Item 06 Approval of Resolution and State Highway Maintenance Memorandum of Agreement with FDOT ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: .February 15, 2022
Item # �p
Reviewed By:
Contact Name: Stephen C. Krug Department Director:.
Contact Number: . 6002 City Manager: /
Subject: Approval of Resolution and:State Highway Maintenance Memorandum of Agreement.
Background Summary:
This agreement provides for funding from Florida Department of Transportation (FDOT) to the City for
routine maintenance activities on several State highways within Ocoee's corporate limits. The work
order under this Agreement will provide Ocoee with an annual payment of $30,200.00 for the duration of
the three (3) year term. This figure extends the amount from the previous agreement.
Public Works recommends approving the new State Highway Maintenance Memorandum of Agreement
with the. FDOT.
Issue:
Request the City Commission to .approve.the State Highway Maintenance Memorandum of Agreement
with the FDOT.
Recommendations
Recommend the City Commission approve the Resolution and State Highway Maintenance
Memorandum of Agreement, ASB34, with the FDOT, and authorize the Mayor and City Clerk to execute
the Resolution and Agreement.
Attachments:
Resolution and State Highway Maintenance Memorandum of Agreement, ASB34
Financial Impact:
The.$30,200.00 extends the current FDOT maintenance reimbursement.
Type of Item: (please mark with an 'k)
Public Hearing F r Clerk's Dept Use: •
Ordinance First Reading Consent Agenda .
Ordinance Second Reading Public Hearing •
Resolution Regular Agenda
x Commission Approval .
Discussion&Direction .
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
`/Reviewed by Finance Dept. D N/A
Reviewed by ( ) N/A
2
75-020-23
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION S
CONTRACTS ADMINISTRATION
CONTRACT RENEWAL OGC-04106
Contract No.: ASB34 Renewal: (1st, 2nd,etc.) 1st&Final
Financial Project No(s).: 244298-1-78-04
County(ies): Orange
This Agreement made and entered into this day of , 2022, by and between the State of
(This date to be entered by DOT 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 this 17th day of April , 2019
(This date to be entered by DOT only)
entered into an Agreement whereby the Department retained the Contractor to perform routine maintenance to include
activities 451, 461, 471, 485;487, 494, 541, 542, 543, 545, 464 and 540 on various State Roads in the City of Ocoee; and
WHEREAS, said Agreement has a renewal option which provides for 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, 2022 and
ending the 30th day of April, 2025-at a cost of$90,600.00.
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. .
STATE OF FLORIDA
City of Ocoee DEPARTMENT OF TRANSPORTATION
Name of Contractor
BY:
Contractor Name and Title District Secretary or Designee(Signature)
BY: Title: District Maintenance Engineer
Authorized Signature
N/A (SEAL) Legal: .
Name of Surety
Fiscal: N/A
City State Approval as to Availability of Funds
By: N/A
Florida Licensed Insurance Agent or DateAttorney-In-Fact(Signature) .
Countersigned: N/A
Florida Licensed Insurance Agent. Date
CITY OF OCOEE SIGNATURE PAGE
Florida Depaitment of Transportation
Highway Maintenance Memorandum Of Agreement,ASB34
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
DATE:
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND , 20
LEGALITY this day of UNDER AGENDA ITEM NO.
, 20
SHUFFIELD, LOWMAN &WILSON, P.A.
By:
City Attorney
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A STATE HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT BETWEEN THE CITY
AND THE FLORIDA DEPARTMENT OF TRANSPORTATION
FOR THE MAINTENANCE OF STATE ROAD RIGHT-OF-
WAYS BY THE CITY; PROVIDING AN EFFECTIVE'DATE.
NOW, THEREFORE,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
the State Highway Maintenance Memorandum of Agreement, Contract No.: ASB34, 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 , 2022.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY APPROVED BY THE CITY OF OCOEE
BY THE CITY OF OCOEE,FLORIDA COMMISSION AT A MEETING
APPROVED AS TO FORM AND HELD ON ,2022,
LEGALITY THIS DAY OF UNDER AGENDA ITEM NO.
