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HomeMy WebLinkAboutITem VI (D) Approval and Adoption of Resolution No. 94-05, relating to Maintenance Agreement with F.D.O.T. • AGENDA 3-15-94 Ocoee Item VI D o/ % CI,, � RAYMOND M. BRENNER 4 OF Good PUBLIC WORKS DIRECTOR 560 FLEWELLINC AVE. OCOEE,FLORIDA 34761-2303 (407)877-8420 • FAX(407)656-8504 STAFF REPORT TO: The Honorable Mayor and Board of City Commissioners FROM: Ray Brenner, Public Works Directo DATE: March 9 , 1994 RE: Florida Department of Transportation Memorandum of Maintenance Agreement , Contract #B-7494 State Project #75906-9138 , WPI #5610462 ISSUE: Should The Honorable Mayor and Board of City Commissioners approve the subject agreement with Florida Department of Transportation? BACKGROUND/DISCUSSION: The City of Ocoee and the Florida Department of Transportation entered into an agreement on April 22 , 1992 , to perform routine maintenance for the State at an annual cost of $29 , 226 .48 . This Memorandum of Agreement had a one year renewal option that was agreed upon beginning the 1st day of April , 1993 , and ending the 1st day of May 1994 . There were no changes to the agreement and staff recommended, with commission approval , the renewal . Maintenance activities were monitored closely during the past year and it was discovered that the next agreement should reflect an increase . I met with Mr. Charles Kime , FDOT Contracts Engineer, and Mr. Henry Yates , also of FDOT, to negotiate the agreement . Please refer to Section 21 , which lists the activities included in last year' s agreement and activities listed in the proposed one. Last year there were 37 activities listed as compared to 25 included in this agreement . Those activities deleted are: 412 - Asphalt Repair Mechanical 423 - Concrete Pavement Joint repair 424 - Concrete Slope Pavement Joint Repair 425 - Concrete Pavement Surface Repair 454 - Clean Drainage Structures 456 - Repair Storm Drain 462 - Outfall & Roadside Ditch-Clean & Repair Man 463 - Outfall Ditches Clean & Repair - Mech/Haul 464 - Outfall Ditches Clean & Repair - Mech. Sprd 483 - Slope Mowing (Boom) 490 - Fertilization 493 - Landscape Area Maintenance OCOEE IS A RECYCLING COMMUNITY Page 2 . Staff Report The Honorable Mayor and Board of City Commissioners March 9 , 1994 495 - Chemical Weed Control - Manual 496 - Chemical Weed Control - Wiping 497 - Chemical Weed Control - Broadcast 996 - Misc . Routine Maintenance Activities added this year include : 414 - Base repair 433 - Sodding 526 - Guardrail repair 527 - Fence repair 540 - Graffiti removal The other changes that should be noted are lane miles have been increased to 25 . 202 , an increase of 1 . 034 lane miles , and the contract price increased from $29 , 226 . 48 to $30 , 000 . A copy of the agreement has been sent to the city attorney for his review. RECOMMENDATION: Therefore , based on the above , staff respectfully requests that The Honorable Mayor and Board of City Commissioners adopt Resolution 94-05 , approving the one year maintenance agreement with the Florida Department of Transportation, and authorize the Mayor and City Clerk to execute same . RB: jh RESOLUTION NO. 94-05 A RESOLUTION 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; SETTING FORTH AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: SECTION ONE. That the Mayor and City Clerk are hereby authorized and directed to execute that "Memorandum of Agreement - Highway Maintenance" between the City of Ocoee 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. ADOPTED this day of March, 1994. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this of March, 1994. FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON THE DATE INDICATED By: ABOVE UNDER AGENDA ITEM City Attorney NO. . MEMORANDUM OF AGREEMENT - HIGHWAY MAINTENANCE THIS AGREEMENT, entered into this day of , 1994, 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. 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 day of , 19 , 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: 1. The CITY shall be responsible for routine maintenance of all paved, and turfed areas within DEPARTMENT rights-of-way MEMORANDUM OF AGREEMENT PAGE 1 having limits described by Item 20, 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 Item 21. 2. The CITY shall be responsible for clean-up, removal and disposal of all debris from the DEPARTMENT'S rights-of-way (described by Item 20, 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 Item 21, 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 the contract, 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 sole 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 established herein or a part thereof is not being MEMORANDUM OF AGREEMENT PAGE 2 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 12 of this agreement. 5. It is understood between the parties hereto that the landscaping covered by this Agreement may be removed, relocated or 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) compensa- tion for the cost of maintenance as described under Item 1 of this agreement. The payment will be in the amount of $ 7,500.00 per quarter for a total sum of $ 30,000.00 per year. In the event this agreement is terminated as established by Item 12 herein, payment will be prorated to the date termination occurs. 7. Payment shall be made only after receipt of goods and services as provided in Section 215.42, Florida Statutes. MEMORANDUM OF AGREEMENT PAGE 3 8. Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b) , Florida Statutes. Effective May 28, 1991, Section 215. 