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HomeMy WebLinkAboutWinter Springs, City of Landscape Construction and Maintenance Vistawilla Office Center \ LANDSCAPE CONSTRUCTION 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 political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "CITY." WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 434 as part of the State Highway System; and WHEREAS, the CITY seeks to install and maintain certain landscaping within the right of way of State Road 434 in conjunction with the Vistawilla Office Center project; and WHEREAS, the CITY, as part of said landscaping, seeks to remove sidewalk from said right of way and to connect the remaining sidewalk to a CITY 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(3)(c), Florida Administrative Code, requires the parties to enter into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, CITY, by Resolution No. 2006- 47A, dated , 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: 1. The CITY 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 14-40.003 by reference. The CITY shall not change or deviate from said plan( s) without written approval ofthe DEPARTMENT. 2. The CITY agrees to maintain the landscaping in accordance with the Landscape Maintenance Plan(s) included as Exhibit "C." Additionally, the CITY agrees to maintain existing sidewalk which remains within DEPARTMENT right of way 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. 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 CITY's responsibility for maintenance shall be consistent with the requirements of Florida Administrative Code Rule 14-40.003(3)(a)5. The CITY agrees to maintain the CITY sidewalk in conformance with generally accepted standards of sidewalk maintenance. The above named functions to be performed by the CITY shall be subject to periodic inspections by the DEPARTMENT. The CITY 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 CITY shall be in accordance with the Maintenance of Traffic Plan(s) included as Exhibit "D" and Florida Administrative Code Rule 14-40.003(5). 4. If at any time after the CITY 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 CITY to place said CITY on notice thereof. Thereafter the CITY 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 deduct the reasonable cost thereof from the money otherwise due the CITY under this AGREEMENT. (b) If installation has been properly completed or if the DEPARTMENT elects not to complete the installation under (a) above, and maintenance by CITY is not in compliance with paragraphs 2 or 3, the DEPARTMENT may take maintenance action with regard to all or part thereof, with DEPARTMENT or Contractor's personnel, and invoice the CITY for expenses incurred, or (c) The DEPARTMENT may terminate the AGREEMENT, in which case the CITY 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 CITY will own such materials as it removes and the DEPARTMENT shall own any materials remaining. The DEPARTMENT may, in its discretion, remove, relocate or adjust the landscaping materials, with the CITY being responsible for the cost of any removal. Upon DEPARTMENT action under one of the above options and upon direction of the DEPARTMENT, CITY 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 CITY shall be given sixty (60) calendar days notice to remove said landscapinglhardscape after which time the DEPARTMENT may remove the same. 6. CITY may utilize its employees or third parties to accomplish its obligations under paragraphs 1, 2 or 3; however, CITY 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 term of this AGREEMENT commences upon execution. 8. 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. 9. This AGREEMENT may not be assigned or transferred by the CITY in whole or part without the consent of the DEPARTMENT. 10. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Florida. In the event ofa conflict between any portion of the AGREEMENT and Florida law, the laws of Florida shall prevail. 11. 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 of36 months from the date of being placed on the convicted vendor list. 12. 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 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 WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. City of Winter Springs (AGENCY) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: District Secretary Attest: (SEAL) Executive Secretary Legal Approval Legal Approval