,2022.
Shuffield,Lowman&Wilson P.A.
By:
Scott Cookson, City Attorney
FLORIDA DEPARTMENT 0E TRANSPORTATION RI V 1213.20111
HIGLIWAY MAIN'rr,NANCE MEMORANDUM OF AGREEMENT
CONTRACI' NO.: AS1334
FINANCIAL PROJECT NO.:244298-1-78-04
This AGRI31;MI:N'l, entered this )7+:-.6
..__.. day of by and between the.
Florida Department or Transportation. a component agency of the State of Florida, hercinafler called the
DEPARTMENT and the City of Ocoee, a municipal corporation duly enacted under the laws of the Slate of
Florida, hereinafter called the LOCAL (.;OVERNIYIEN`I'.
RICITALS
•
WHEREAS,AS, as part of the continual updating of the State of Florida I lighway System. the
DEPARTMENT, for the purpose of safety and functionality, has constructed 'roadway, roadside areas, and
medians on that part of the State I highway system within the limits of the LOCAL GOVERNMENT or adjacent
to;
WI•IFRI AS, the LOCAL GOVERNMENT acknowledges that there is mutual benefit in effectively
maintaining these areas and the LOCAL GOVERNMENT is of the opinion that said roadway, roadside areas
and median strips shall be attractively maintained;
\VLIFRF,\S, the parties hereto mutually recognize the need for entering into an Agreement designating
and setting forth the responsibilities ol'each party;
Ghl'I) REAS, the LOCAL GOVERNMENT. by Resolutions/Q- y dated the
02 _clay ofca/aiL , 201 9 attached hereto as EXL1113h'I'"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 mutual benefits to flow each to each other, the parties
covenant and agree as follows:
PROVISIONS
I) The LOCAL GOVERNMENT shall be responsible fir routine maintenance activities of all roadway
features within the I)EPAR'I'rMEN'I''s right of way having limits described in EXIII131'I' "13", or
subsequent amended limits mutually agreed upon in writing by both parties. For the purpose of this
Agreement, the maintenance activities to he performed by the LOCAL GOVERNMENT are defined in
EXIILRI'C "C", or as defined by amended.definitions agreed upon in writing by both parties.
2) The LOCAL GOVERNMENT shall perlornl the maintenance activities as described in EXII II3IT"C"
in accordance with DEPAR'I'f1'1EN'I' publications:
a) Maintenance Rating Program (IVIRI') I handbook. latest edition. which by reference hereto shall
become a part hereof. *Hie activities shall he performed in a manner that results in a minimum
RECEMPI, score ()ISO.
Y/, �� ^y
CONTRACT No.: AS1334 FINANCIAL PROJECT NC).:244298-I-78-04 1
AP . 2 2 MB
ORLANDO OPERATIONS
b) MOT Standard Plans.current edition, which by reference hereto shall become a part hereof
3) The LOCAL GOVERNMENT shall be responsible for monitoring maintenance operations and the
maintenance of traffic ("111MMO'1—) throughout the term of the Agreement in accordance with the latest
edition of]'DOT Standard Specifications, Section 102, The LOCAL GOVERNMENT is responsible
for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan
shall be in accordance with the latest version of EDO].Standard Plans, Index 102-600 series.
4) The DEPARTMENT may. at its discretion. performs periodic inspections ()laity or all locations. II it is
determined that any of the roadway features defined in EXHIBIT "C" are not being maintained as
required by this Agreement, the DEPARTMENT will issue a notice of such deficiency to the LOCAL
GOVERNMENT's point of contact by email or certified mail. The LOCAL GOVERNMENT shall
have thirty(30)days to correct the deliciency(ics)and to notify the DEPARTMENT by email or certified
mail, (hat the deficiency(ics)has been corrected. 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 features declared deficient with the DEPARTMENT or DEPAR'l'MENT
Contractor's material, equipment and personnel. The actual cost for such work will be deducted
from payment to the LOCAL GOVERNMENT; or
b) "Terminate this Agreement in accordance with the provisions of this Agreement.
