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HomeMy WebLinkAboutItem #09 Approval of Resolution and Memorandum of Agreement – FDOT Right of Way Maintenance ocoee florida AGENDA ITEM COVER SHEET Meeting Date: April 5, 2016 Item # Reviewed By: Contact Name: Stephen C. Krug Department Director: Contact Number: 6002 City Manager: Subject: Approval of Resolution and Memorandum of Agreement — FDOT Right of Way Maintenance. Background Summary: The current Maintenance Memorandum of Agreement between the FDOT and the City will expire on April 30, 2016. FDOT is requesting to renew the existing contract for the City to provide maintenance activities for the portions of SR 50, SR 437 and SR 438 within the City limits. These maintenance activities include cleaning drainage structures, roadside and outfall ditch maintenance, large and small machine mowing, weed control, graffiti removal, litter removal, road sweeping and edging. This extension will be for a three year term and extends the fixed annual contract amount of $25,100.00, based on State budgeted unit pricing. The quantities and funding will increase in the future as the SR 50 corridor improvements are completed. Public Works recommends approving the renewal of the Right of Way Maintenance Memorandum of Agreement with the FDOT. Issue: Request the City Commission to approve the renewal of the Right of Way Maintenance Memorandum of Agreement with the FDOT. Recommendations Recommend the City Commission approve the renewal of the Right of Way Maintenance Memorandum of Agreement, AQX64, with the FDOT, and authorize the Mayor and City Clerk to execute the Agreement and Resolution. Attachments: Memorandum of Agreement AQX64 and Resolution. Financial Impact: The $25,100.00 FDOT maintenance supplement is incorporated into the City budget. Type of Item: (please mark with an `x') Public Hearing For Clerk's Dept Use: Ordinance First Reading x Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda x Commission Approval Discussion&Direction Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. dAk N/A Reviewed by ( ) N/A 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-020-23 CONTRACT RENEWAL CONTRACTS ADMINISTRATION OGC-04/06 Contract No.:AQX64 Renewal: (1st, 2nd, etc.) 1st Financial Project No(s).: 244298-1-78-03 County(ies): Orange This Agreement made and entered into this day of , 2016 , by and between the State of (This date 17515137TIILTITZRTTADT only.) Florida Department of Transportation, hereinafter called "Department", and the City of Ocoee hereinafter called "Contractor". WITNESSETH: WHEREAS, the Department and the Contractor heretofore on this23rd day of April, 2013 (This date to be entered by DOT only) entered into an Agreement whereby the Department retained the Contractor to perform routine roadway maintenance including Activities 451, 461, 464,471, 485, 487, 494, 540, 541, 542, 543 and 545 ; and WHEREAS, said Agreement has a renewal option which provides for a renewal if mutually agreed to by both parties and subject to the same terms and conditions of the original Agreement; NOW, THEREFORE, this Agreement witnesseth that for and in consideration of the mutual benefits to flow each to the other, the parties agree to a renewal of said original Agreement for a period beginning the 1st day of May ' 2016 and ending the 30th day of April , 2019 at a cost of$ 75,300.00 All terms and conditions of said original Agreement shall remain in force and effect for this renewal. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month, and year set forth above. City of Ocoee STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Name of Contractor BY: Contractor Name and Title District Secretary or Designee (Signature) BY: Title: Director of Transportation Operations Authorized Signature (SEAL) Legal: Name of Surety City State Fiscal: Approval as to Availability of Funds By: Florida Licensed Insurance Agent or Date Attorney-In-Fact(Signature) Countersigned: Florida Licensed Insurance Agent Date RESOLUTION NO. 2016 - 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 RIGHT-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 "Highway Maintenance Memorandum of Agreement, Contract No.: AQX64" between the City and the Florida Department of Transportation, a copy of which is attached hereto and incorporated by reference. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of the 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 , 2016. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk Rusty Johnson, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2016. SHUFFIELD, LOWMAN & WILSON PA By: Scott Cookson, City Attorney