2018-002 Landscape Construction and Maintenance Memorandum Agreement for Landscaping Within the ROW on Highway 50 RESOLUTION NO. 2018-002
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
AUTHORIZING MAYOR TO SIGN A LANDSCAPE
CONSTRUCTION AND MAINTENANCE MEMORANDUM OF
AGREEMENT FOR LANDSCAPING WITHIN THE RIGHT OF
WAY ON HIGHWAY 50, AS MORE SPECIFICALLY PROVIDED
IN SAID AGREEMENT; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 6, 2018, City Commission of the City of Ocoee, in a duly noticed
public meeting, approved a Landscape Construction and Maintenance Memorandum of
Agreement (Agreement) with the Florida Department of Transportation (FDOT) for installation
and maintenance of landscaping within the right of way for Ocoee Retail at Maguire Road and
Highway 50; and
WHEREAS, in conjunction with the approval of this Agreement with FDOT, the City
Commission has authorized the honorable Mayor to execute said Agreement.
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 City Commission of the City of Ocoee, Florida, on behalf of the
City of Ocoee, hereby accepts the provisions outlined in the Landscape Construction and
Maintenance Memorandum of Agreement (Agreement) with the Florida Department of
Transportation (FDOT) and authorizes the honorable Mayor to execute the Agreement with the
1
FDOT for installation and maintenance of landscaping within the right of way for Ocoee Retail at
Maguire Road and Highway 50 and authorizes the attachment of this Resolution as Exhibit A
thereto.
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 upon passage
and adoption.
10-
PASSED AND ADOPTED this 6 day of frejt , 2018.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
141
Melanie Sibbitt, City Clerk Rusty Jo • Mayor
(SEAL) READ AND ADOPTED
7/7Arth ( ,2018
UNDER AGENDA ITEM NO. q .
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,FLORIDA
APPROVED AS TO FORM AND LEGALITY
on this b''+ day of hAc C* ,2018.
SHUFFIELD, LOWMAN & WILSON P.A.
By: _
Sc u _oi" ity Attor f
LANDSCAPE CONSTRUCTION aEv.07107/17
AND MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT,made and entered into this 26th day of October
2018 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency of the State of Florida,hereinafter called the"DEPARTMENT"and CITY OF OCOEE,
FLORIDA,a municipal corporation duly enacted under the laws of the State of Florida,hereinafter called the
"LOCAL GOVERNMENT."
WITNESSETH
WHEREAS,the DEPARTMENT has jurisdiction over and maintains State Road 50 as part of the
State Highway System;and
WHEREAS,the LOCAL GOVERNMENT seeks to install and maintain certain landscaping within
the right of way of State Road 50;and
WHEREAS,the LOCAL GOVERNMENT,as part of said landscaping, seeks to remove or has
removed sidewalk from a portion of said right of way and to replace existing sidewalk or connect the
remaining sidewalk to a LOCAL GOVERNMENT sidewalk located off of said right of way;and
WHEREAS,the DEPARTMENT agrees to allow the landscaping only under certain conditions
necessary to protect the traveling public using said right of way; and
WHEREAS, Rule 14-40.003, Florida Administrative Code, requires the parties to enter into an
Agreement designating and setting forth the responsibilities of each party;and
WHEREAS, the LOCAL GOVERNMENT, by Resolution No. p/f_ aecz
dated_,_ r• ,20 /1 ,and attached hereto as Exhibit"A,"has accepted said grant
and authorized its officers to execute this AGREEMENT on its behalf.
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 LOCAL GOVERNMENT hereby agrees to install or cause to be installed landscaping as
specified in the Landscape Plan(s) included as Exhibit "B." Such installation shall be in
conformance with Florida Administrative Code Rule 14-40.003,as it may be amended from time to
time, and the Florida Highway Landscape Guide, which is incorporated into Rule 14-40.003 by
reference. The LOCAL GOVERNMENT shall not change or deviate from said plans(s)without
written approval of the DEPARTMENT.
2. The LOCAL GOVERNMENT agrees to maintain the landscaping in accordance with the
Landscape Maintenance Plan(s) included as Exhibit "C." Additionally, the LOCAL
Page 1 of 5
GOVERNMENT agrees to maintain existing sidewalk which remains within DEPARTMENT
right of way,if any,within the area between the boundary line on either side of the abutting property
extending forward to the back of curb, or if no curb then to the edge of travel lane, and within the
area connecting with sidewalk as shown on Exhibit"B",as well as any newly constructed pedestrian
facilities depicted on Exhibit "B". Said maintenance will be in accordance with Florida
Administrative Code Rule 14-40.003 and the Florida Highway Landscape Guide, as they may be
amended from time to time.The LOCAL GOVERNMENT's responsibility for maintenance shall
be consistent with the requirements of Florida Administrative Code Rule 14-40.003.The LOCAL
GOVERNMENT also agrees to maintain the LOCAL GOVERNMENT sidewalk in conformance
with generally accepted standards of sidewalk maintenance. The above named functions to be
performed by the LOCAL GOVERNMENT shall be subject to periodic inspections by the
DEPARTMENT. The LOCAL GOVERNMENT shall not change or deviate from said plan(s)
without written approval of the DEPARTMENT.