5) In the event of a Governor Declared Emergency, a natural disaster or significant occurrence (hurricane,
tornado, vehicle accident. hazardous waste spills, etc.) the LOCAL GOVERNiMENT and the
DEI'ARTiMEN'I' will cooperate and coordinate the use of their respective resources to provide for clean
up,removal,and disposal of debris or other substances from the DEPARTMENT's right of way described
in EXHIBIT "13" or any amended limits mutually agreed upon in writing by both parties hereto. The
DEPARTMENT will not deduct any payment to the LOCAL GOVERNMENT, costs for impairment
of performance ofany activity or part thereof defined in EXHIBIT"C", as a result of such event and the
redirection of LOCAL GOVERNMENT forces towards fulfillment ofthc responsibility under this article.
This paragraph shall not be interpreted to reduce the LOCAL GOVERNiVIENT's right to compensation
or reimbursement from any other sources (i.e.: FEMA) for the debris removal or other activities of the
I,OCAI,GOVERNMENT subsequent to a natural disaster or accident.
6) During the term of this Agreement, the DEPARTMENT may from time to time engage in transportation
projects on the roads covered by this Agreement. Some of these projects may involve the
DEPARTMKN'I''s construction contractor temporarily assuming maintenance responsibility for the
limits of the project. in that event, the DEPARTMENT will notify the LOCAL, GOVERNMENT of
the limits of the project and the time frame for that project. During that time and IUi' those limits. the
LOCAL GOVERNMENT may be released from its obligation to pei'linm maintenance on those roads
mid the compensation to be paid under this Agreement 'nay be reduced for the duration of the construction
project. The reduction in compensation shall be based on the for'niula used to initially compute the amount
of compensation under this Agreement. The LOCAL GOVERNMENT will be notified of the amount
of the reduction as part of the aforementiolied notice.
CONTRACT No.:AS1334 FINANCIAL Paorrcr No.:244298-1-78-04 2
TERM
) After this Agreement has been executed by the parties. the DEPARTMENT will issue a Notice to Proceed
to the LOCAL GOVERNMENT which may be sent by electronic mail at the DEPARTMENT'S
discretion. the term of this Agreement commences on the effective elate of the Notice to Proceed and
will continue IN. a period of three (3) years from the effective date on the Notice to Proceed. This
Agreement may he renewed It)r a period that may not exceed one three (3) year term.
2) A renewal may be made at the discretion of the I)EPARTMENT and will he subject to the same terms
and conditions set forth in this Agreement. A renewal shall be contingent upon satislactory performance
evaluations by the DEPARTMENT and subject to the availability of funds. Renewals mist be mutually
agreed upon by both parties and in writing and must be executed prior to the expiration date of its
preceding tern).
3) In the event this Agreement extends beyond the I)I PAR'FMEN'I''s current Fiscal year that begins July I
of each year and ends June 30 of each succeeding year, the LOCAL GOVERNMENT and the
DEPARTMENT mutually agree that the Slate of Florida's performance and obligation to pay under this
contract is contingent upon and annual appropriation by the Legislature. In addition, Section
339.135(6)(0, Florida Statutes. is incorporated by reference, and is set lbrth herein below as follows:
"339.135(6)(a)"- The Department, during any Fiscal Year. ,shall not expend money, incur any
lability,, or enter info any Contract which, by its terms, im'olvc.v any expenditure of money in excess U/'
the amounts budgeted as available for expenditure during such fiscal Year, if Fly Contract. verbal or
written, made in violation of this .subsection is null and void, and no money may be paid under such
contract. 7'Iu' Department shall require a statement fi'ont the Comptroller of the Department that fluids
are available prior to entering into any such C'oniract or any other binding commitment o/.Jintc's. Nothing
herein shall prevent the making 0/7'onlracls fin.periods exceeding one (I)j'ear, but any Contract so made
shall he executory only for the value of services to be rendered or agreed to be paid for in succeeding
fiscal years; and this parr, 'aplr shall he inern par'ated verbatim in all Contracts of the Depcn'tment which
are/irr an amount in excess of S25.000 and haying a term for rc period o/more than one year.
