HomeMy WebLinkAboutVII(D) Resolution No. 99-11, Authorization For Mayor And City Clerk To Execute Florida Department Of Transportation Highway Maintenance Contract #AG997 F. M.#244298-1-72-04 f , , Agenda 4-06-99
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%,f*Of 0000 ROBERT SMITH
PUBLIC WORKS DIRECTOR
370 ENTERPRISE ST.•OCOEE,FLORIDA 34761
PHONE(407)877-8420•FAX(407)877-0392
STAFF REPORT
TO: The Honorable Mayor and Board of City Commissioners
FROM: Bob Smith, Public Works Administration `
DATE: April 1, 1999
RE: Florida Department of Transportation
Highway Maintenance Contract#AG997
F. M. #244298-1-72-04
ISSUE:
Should the Honorable Mayor and Board of City Commissioners approve the •
renewal of the referenced contract?
BACKGROUND AND DISCUSSION:
The City of Ocoee and the Florida Department of Transportation entered into a
renewal agreement on April 24, 1998, to perform routine roadside maintenance on the State roads within the city limits of Ocoee for the State. This renewal
expires April 24, 1999. Florida Department of Transportation has submitted a
new agreement with the annual payment to the City of$31,500.
The State is satisfied with our services and the $31,500 is adequate
compensation for us to perform the maintenance.
. RECOMMENDATION:
Staff respectfully requests the Honorable Mayor and Board of City
Commissioners approve the new FDOT Maintenance Contract for the coming
year.
BS:jh
THE PRIDE OF WEST ORANGE
CITY OF OCOEE AND THE FLORIDA DEPARTMENT OF TRANSPORTATION
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT
Contract No.: AG997
THIS Agreement, entered into this day of , 1999, 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 OCOEE, a political subdivision of the State of
Florida, existing under the Laws of Florida, hereinafter called the CITY,
WITNES SETH
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 day of , 1999, 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:
MEMORANDUM OF AGREEMENT CITY OF OCOEE CONTRACT 4:AG-997 F.M.#:244298-1-72-04 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 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
MEMORANDUM OF AGREEMENT CITY OF OCOEE CONTRACT#:AG-997 F.M. #:244298-1-72-04 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$ 7,875.00 per quarter for a total sum of$ 31,500.00 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 Contract Engineer of the Department at 2400 Camp Road, Oviedo. Fl.. Delivery shall be
effective upon receipt of a proper quarterly invoice which details all quantities completed and is
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MEMORANDUM OF AGREEMENT CITY OF OCOEE CONTRACT#:AG-997 F.M. #:244298-1-72-04 PAGE 3
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.
MEMORANDUM OF AGREEMENT CITY OF OCOEE CONTRACT#:AG-997 F.M. #:244298-1-72-04 PAGE 4
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Interest penalties of less 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 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
MEMORANDUM OF AGREEMENT CITY OF OCOEE CONTRACT#:AG-997 F.M. #:244298-1-72-04 PAGE 5
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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 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
..Sir
MEMORANDUM OF AGREEMENT CITY OF OCOEE CONTRACT#:AG-997 F.M.#:244298-1-72-04 PAGE 6
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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
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 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
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a result of this document, subject to the following conditions:
(A) Plans for any new landscaping shall be subject to approval by the •
DEPARTMENT. 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;
MEMORANDUM OF AGREEMENT CITY OF OCOEE CONTRACT#:AG-997 F.M.#:244298-1-72-04 PAGE 7
(C) 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 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.
MEMORANDUM OF AGREEMENT CITY OF OCOEE CONTRACT#:AG-997 F.M. #:244298-1-72-04 PAGE 8
19. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or.public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list. n the convicted vendor list.
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MEMORANDUM OF AGREEMENT CITY OF OCOEE CONTRACT#:AG-997 F.M. #:244298-1-72-04 PAGE 9
EXHIBIT "A"
THE ROADWAYS INCLUDED IN THIS AGREEMENT ARE:
SECTION S.R. LOCATION DESCRIPTION M.P TO M.P. LENGTH
75050 50 START: Woffard Rd. M.P. 6.081 5.24 Km or
(West Colonial Drive) END: Good Holmes Road M.P. 9.338 3.257 Miles
75180 437 START: Franklin Street M.P. 0.000 0.170 Km or
(Bowness Rd.) END: Silver Star Rd. M.P. 0.106 0.106 Miles
75230 439 START: E. Crown Point Rd. M.P. 6.535 3.910 Km or
(Bluford, Franklin & END: S.R. 50 W. Colonial M.P. 8.965 2.430 Miles
Plant Street)
75250 438 START: S.R. 437 Bown M.P. 0.000 5.714 Km or
(Silver Star Rd) END: County Road 435 M.P. 3.551 3.551 Miles
TOTAL MILES 9.344
TOTAL LANE MILES FOR THIS CONTRACT = 25.202
TOTAL LANE KILOMTERS FOR THIS CONTRACT = 40.560
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MEMORANDUM OF AGREEMENT CITY OF OCOEE CONTRACT#:AG-997 F.M. #:244298-1-72-04 PAGE 10
EXHIBIT "B"
ACTIVITY DESCRIPTION REPORTING UNITS
437 Miscellaneous Slope and Ditch Repair Cubic Yards or Cubic Meters
451 Clean Storm Drains (Manual & Mechanical) Lineal Feet or Meters
461 i Roadside Ditches Clean and Repair Lineal Feet or Meters
464 Outfall Ditches Clean and Repair (Haul or Spread) Lineal Feet or Meters •
471 Large Machine Mowing • Acres or Hectares
485 Small Machine Mowing Acres or Hectares
487 Weed Control (Manual & Mechanical) Acres or Hectares
494 Chemical Weed and Grass Control Gallons or Litters
540 Graffati Removal Square Feet or Meters
541 Litter Removal Acres or Hectares
542 Road Sweeping (Manual) Miles or.Kilometers
543 Roadway Sweeping (Mechanical) Miles or Kilometers
545 Edging and Sweeping Miles or Kilometers
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MEMORANDUM OF AGREEMENT CITY OF OCOEE CONTRACT#:AG-997 F.M.#:24-4298-1-72-04 PAGE 11
• 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
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MEMORANDUM OF AGREEMENT CITY OF OCOEE CONTRACT#:AG-997 F.M. #:244298-1-72-04 PAGE 12
Attachment A
RESOLUTION NO. 99-11
A RESOLUTION OF THE CITY. OF OCOEE, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK 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; PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF OCOEE,FLORIDA,AS FOLLOWS:
SECTION 1. The City Commission of the City of Ocoee has the
authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State
of Florida and Chapter 166, Florida statutes.
SECTION 2. The Mayor and City Clerk 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 3. Severability. If any section, subsection, sentence,
clause, phrase or portion of this Resolution is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity
of the,remaining portion hereto.
SECTION 4. Effective Date. This Resolution shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 1999.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
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Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE CITY OF OCOEE
THE CITY OF OCOEE,FLORIDA COMMISSION AT A MEETING
APPROVED AS TO FORM AND HELD ON , 1999,
LEGALITY THIS DAY OF UNDER AGENDA ITEM NO.
, 1999.
FOLEY & LARDNER
By:
City Attorney