3. All landscape installation and all maintenance activities undertaken by the LOCAL
GOVERNMENT shall be in accordance with the Maintenance of Traffic Plans(s) included as
Exhibit"D"and Florida Administrative Code Rule 14-40.003.
4. If at any time after the LOCAL GOVERNMENT has assumed the landscaping installation or the
maintenance responsibility above-mentioned,it shall come to the attention of the DEPARTMENT
that the limits or a part thereof is not properly installed or maintained pursuant to the terms of this
AGREEMENT,the District Secretary or his designee may issue a written notice that a deficiency or
deficiencies exist(s), by sending a certified letter to the LOCAL GOVERNMENT to place said
LOCAL GOVERNMENT on notice thereof. The certified letter shall be sent to the attention of the
City Manager. Thereafter the LOCAL GOVERNMENT shall have a period of thirty(30)calendar
days within which to correct the cited deficiencies.If said deficiencies are not corrected within this
time period,the DEPARTMENT may at its option,proceed as follows:
(a) If installation is not completed in accordance with the plans in paragraph 1, the
DEPARTMENT may complete the installation, with DEPARTMENT or Contractor's
personnel, and invoice the LOCAL GOVERNMENT for expenses incurred.
(b) If installation has been properly completed or if the DEPARTMENT elects not to complete
the installation under(a)above,and maintenance by the LOCAL GOVERNMENT is not in
compliance with paragraphs 2 or 3, the DEPARTMENT may take action to maintain the
landscaping or existing sidewalk or a part thereof, with DEPARTMENT or Contractor's
personnel and invoice the LOCAL GOVERNMENT for expenses incurred, or
(c) The DEPARTMENT may terminate the AGREEMENT, in which case the LOCAL
GOVERNMENT shall at its own expense and within sixty(60)days after written notice by
the DEPARTMENT, remove all of the landscaping that the DEPARTMENT directs be
removed and return the right-of-way to its original condition. The LOCAL
GOVERNMENT will own such materials as it removes and the DEPARTMENT shall own
Page 2 of 5
i
any materials remaining. The DEPARTMENT may, in its discretion,remove,relocate or
adjust the landscaping materials,with the LOCAL GOVERNMENT being responsible for
the cost of any removal.
Upon DEPARTMENT action under one of the above options and upon direction of the
DEPARTMENT,the LOCAL GOVERNMENT shall cease installation and maintenance activities
under this AGREEMENT.
5. It is understood between the parties hereto that the landscaping covered by this AGREEMENT may
be removed,relocated or adjusted by the DEPARTMENT at any time in the future as determined to
be necessary by the DEPARTMENT in order that the state road be widened, altered or otherwise
changed. The LOCAL GOVERNMENT shall be given sixty(60)calendar days notice to remove
said landscaping/hardscape after which time the DEPARTMENT may remove the same,with the
LOCAL GOVERNMENT being responsible for the cost of removal.
6. The LOCAL GOVERNMENT may utilize its employees or third parties to accomplish its
obligations under paragraphs 1,2 or 3;however,the LOCAL GOVERNMENT remains responsible
for proper performance under this AGREEMENT and shall take all steps necessary to ensure that its
employees or third parties perform as required under this AGREEMENT.
7. 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."
8. The term of this AGREEMENT commences upon execution. The LOCAL GOVERNMENT shall
notify or cause the Department's Orlando Maintenance Engineer or his designee to be notified a
minimum of 48 hours,excluding Saturday,Sunday,and legal holidays,prior to starting work in the
right-of-way, unless said Engineer or his designee waives this period in writing. When the
Department through said Engineer or his designee issues a Notice to Proceed, the LOCAL
GOVERNMENT may proceed with the project.
9. LEGAL REQUIREMENTS.This Agreement is executed and entered into in the State of Florida
and will be construed,performed, and enforced in all respects in strict conformity with local,state,
and federal laws,rules, and regulations.
(a) If any term or provision of the Agreement is found to be illegal or unenforceable, the
remainder of the Agreement will remain in full force and effect and such term or provision
will be deemed stricken.
Page 3 of 5
(b) 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 LOCAL GOVERNMENT in conjunction with this Agreement.Failure by
the LOCAL GOVERNMENT to grant such public access shall be grounds for immediate
unilateral cancellation of this Agreement by the DEPARTMENT.
(c) The LOCAL GOVERNMENT and the DEPARTMENT agree that the LOCAL
GOVERNMENT, its employees, contractors, subcontractors, consultants, and sub
consultants are not agents of the DEPARTMENT as a result of this Agreement.
(d) The LOCAL GOVERNMENT shall not cause any liens or encumbrances to attach to any
portion of the DEPARTMENT right-of-way.