COMPENSATION
I ) The I)EPAR'I'iMEN'I' agrees to pay the LOCAI. GOVERNMENT, fallowing a Notice to Proceed.
compensation for the cost of maintenance as described in the Provisions Section of this Agreement. The
payment will he for the amount ofS7.550.00 per quarter.equating to $130.200.00 per year (or the duration
of the term.
2) Payment shall be made only alter receipt ol'goods and services as provided in Section 215. 422, Florida
Statutes, Detailed quarterly invoices and any associated documents.ents, including Maintenance Management
System (MMS) breakdown of all activities, shall be submitted to the DEPART'IMEN'I''s Project
Administrator: Renee I Itrtchison. Delivery shall be effective upon receipt ()la proper quarterly invoice
and any required associated documents.
a) Upon receipt, the DEPARTMENT has seven (7) working days to inspect and approve the goods
and services. unless otherwise specified herein. The I)EPAR'I'MEN'I' has twenty (20) days to
CONTRACT No_: AS133-I FINANCIAL.P orrcr No.:2.44298-1.-784H 3
deliver a request for payment (voucher) to the Department of finance, The twenty (20) days are
measured from the latter of the date the invoice is received, at the location stated herein, or the
goods and services are received, inspected and approved.
b) Any penalty for delay in payment shall he in accordance with Section 215.422. 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 11Urllher Or the Vendor Ombudsman within the Department of
Financial Services.
c} If payment is not available within forty (40) days, a separate interest penalty as established
pursuant to Section 215.422. Florida Statutes, will be due and payable. in addition to the invoice
amount, to the LOCAL GOVERNMENT. Interest penalties of less than one(,$1.00)dollar shall
not be enforced unless the LOCAL GOVERNMENT requests payment. Invoices, which have
been returned to the LOCAL GOVERNMENT because of LOCAL GOVERNiMEN'I'
preparation errors, will result in a delay in the payment. The invoice payment requirements do not
start until a properly completed invoice is received by the DEPARTMENT.
d) A Vendor Ombudsman has been established within the Department of financial Services, 'l'he
duties of this indivi{lua) include acting as an advocate For vendor's who may be experiencing
problems in obtaining timely payment(s) from the DEPARTMENT. The Vendor Ombudsman
may be contacted at (850) 413-5516 or by calling the Department of Financial Services Consumer
I otline, 1-800-342-2762,
3) Bills for lees or other compen.ation'for services or expenses shall be submitted in detail sufficient for a
proper preaudit and postaudit thereof.
4) Records of costs incurred under the terms of this Agreement shall be maintained and nmde available upon
request ol'the DEPARTMENT at all times during the period of this Agreement and Ior' three (3) years
alter final payment is made. Copies of these documents and records shall be furnished to the
DEPARTMENT upon request. Records of costs incurred include the LOCAL GOVERNMENT'S
general accounting records and project records, together with supporting documents and records of the
LOCAL GOVERNMENT. all subcontractors performing work, and all other records of the LOCAI,
GOVERNMENT and subcontractor's considered necessary by the DEPARTMENT tor a proper audit
of costs,
CONDITIONS FOR TERMINATION
I ) This Agreement or any part thereof is subject to termination at the discretion of the DEPARTMENT
under any of the loll owing conditions:
a) In the event the legislature !hits to male an annual appropriation to pay for the LOCAL
GOVERNMEN"I''s services to be performed hereunder.
