS JOB NO.:77906-925I WPI NO.: 5612631 PAGE 9 SECTION 77120 77070 EXHIBIT" A" THE ROADWAYS INCLU:DED IN TillS AGREEMENT ARE:. S.R. SR 434 SR 434 LOCATION DESCRIPTION From Talmo Street to SR 419 From SR 419 to Tuskawilla Rd. LENGTH 3.37 Km. 3.38 Km. E!&i?3:.:::t:~:;':"~~::~~::f~:::BI::~o:::r.o:~~~awG.:&~~~~~:~3i83I::~--:S:j;':':<:or.':~~:S::::::?':::W3lS:n~:or=t:.-W:~':Z:...,...!,...:.t:"""",'~r.<railiWM~:~ MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS JOB NO.:77906-9251 WPI NO.: 5612631 PAGE 10 EXHmIT "B" ACTIVITY DESCRIPTION REPORTING UNITS 432 Repair shoulders, slopes(manual) Square meters 433 Sodding Square meters 435 Seeding, fertilizing & mulching Hectares 436 Reworking shoulders Hectares 437 Miscellaneous slope & ditch repair Cubic meters 451 Clean drainage structure~ Meters 459 Concrete sidewalk repair Square meters 471 Large machine mowing Hectares 484 Intermediate-machine mowing Hectares 485 Small machine mowing Hectares 487 Weed control (manual) Hectares 489 Wildflowers Hectares 490 Fertilizing Metric tons 492 Tree trimming and/or removal Hours 493 Landscape area maintenance Meters square 494 Chemical weed & grass control Liters 498 Storm water management Hectares 541 Litter removal Hectares E:."3:.~3::~i$:~~~3i:!k:::l8!3i::&~~r&..:::l!.x.:.::O:'m'f'T':~~~<:<'iO;O:O;'l';+:>:'I':-:'!":t."'t~f'!'!f.::~r.o-~<:,:W!~omO;>M::<<,:'~v:::;o:::~~m:::!~:i:lS:::::"B:~J.1:.~'$';'$'W:~~~f.'i<<:;r,+~:r.o:"';9!'!'::!Z"E::.:Bl3:'":~~BlS!W MEMORANDUM OF AGREEMENT CITYOF WINTER SPRINGS JOB NO.:77906-9251 WPI NO.: 5612631 PAGE 11 IN WITNESS WHEREOF the parties hereto have caused these presents to be executed the day and year first above written. By: STATE OF FLORIDA TRANSPORTATION D rector of Operations District Five I~W'''''''''''''\\\\''''''\\'''\\\\'''\\\\\\\\\\\\\'''\'''''''''<.:A'f5 't: ~.t;..-7A/2 C ~~ ~ o",~""V"fl6..- Nanc~J.Landry.: E~~tive ~cretary r Notary ( ~ ~ Notary Pubhc. Stale of Flonda > '>( ~ $ Commission No. CC 445853 : ' . ~~ '> OF f\.o'f My Commission Expires OS/29/99 : : S~ 1-800..3.NOTARY. F1a. Notary Service &. Bonding > ' ~<<<<<<(<<<<<<<<<<<<<<(<<m<<m (, Form and Legality: District Counsel FISCAL WILL STAMP FUNDS APPROVAL: CITY OF: WINTER SPRINGS BY: Attest: APPROVED AS TO FORM AND LEGALITY: City Attorney B"~?illim:~::S:-3:g:.3M3lli&T;;:Bi~T&":!:!'*Bili:m:r~~$>>+::!::~:::::.:~;:~:::r::::::::~mS3!:l:~:::::!B:::sm::z!'~~~.J::&.~~:3X-::"&~aD~::o:-::m:+:%~m7.l:-W~:-:::o:f.::.tm3?..:"3:m~ MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS JOB NO. :77906-925 1 WPI NO.: 5612631 PAGE 13 RESOLUTION NO. 837 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT -OF TRANSPORTATION FOR THE MAINTENANCE OF STATE ROAD RIGHTS- OF-WAY BY THE CITY; SETTING FORTH AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs is desirous of beautifying the State Road 434 Right of Ways, and WHEREAS, the City has been notified that it is eligible to receive a Highway Beautification Grant, and WHEREAS, the Florida Department of Transportation requires a "Memorandum of Agreement - Highway Maintenance" be executed as a condition of the Highway Beautification Grant. THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA: SECTION I: That the Mayor and City Manager are hereby authorized and directed to execute that "Memorandum of Agreement - Highway Maintenance" between the City of Winter Springs and the Florida Department of Transportation, a copy of Contact No. AF-525 which is attached hereto and incorporated herein by reference. SECTION II: adoption. That this Resolution shall take effect immediately upon its Approved and authenticated this 9/!!daYOf ~. ,1998. ATTEST: ~A.~ MARGO . HOPKINS, ITY CLERK ;~ RESOLUTION NO. 837 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF STATE ROAD RIGHTS- OF-WAY BY THE CITY; SETTING FORTH AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs is desirous of beautifying the State Road 434 Right of Ways, and WHEREAS, the City has been notified that it is eligible to receive a Highway Beautification Grant, and WHEREAS, the Florida Department of Transportation requires a "Memorandum of Agreement -Highway Maintenance" be executed as a condition of the Highway Beautification Grant. THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA: SECTION I: That the Mayor and City Manager are hereby authorized and directed to execute that "Memorandum of Agreement -Highway Maintenance" between the City of Winter Springs and the Florida Department of Transportation, a copy of Contact No. AF-525 which is attached hereto and incorporated herein by reference. SECTION II: That this Resolution shall take effect immediately upon its adoption. Q~ Approved and authenticated this T day of , 1998. C R GS, FLORIDA `~ PAUL P. PARTYKA, R ATTEST: MARCO . HOPKINS, ITY CLERK ~~ ~ , FIAKIDA DEPARTMENT OF TRAI~ISPORTATION iwYft)n C6ILE9 7HOMA8 P. dA6R1L Jr. dOYERnOR SBCRETAHY Cootractas 3-510 719 South Woodland Boulevard Deland, b7oeida .32720 Mazch 3, 1998 Mr. Kipton Lockcuff, Public Works/Utility Director City of Winter Springs 1126 East S.R. 434 Winter Springs, FL 32708 ~j TR['T EFEREN Contract No: AF525 State Job No: 77906-9251/73 WPI No: 5612631 County: Seminole Amount: $17,500.00 Dear Mr. Lockcuff: O~ ~~,n ~ I ~~ C"lp ~k ~~~ 3-~9 ~ Enclosed is an executed copy of the contract for the above referenced project. The local DOT office in chazge of this project will contact you to arrange apre-work conference prior to the begin date. Should you have questions please call me at (904) 943-5283. ly, irley Haas District Five Maintenance Contracts/Highway Beautification Grants AF525.moal.trs