III (D) Adoption of Reesolution No. 2002-03 Authorizing Execution of Agreement with FDOT for the Maintenance of State Road Right of Way by the City Agenda 3-19-2002
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PUBLIC WORKS IIIBRCIOR
370 TN LRPR ISF ST.•OCOEE.FLORIDA 3474I
PI IONI,:(Fr}N77-842I1• FAX(4071 877-0 Q2
STAFF REPORT
TO: The Honorable Mayor and Board of City Commissioners
FROM: Bob Smith, Public Works Director I
1/y
DATE: April 11, 2002
RE: Florida Department of Transportation
Highway Maintenance Contract #AL454
State Job #244298-1-72-05
ISSUE:
I
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 of April 24, 2001, to perform routine roadside maintenance of the State
roads within the city limits of Ocoee for the State. This renewal expires April 24, 2002.
Florida Department of Transportation has submitted a new agreement with the annual
payment tot the City of$35,100,
The State is satisfied with our services and the $35,100 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.
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THE PRIDE OF WEST ORANGE
Attachment A
RESOLUTION NO. 2002- 03
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 I. 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 , 2002.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
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 , 2002,
LEGALITY THIS DAY OF UNDER AGENDA ITEM NO.
, 2002.
FOLEY & LARDNER
By:
City Attorney
CITY OF OCOEE
AND
THE FLORIDA DEPARTMENT OF TRANSPORTATION
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT
Contract No.: AL454
THIS Agreement, entered into this_ day of , 2002, by and between the
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, a component agency of the
State of Florida, hereinafter called the DEPART-MENT and the CITY OF OCOEE 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 pad of the State Highway System within the limits of the CITY or adjacent
to; 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 ,2002,
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:
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CITY OF OCOEE FIN NO.: 244298-1-72-05 CONTRACT NO.: AL454
I. The CITY shall be responsible for routine maintenance of all shoulders, 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 DEPARTMENTS 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 to 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. The Forgoing
Provision is not intended to give rise to Rights in any third party to recover damages from the
CITY, nor is it intention to constitute a waiver of sovereign immunity.
4. If, at any time while the terms of this Agreement are in effect, it shall come to the
attention of the DEPARTMENTS District Director of Operations, District 5, that the CITY'S
responsibility as 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:
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CITY OF OCOEE FIN NO-: 244298-1-72-05 CONTRACT NO.: AL454
(A) Maintain the roadway shoulders, 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
(13) Terminate this Agreement in accordance with Paragraph 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 upon written agreement signed by both parties 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, following a Notice to Proceed,
compensation for the cost of maintenance as described under Item I of this Agreement. The
payment will be in the amount of$8,775.00 per quarter or a total sum of$35,100.00 per year. In
the event this Agreement is terminated as established by Paragraph 11 herein, payment shall be
prorated to the date termination occurs. Detailed quarterly invoices. as provided further herein
shall he sent to the Maintenance Engineer of the Department at 2400 Camp Road, Oviedo, Fl,
32765. Delivery shall be effective upon receipt of a proper quarterly invoice which details all
quantities completed and is accompanied by any associated documents.
7. Payment shall be made only after receipt of goods and services as provided in Section
215.422, 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.
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CITY OF OCOEE FIN NO.: 241298-I-72-05 CONTRACT NO.: AL454
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. interest at the rate set by Section
55.03 of the Florida Statute, 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.
(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(850) 410-9724 or by calling the State Comptrollers
ITotlinc, I-R00-848-3792.
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CITY Ot OCONE FIN NO.: 244298-1-72-05 CONTRACT NO.: AL454
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 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
Paragraph 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 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
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CITY OF OCOEE FIN NO.: 214298-t72-05 CONTRACT NO.: AL454
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 up to (3) percent at the discretion of the DEPARTMENT.
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.
13. In the event this Agreement extends beyond the DEPARTMENT'S current Fiscal
Year that begins on July I 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 finds. 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 shalt 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.
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CITY OF OCOEE FIN NO.: 244298-1-72-05 CONTRACT NO.: AL454
14. 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.
15. 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.
16. This Agreement is nontransferable and nonassignable in whole or in part without
consent of the DEPARTMENT.
17. This Agreement, regardless of where executed, shall be governed by and construed
according to the laws of the State of Florida.
18. 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 pot 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.
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CITY OF'OCOEE FIN NO.: 244298-1-72-05 CONTRACT NO: AL454
EXHIBIT "A"
THE ROADWAYS INCLUDED IN THIS AGREEMENT ARE:
SECTION S.R. LOCATION DESCRIPTION LENGTH
75050 50 START: Woffard Rd. M.P. 6.081 3.257 Miles
(West Colonial Drive) END: Good Holmes Road M.P. 9.338
75180 437 START: Franklin Street M.P. 0.000 0.106 Miles
(Bowness Rd.) END: Silver Star Rd. M.P. 0.106
75230 439 START: E. Crown Point Rd. M.P. 6.535 2.430 Miles
(Bluford, Franklin & END: S.R. 50 W. Colonial M.P. 8.965
Plant Street)
75250 438 START: S.R. 437 Bown M.P. 0.000 3.551 Miles
(Silver Star Rd.) END: County Road 435 M.P. 3.551
TOTAL MILES 9.344
TOTAL LANE MILES FOR THIS CONTRACT = 25.202
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CITY OF OCOEE FIN NO.: 244298-1-72-05 CONTRACT NO.: AL454
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 RANSPORTATJON
CITY OF OCOEE
(AGENCY)
By: By: _
District Director of Operations
District Five
Attest: (SEAL) Attest: (SEAL)
Executive Secretary
APPROVED AS TO FORM AND LEGALITY APPROVED AS 'C FORM AND LEGALITY
Legal Approval District Council
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CITY OF OCOEE FIN NO.: 244298-1-72-05 CONTRACT NO.: AL454
EXHIBIT "B"
ACT PAY ITEM DESCRIPTION UNITS S/UNIT
437 E120-10-1 Miscellaneous Slope and Ditch Repair 200 cy 21.00
451 430944-38 . Clean Storm Drains 760 If 4.00
461 E120-10-1 Roadside Ditches Clean and Repair 1600 If 4.00
464 E120-10-3 Outfall Ditches Clean and Repair 120 If 4.00
471 E104-4-1 Large Machine Mowing 132 ac 15.00
485 E104-4-3 Small Machine Mowing 24 ac 94.00
487 E580-332-99 Weed Control (Manual &Mechanical) 8 ac 329.00
494 E580-337-3 Chemical Weed and Grass Control 360 gl 5.00
540 E700-487-EO Graffati Removal 124 sf 1.00
541 El10-30 Litter Removal 400 ac 8.00
542 El 10-31-2 Road Sweeping (Manual) 4 mi 299.00
543 E110-31 Roadway Sweeping (Mechanical) 100 mi 50.00
545 El 10-32-1 Edging and Sweeping 8 mi 349.00
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CITY OF OCOEE FIN NO.: 244298-1-72-05 CONTRACT NO.: AL454