h) The LOCAL GOVERNMENT has not complied with the provisions of this Agreement as
described herein, or has demonstrated a pattern of repeated non-compliance,
c) The DEPARTMENT determines that the Agreement is no longer I'easible,-
2) Tither party nay terminate this Agreement in writing with thirty (30) days notice,
CONTRnc:T No.:AS1134 FFNANC1AL PROJECT No,:244298-1-78-04 4
NOTICES AND POINTS OF (.:ON'I'ACT
All correspondence regarding this Agreement shall he directed to the folln\yinu points olcontact:
a) For the I)K AR'I'MENI':
Title; Maintenance 1•lamigo.- Contracts
Name: Renee' I Iutcllison
Address: FI)Ol'Orlando Operations.420 I.ikitdstreet Road. Orlando, I I. 3282.1
Telephone: 32 l-3 19-8106
f:rttail: renee.hutc:hison'a do state,II us
h) For the LOCAL, GOVERNMENT:
Title: Public Works Director
Name: Stephen C, Krug, P.F.
Address: City of Ocoee. 301 Maguire Road.Ocoee, H. 34761
Telephone: 407-905-3170
I:maiF: skrug(a:ocoec,org
ADDITIONAL PROVISIONS AN[) LEGAL REOUIRErMEN'IS
I ) LEGAL. REQUIREMENTS. This Agreement is executed and entered into in the State of Florida and
will be construed. peril-wined, and enforced in all respects in strict conformity with local, state,and federal
laws. rules. and regulations.
a) !limy term or provision of the Agreement is fond to be illegal or unenforceable,the remainder of
the Agreement will remain in full fierce and dice( and such term or provision will he deemed
stricken.
h) The LOCAL,GOVERNMENT 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
LOCA1, GOVERNMENT in conjunction with this Agreement. Failure by the LOCAL,
GOVERN1MEN'I' to grant such public access shall he grounds ear immediate unilateral
cancellation of this Agreement by the DEPARTMENT.
c1 The [,O('Al. GOVERNi\'ll?N'I' and the DEPARTMENT agree that the I,O('AI, -
(;OVERNMEN'I',its employees,contractors. subcontractors.consultants.and sub consultants are
not agents of the DEPARTMENT as a result of this Agreement.
d) 'file I.00AI,GOVERNMENT shall not cause any liens or encumbrances to attach to any portion
of the I)I?PAR'I'i\7 ENT's right-of-way.
c) Nothing herein shall he construed as a waiver of either party's sovereign immunity.
2) PUBLIC ENTITY CRIME. The I,O('AI GOVERNMENT affirms that it is aware()Idle provisions of
Section 287.133(2)(a). Florida Statutes. A person or affiliate who has been placed on the convicted vendor
list 1011owing a conviction for a public entity crime may not submit a hid on a contract to provide any
goods or services to a puh]ic entity. may not submit a bid an a contract with mu pith''IC entity lOr the
construction or repair at'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
CON i RAC I No.: AS133-I FINANCIAI PROW(l No.:244298-I-78-04
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 CA'ff..GORY TWO lot'
a period of thirty six (36) months from the date of being placed on the convicted vendor list. The LOCA1,
GOVERNMENT agrees that it shall not violate Section 287.133(2)(a). Florida Statutes. and further
acknowledges and agrees that any conviction dining the term of this Agreement may result in the
termination of this Agreement,
3) IINAUTIIORIZF;l) ALIENS, The DEPARTMENT will consider the employment of unauthorized
aliens, by any contractor or subcontractor, as described by Section 274A(c) of the Immigration and
Nationalization Act, cause or termination of this Agreement.
4) NON-DISCRIMINATION.The LOCAL GOVERNMENT will not discriminate against any employee
employed in the pet'formance of this Agreement, or against any applicant for employment because of age.
ethnicity, race, religious belief, disability, national origin, or sex. The LOCAL GOVERNMENT shall
provide a harassment-lice workplace,with any allegation of harassment given priority attention and action
by management, The LOCAL GOVERNMENT shall insert similar provisions in all contracts and
subcontracts for services by this Agreement.
