1315 FDOT MOA0/S
PLANNING & DEVELOPMENT SERVICES
T RANSMITTAL MEMORANDUM
To: City Clerk
ICE: Request for Services
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
Development Order
Final Plat (original mylars)
Letter of Credit
Maintenance Bond
Ordinance
Performance Bond
Resolution
❑
Mayor's signature
❑
Recording
❑
Rendering
Q
Safe keeping (Vault)
❑
Once completed, please:
❑ Return original
❑ Return copy
❑
1
Special - i N i=cy
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Please advise if you have any questions regarding the above.
Thank you!
From
7- lr s 2a/ O
Date
T:\Dept_forms \City Clerk Transmittal Memo - 2009.doc
ail
Florida Department of Transportation
CHARLIE CRIST
GOVERNOR
General Counsel Office
(386) 943 -5496
July 2, 2010
Mr. Marc Hultin
City of Sanford
Public Works Department
300 North Park Avenue
Sanford, Florida 32771
719 South Woodland Boulevard STEPHANIE C. KOPELOUSOS
Deland, FL 32720 SECRETARY
Re: HIGHWAY LANDSCAPE CONSTRUCTION AND MAINTENANCE
MEMORANDUM OF AGREEMENT
Dear Mr. Hultin:
Enclosed is an original executed HIGHWAY LANDSCAPE CONSTRUCTION AND
MAINTENANCE MEMORANDUM OF AGREEMENT, dated June 30, 2010, with attached exhibits
signed and sealed plans.
Singer ,
M. Joanne Schwebach
Senior Attorney
Enclosure
www.dot.state.fl.us
d 1 k r
HIGHWAY LANDSCAPE CONSTRUCTION AND MAINTENANCE
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this day of ] UnJJE 2010, 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 SANFORD, a municipality of the State of Florida, existing under the Laws of Florida,
hereinafter called the "AGENCY."
WITNESSETH
WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 15 -600,
Section 77010, as part of the State Highway System; and
WHEREAS, the AGENCY seeks to install and maintain certain landscaping within the right
of way of State Road 15 -600, Section 77010; and
WHEREAS, the DEPARTMENT agrees that landscaping should be installed and
maintained as proposed by AGENCY; and
WHEREAS, Rule 14- 40.003(3)(c), Florida Administrative Code, requires the parties to
enter into an Agreement designating and setting forth the responsibilities of each party; and
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
The AGENCY hereby agrees to install or cause to be installed landscaping on the highway
facility as specified in the Landscape Plan(s) included as Exhibit "A." Such installation shall
be in conformance with Rule 14- 40.003, Florida Administrative Code, as it may be amended
from time to time. The AGENCY shall not change or deviate from said plan(s) without
written approval of the DEPARTMENT.
2. The AGENCY agrees to maintain the landscaping in accordance with the Landscape
Maintenance Plan(s) included as Exhibit `B." Said maintenance will be in accordance with
Rule 14- 40.003, Florida Administrative Code, as it may be amended from time to time. The
AGENCY's responsibility for maintenance shall be consistent with the requirements of
Rule 14- 40.003(3)(a)8, Florida Administrative Code. The above named functions to be
performed by the AGENCY, shall be subject to periodic inspections by the
DEPARTMENT. The AGENCY shall not change or deviate from said plan(s) without
written approval of the DEPARTMENT.
3. All landscape installation and maintenance activities undertaken by AGENCY shall be in
accordance with the Work Zone Traffic Control Plan included as Exhibit "C" and Rule 14-
40.003(5), Florida Administrative Code.
4. If at any time after the AGENCY has assumed the landscaping installation or 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 Director of Transportation or his/her designee may issue a written
notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY
to place said AGENCY on notice thereof. The certified letter shall be sent to: Interim City
Manager Tom George, P.O. Box 1788, Sanford, Florida 32772 -1788. Thereafter the
AGENCY 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 its
contractor's personnel, and invoice the AGENCY for the reasonable cost incurred or
deduct the reasonable cost incurred from funds otherwise due the AGENCY by the
DEPARTMENT.
(b) If installation has been properly completed or if the DEPARTMENT elects not to
complete the landscaping under (a) above, and maintenance by AGENCY is not in
compliance with paragraphs 2 or 3, the DEPARTMENT may take action to maintain
the landscaping or a part thereof, with DEPARTMENT or its contractor's personnel,
and invoice the AGENCY for the reasonable cost incurred or deduct the reasonable
cost incurred from funds otherwise due the AGENCY by the DEPARTMENT, or
(c) The DEPARTMENT may terminate the AGREEMENT, in which case the
AGENCY 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
AGENCY will own such materials as it removes and the DEPARTMENT shall own
any materials remaining. The DEPARTMENT may, in its discretion, remove,
relocate or adjust the landscaping materials, with DEPARTMENT or its contractor's
personnel, and invoice the AGENCY for the reasonable cost incurred or deduct the
reasonable cost incurred from funds otherwise due the AGENCY by the
DEPARTMENT.
Upon DEPARTMENT action under one of the above options and upon direction of the
DEPARTMENT, AGENCY 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 AGENCY shall be given sixty (60)
calendar days notice to remove said landscaping/hardscape after which time the
DEPARTMENT may remove the same.
2
6. AGENCY may utilize its employees or third parties to accomplish its obligations under
paragraphs 1, 2 or 3; however, AGENCY 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 term of this AGREEMENT commences upon execution. The AGENCY shall notify or
cause the Department's Oveido Maintenance Engineer or his or her or 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
AGENCY may proceed with the project.
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.
9. This AGREEMENT may not be assigned or transferred by the AGENCY in whole or part
without the consent of the DEPARTMENT.
10. This AGREEMENT shall be governed by and construed in accordance with the laws of the
State of Florida. In the event of a conflict between any portion of the AGREEMENT and
Florida law, the laws of Florida shall prevail.
11. Public Enti . 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, proposal, or reply on a
contract to provide any goods or services to a public entity; may not submit a bid, proposal,
or rely on a contract with a public entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies 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.
12. Anti - Discrimination - An entity or affiliate who has been placed on the discriminatory
vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a
public entity for the construction or repair of a public building or public work; may not
submit bids, proposals, or replies 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 WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first above written.
CITY OF SANFORD
(AGENCY)
Linda K
Mayor
Attest: "�-` --�J�� �EAL)
AT,,�ity Clerk
For use and reliance of the
Sanford City Commission only.
Approved as to form and legality.
G
Assistant City Attorney
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
it
By:
Alan E. ym
Director of
yr
ansportatL Operations
District Five
Attest:
Je fer Wy
Ex utive Secretary
EXHIBIT B
LANDSCAPE MAINTENANCE PLAN
Refer to sheet L -4 of Landscape Plan
EXHIBIT C
MAINTENACE OF TRAFFIC
Refer to sheets L -6 & L -7 of Landscape Plan