(e) Nothing herein shall be construed as a waiver of either party's sovereign immunity.
(f) LOCAL GOVERNMENT:
i. shall utilize the U.S.Department of Homeland Security's E-Verify system to verify
the employment eligibility of all new employees hired by the LOCAL
GOVERNMENT during the term of the contract; and
ii. shall expressly require any subcontractors performing work or providing services
pursuant to the state contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new employees
hired by the subcontractor during the contract term.
10. This writing embodies the entire AGREEMENT and understanding between the parties hereto and
there are no other AGREEMENTS and understanding,oral or written,with reference to the subject
matter hereof that are not merged herein and superseded hereby.
11. This AGREEMENT may not be assigned or transferred by the LOCAL GOVERNMENT in whole
or part without the consent of the DEPARTMENT.
12. This AGREEMENT shall be governed by and construed in accordance with the laws ofthe State of
Florida. In the event of a conflict between any portion of the AGREEMENT and Florida law,the
laws of Florida shall prevail.
13. Public Entity Crime - 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, Florida
Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
14. Anti-Discrimination-An entity or affiliate who has been placed on the discriminatory vendor list
Page 4 of 5
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.
15. The Parties agree to comply with s.20.055(5),Florida Statutes,and to incorporate in all subcontracts
the obligation to comply with s.20.055(5),Florida Statutes.
IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed the day
and year first above written.
CITY OF OCOEE,FLORIDA
(LOCAL GOVERNMENT)
By: .5•t6 d`I oeheYd
Rusty ohnsd6
Mayor
Attest: (SEAL)
Melanie Sibbitt,
Clerk
Legal Approval
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
ff 111110 By: Mier ArL. . :s..
Alan . yman '4111r,
Director of Transportation S t erations
►�/ 16 ?42._ SEALAttest: / (SEAL)
Cr' s 1 bass
Exec1Secretary
,41/1111110
:al A.I royal
Page 5 of 5
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LANDSCAPE CONSTRUCTION AND MAINTENANCE
MEMORANDUM OF AGREEMENT
SIGNATURE PAGE
CITY OF OCOEE
al
a •
By:
Rusty Johns•li ayor
ATTEST:
,,,,7144....i: ..""dt.;%/i/
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED BY THE CITY OF OCOEE
COMMISSION IN A MEETING HELD ON
rdl (o , 2018
UNDER NDA I FLM NO. y
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this 674 day of
NI AR0A , 2O F
SHUFFIELD, LOWMAN&WILSON,
\P.A.
By: M-
Age I'l•City A orni
Y
V
Exhibit A
RESOLUTION NO. 2018-002
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
AUTHORIZING MAYOR TO SIGN A LANDSCAPE
CONSTRUCTION AND MAINTENANCE MEMORANDUM OF
AGREEMENT FOR LANDSCAPING WITHIN THE RIGHT OF
WAY ON HIGHWAY 50, AS MORE SPECIFICALLY PROVIDED
IN SAID AGREEMENT; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 6, 2018, City Commission of the City of Ocoee, in a duly noticed
public meeting, approved a Landscape Construction and Maintenance Memorandum of
Agreement (Agreement) with the Florida Department of Transportation (FDOT) for installation
and maintenance of landscaping within the right of way for Ocoee Retail at Maguire Road and
Highway 50; and
WHEREAS, in conjunction with the approval of this Agreement with FDOT, the City
Commission has authorized the honorable Mayor to execute said Agreement.
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 City Commission of the City of Ocoee, Florida, on behalf of the
City of Ocoee, hereby accepts the provisions outlined in the Landscape Construction and
Maintenance Memorandum of Agreement (Agreement) with the Florida Department of
Transportation (FDOT) and authorizes the honorable Mayor to execute the Agreement with the
1
1
FDOT for installation and maintenance of landscaping within the right of way for Ocoee Retail at
Maguire Road and Highway 50 and authorizes the attachment of this Resolution as Exhibit A
thereto.
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 shallbecome effective upon passage
and adoption.
PASSED AND ADOPTED this u day of Affit , 2018.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
) ,LL*-
Melanie Sibbitt, City Clerk Rusty Jo Mayor
(SEAL) READ AND ADOPTED
' prGh ,2018
UNDER AGENDA ITEM NO. 4
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,FLORIDA
APPROVED AS TO FORM AND LEGALITY
on this b" day of hA i2.0 - ,2018.
SHUFFIELD,LOWMAN & WILSON P.A.
By:
Sc o��' 'i ity Attor I • •
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EXHIBIT C
Landscape Maintenance Plan
Trees, Shrubs, Grass and any other Landscaping, Hardscaping and/or Streetscaping in the right-
of-way and referenced in the Agreement shall be maintained in accordance with FDOT Standards
and Procedures.
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EXHIBIT D
Maintenance of Traffic Plan
Sheet C900, Maguire and 50 Retail, FDOT Details, is attached which references various FDOT
Standard Indexes, each of which index is incorporated herein by reference.
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