5) DISCRIMINATORY VENDOR LIST, The LOCAL GOVERNMENT affirms that it is aware of the
provisions of Section 287.I34(2)(a), Florida Statutes. 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. 'l'he LOCAL GOVERNMENT
further agrees that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and
agrees that placement on the list during the term of this Agreement may result in the termination of this
Agreement.
6) A'CT'ORNEY FEES. l'.ach Party shall beat' its own attorney's Ices and costs.
7) TRAVEL, There shall be no reimbursement for travel expenses under this Agreement.
8) PRESERVATION OF REMEDIES. No delay or omission to exercise any right. flower. or remedy
accruing to either Party upon breach or default by eifhei' Patty under this Agreement, will impair any such
right, power or remedy of either party: nor will such delay or omission be construed as a waiver of any
breach or default or any similar breach or default.
•
9) IMOI)11"ICAT'ION. This Agreement may not be modified unless done so in a writing executed by both
Parties to this Agreement.
I0)NON-ASSiGNi1MIEN'I'. The LOCAL GOVERNM ENT Islay not assign.sublicense,or otherwise transact'
its rights, ditties, or obligations under this Agreement without the prior written consent oI' the
DEPARTMENT. Any assignment, sublicense. or transfer occurring without the required prior written
approval of the DEPARTMENT will be null and void. The DEPARTMENT will at all times be entitled
to assign or transfer its rights, duties. or obligations under this Agreement to another governmental entity
in the State of Florida, upon giving prior written notice to the LOCAL GOVERNMENT. In the event
CONTRACT No.:AS1334 FINANCIAL Paoir.cl No.:244298-1-78-04 6
that the DEPARTMENT approves transfer of the LOCAL GOVERNMENT's obligations,the LOCAL
GOVERNMENT remains responsible for all work performed and all expenses incurred in connection
with this Agreement.
1 1)The LOCAL GOVERNMENT agrees to include the following indemnification in all contracts with
contractors, subcontractors, consultants, and subconsultants, who perform work in connection with this
Agreement:
"The contractor / subcontractor / consultant / subconsultant shall indemnify, defend, save and hold
harmless the State of Florida, Department of Transportation and all of its officers, agents or employees
from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or
due to any negligent act or occurrence of omission or commission of the contractor / subcontractor /
consultant/subconsultant, its officers,agents or employees."
12)BINDING AGREEMENT.This Agreement is binding upon and inures to the benefit of the Parties and
their respective successors and assigns. Nothing in this Agreement is intended to confer any rights,
privileges, benefits,obligations,or remedies upon any other person or entity except as expressly provided
for in this Agreement.
13)INTERPRETATION. No term or provision of this Agreement shall be interpreted for or against any
party because that party or that party's legal representative drafted the provision.
14)ENTIRE AGREEMENT. This Agreement, together with the attached exhibits and documents made a
part by reference,embodies the entire agreement of the Parties,There are no provisions,terms,conditions,
or obligations other than those contained in this Agreement. This Agreement supersedes all previous
communication,representation,or agreement,either verbal or written,between the Parties.No amendment
will be effective unless reduced to writing and signed by an authorized officer of the LOCAL
GOVERNMENT and the authorized officer of the DEPARTMENT or his/her delegate.
15)DUPLICATE ORIGINALS,This Agreement may be executed in duplicate originals.
16)E-VERIFY—the LOCAL GOVERNMENT shall:
a) utilize the U.S. Department of Homeland Security's E-Vcrify system to verify the employment
eligibility of all new employees hired by the LOCAL GOVERNMENT during the term of the
contract;and
b) expressly require any subcontractors performing work or providing services pursuant to the state
contract to likewise utilize the U.S. Department ofllomeland Security's E-Verify s}'stem to verily
the employment eligibility of all new employees hired by the subcontractor during the contract
term.
The remainder of this page is intentionally kill blank
•
CONTRACT No.:ASB34 FINANCIAL PROJECT No.:244298-1-78-04 7
17} 1'he Parties agree to comply with s.2O.055(5), Florida Statutes, and to incorporate in all subcontracts the
obligation to comply with s,2O.055(5). Florida Statutes.