422(5) , Florida Statutes was amended as follows: 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. (A) The following language, required by Section 215.422(5) Florida Statutes, is hereby incorporated into this contractual agreement executed by the parties and shall be considered a part thereof: "The City should be aware of the following time frames. Upon receipt, the Department has five(5) working days to inspect and approve the goods and services, unless the agreement specifies otherwise. 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 or the goods or services are received, inspected and approved. (B) If payment is not available within 40 days, a separate interest penalty of .03333 percent per day will be due and payable, in addition to the invoice amount, to the City. 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. (C) A Vendor Ombudsman has been established within the MEMORANDUM OF AGREEMENT PAGE 4 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. " 9. 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. 10. 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 includes 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. 11. 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. 12. This Agreement or any part thereof is subject to termination under any one of the following conditions: MEMORANDUM OF AGREEMENT PAGE 5 (A) In the event the DEPARTMENT exercises the option identified by Item 4 of this agreement. (B) As mutually agreed to by both parties with a thirty (30) day written notice. (C) In the event the Legislature fails to make an annual appropriation to pay for the CITY'S services to be performed hereunder. 13. 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, 365 calendar days, 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 subject to the same prices and associated quantities as well as all other terms and conditions set forth in this agreement. 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 written agreement by both parties and subject to the same terms and conditions as applicable for renewal of this Agreement. 14. 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 MEMORANDUM OF AGREEMENT PAGE 6 annual appropriation by the Legislature. F.S. 334.21(8)(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. 15. The CITY may construct additional 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 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; (C) All requirements and terms established by the agree- ment 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; MEMORANDUM OF AGREEMENT PAGE 7 (E) No change will be made in the payment terms estab- lished 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 estab- lished under Item 12 herein, the CITY agrees to accept full responsibility for all additional maintenance described in this section at no additional cost to the DEPARTMENT. 16. 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 Safe Practices for Streets and Highway Construction and the Department of Transportation Standard Index Series 600. 17. This writing embodies the entire agreement and under- standing between the parties hereto and there are no other agree- ments and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 18. This agreement is nontransferable and nonassignable in whole or in part without consent of the DEPARTMENT. 19. This agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. MEMORANDUM OF AGREEMENT PAGE 8 20. The roadways included in this agreement are: SECTION S.R. DESCRIPTION & M.P. to M.P. LENGTH 75050 50 M. Colonial; Maffard Rd. M.P. 6.081 to Good Halms Rd. M.P. 9.338 3.257 miles 6.081 to 9.338: 3.257 X 4 lanes; 75180 437 Rawness Rd.j0coee-Apopka Rd); Franklin St. M.P. 0.000 to Silver Star Rd. M.P. 0.106, 0.106 miles 0.000 to 0.106: 0.106 X 2 lane; 75250 438 Silverstar Rd.; S.A. 437 N.P. 0.000 to County 435 at M.P. 3.551 3.551 miles 0.000 to 3.551: 3.551 X 2 lane; 75230 439 8lufard, Franklin, Plant St.; E. Crown Point Rd. M.P. 6.535 to S.R. 50 N.P. 8.965 2.430 miles 6.535 to 8.965: 2.430 X 2 lane; TOTAL LANE MILES THIS AGREEMENT = 25.202 21. The routine maintenance activities to be included under the agreement are as follows: ACTIVITY DESCRIPTION 411 Plant Mix Patch (Manual) 414 Base Repair 431 Motor Grader Operation 432 Spot Repair Non Paved Shoulder (Manual) 433 Sodding 435 Seed/Grass/Fertilizer 436 Rework Shoulder & Slopes 437 Miscellaneous Slope/Ditch 451 Clean Storm Drains (Manual & Mechanical) 457 Concrete Repair 459 Concrete Sidewalk Repair 461 Roadside Ditches Clean and Repair 471 Large Machine Mowing 484 Intermediate Mowing 485 Small Machine Mowing 487 Weed Control (Manual & Mechanical ) 492 Tree Trimming 494 Chemical Weed & Grass Control 526 Guardrail Repair 527 Fence Repair 540 Graffiti Removal 541 Litter Removal 542 Roadway Sweeping Manual 543 Roadway Sweeping (Mechanical) 545 Edging & Sweeping These activities shall be performed in accordance with the DEPARTMENT'S performance standards. MEMORANDUM OF AGREEMENT PAGE 9 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 General Counsel FISCAL WILL STAMP FUNDS APPROVAL: CITY OF: OCOEE, FLORIDA BY: S. Scott Vandergrift, Mayor Attest: Jean Grafton, City Clerk FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FROM AND LEGALITY this of March, 1994. FOLEY & LARDNER By: City Attorney MEMORANDUM OF AGREEMENT PAGE 10 ATTACHMENT A RESOLUTION NO. 94-05 A RESOLUTION 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; SETTING FORTH AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: SECTION ONE. That the Mayor and City Clerk are hereby authorized and directed to execute that "Memorandum of Agreement - Highway Maintenance" between the City of Ocoee 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. ADOPTED this day of March, 1994. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this of March, 1994. FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMNIISSION AT A MEETING HELD ON THE DATE INDICATED By: ABOVE UNDER AGENDA ITEM City Attorney NO.