EXECUTION
IN WITNESS WHEREOF. the parties have caused these presents to be executed the day and year
First above written.
LOCAL GOVERNMENT:
13y fir° e --a..ae n {itre7" .
Printed Name &Title
Attest:
Printed Name & Title
Legal Approval: .
DEPART' 'Ni'
By:
Alan Hyman, 1'51' . I irector or'Transportation Operations
Attest: Lft—n/
OA A K-e i
Printed Name &, Title
Legal Approval:
CONTRACT No,:_1SI33-J FINANCIAL PROJECT No.:241298-1-78-04 8
CITY OF OCOEE SIGNATURE PAGE
Florida Department of Transportation
Highway Maintenance Memorandum Of Agreement,ASB34
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
7\1\,,,vde
Ll
Melanie Sibbitt, City Clerk Rusty Johnso ,
DATE: o?.eqD/9
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND 4ik2 c , 20 /9
LEGALITY this 2.-vday of UNDER AGENDA ITEM NO. Al
/ -PP I - , 20.?
SHUFFIELD, LOWMAN & WILSON,P.A.
Ci A'tto
EXHIBIT A
Resolution, following on next page.
CONTRACT No.:ASB34 FINANCIAL PROJECT No,:244298-I-78-04 9
RESOLUTION NO. 2019-004
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A STATE HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT BETWEEN THE CITY
AND THE FLORIDA DEPARTMENT OF TRANSPORTATION
FOR THE MAINTENANCE OF STATE ROAD RIGHT-OF-
WAYS BY THE CITY; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE,FLORIDA,AS FOLLOW&
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
the State Highway Maintenance Memorandum of Agreement, Contract No.: ASB34,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 0Cf day of ‘)/7.1 , 2019.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
A,„,t4A
Melanie Sibbitt,City Clerk Rusty Johnson,
(SEAL)
COMMISSIO AT A MEETING
HELD ON ,2019,
UNDER AGE A ITEM NO. y
FOR USE AND RELIANCE ONLY
COMMISSION AT A MEETING
APPROVED AS TO FORM AND
LEGALITY TINS Z`'D DAY OF
af)41 - ,2019.
Shuffield,Lowman&Wilson P.A.
By: �A4 STATE OF FLORIDA
=.:� COUNTY OF ORANGE
:cott 'c 0,City t • • . CITY OF OCOEE
I HEREBY CERTIFY that the foregoing instrument Is a true and
exact copy of the original of which is on file in my office.
IN WITNESS WHEREON,I hereby set my hid and eatteedte
seal of the City of Ocoee to be affixed on
•
clams Sibbitt. iqr I�
EXHIBIT B
PROJECT LIMIT'S:
SECTION S.R. LOCATION LENGTHI
75050-000 50 W.Colonial Drive from S.R.429(MP 6.081)10 Good Homes Road(MP 9.338) 3.257
75180-000 437 Ocoee-Apopka Road from Franklin Street(MP 0.000)to Silver Star Road(MP 0.106) 0.106
75230-000 438 Franklin Street/Silver Star Road from S.R.429(MP 6.752)10 SR.437(MP 7.151) 0.399
75250-000 438 Silver Star Road from Ocoee-Apopka Road(MP 0.000)to Silver Bend Boulevard 2.713
(MP 2,533)and from Coventry Lane(MP 3.082)to Woodhaven Court(MP 3.262)
75250-003 438 Silver Star Road (Realignment)from Silver Bend Boulevard(MP 0.000) to Coventry 0.524
Lane(MP 0.524)
CONTRACT NO.:ASI334 FINANCIAL PROJECT NO.: 244298-I-78-04 10
EX11113t'I' C
MAINTENANCE ACT!VI'I'1ES:
(Maintenance Activities to be included and part Of this Agreement will be checked in the lr4C, column)
PLC, AC`1'1V,TV J,ESC;RIPTIt)N
❑ 433 Sodding: Cutting and placing sod in areas along the roadside associated with reworking non-
paved shoulders, slopes, ditches, median islands, utility strips and repairing washouts.
❑ 435 Seeding, Fertilizing and Mulching: Seeding, rertilizing,and mulching ofthe roadside.
❑ 436 Reworking Non-Paved Shoulders, Front Slopes, and Roadside 'Ditches (Mechanical}:
Reworking non-paved shoulders, front slopes, roadside ditches and turnouts either by the
addition or suitable material and reshaping, or by cutting down built-up areas.
451 Clean Drainage Structures: Cleaning storm drains, French drains, manholes, side drains,
cross drains, inlets, piped outtalk,box culverts,and other miscellaneous drain structures.
❑ 459 Concrete Sidewalk Repair: Repair or replacement or existing sections of concrete sidewalk.
461 Roadside Ditches—Clean and Reshape: Cleaning and reshaping ofditches other than outfit'Is.
471 Large Machine Mowing: Mowing of roadside areas with large mowers where conditions
accommodate the efficient use of 7 foot and larger mowers,alone or in combination.
❑ 482 Slope Mowing: Grass, brush, and weed cutting along slopes too sleep to safely mow or are
inaccessible for conventional mowing tractors.
485 Small Machine Mowing: Mowing the roadside with small hand or riding mowers have a
cutting width of 40 inches or less.
487 rMannal Weed Control: Brush, weed, and grass culling IOU mm (4") or less in diameter
perforated with hand tools.
❑ 4911 Fertilizing: Fertilizing to provide required nutrients to establish and maintain an acceptable
roadside furl',
❑ 492 "Tree Trimming ct Removal: The trimming of the height and sides of trees and removal of
undesirable trees(over 4 inches in diameter or trimming that cannot be done under Activity 487
Weed Control - Manual). To include the chipping and/or removal of all debris train work site.
❑ 493 Landscaped Area Maintenance: All efforts required for proper maintenance of landscaped
areas, including litter removal. mowing, edging. fertilizing, weeding, mulching, etc.
494 Chemical Grass and Weed Control: The application (handgun. basal or eut stump) of
herbicides to slopes,ditches, fence, guardrail, barrier wall, reinforce(' earthen walls,sidewalks,
bridges.curb and gutter,obstructions. shoulders,and other areas not assessable to mowers.Not
to include chemical applications within landscape or mitigation areas.
CONTRAet No.:AS13341 F£NANCIN Pnotrcr No.: 2=14298-1-78-(I-{ 11
❑ 498 Storm.Water Management: To maintain,to the maximum extent practicable,all
surface/storm water management systems to a functioning state as designed and in compliance
with the permit conditions and/or applicable rules and regulations.
❑ 527 Fence Repair: To provide highway safety and deter unauthorized and unrestrained access to
highway facilities,
541 Roadside Litter Removal: Cleaning roadways and roadsides of debris, such as cans, bottles,
paper, Adopt-A-Highway litter. includes the hauling and disposal of litter. Does not include
wayside parks, rest areas and service plaza barrels.
542 Road Sweeping(Manual): -1'o remove debris from the roadway where mechanical means arc
not feasible before a drainage or safety problem is created or before it becomes unsightly.
543 Road Sweeping (mechanical): Machine sweeping of roadway to protect the facility from
excessive accumulation of debris.
545 Edging&Sweeping: Removal of vegetation and debris from the curb,gutter and sidewalk.
464 Outfit!' Ditches - Clean and Repair: Cleaning outfall ditches and restoration of slopes and
bottom areas. Do not rerport to this activity when efforts are limited to brush and weed cutting.
540 Graffiti Removal: Removal (by paint, chemicals or pressure washing) of unisghtly markings
from bridges, barrier walls, and other structures within the right of way, Does not include any
sign work.
lEl
CONTRACT No.:AS1i334 FINANCIAL PROJECT No.: 244298-1-78-04 12