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HomeMy WebLinkAboutResolution No. 26-99RESOLUTION NO. 26-99 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE NEW FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on May 16, 2001, the City executed an agreement with the Florida Department of Transportation to provide maintenance on landscaped areas on Atlantic Boulevard and portions of Mayport Road, both state-owned roads; and WHEREAS, the City desires to continue to maintain landscaped areas on Atlantic Boulevard and portions of Mayport Road; and WHEREAS, areas to be maintained are identified in Exhibit "A" of the New Maintenance Agreement; and WHEREAS, the proposed new Maintenance Agreement term is November 1, 2026, through October 31, 2029, with the City being compensated $41,708.35 per year for providing this maintenance. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. The City Manager is hereby authorized to execute the New Maintenance Agreement (attached) with the Florida Department of Transportation, covering the period of November 1, 2026 through October 31, 2029. SECTION 2. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, this I CP day of August 2026. r Cu For , Ma or ATTEST Q�E'7Z9ZlL �% Donna L. Bartle, City Clerk Approved as to form and correctness: Jason 14driel, C MAttorney MAINTENANCE AGREEMENT THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into by and between the State of Florida Department of Transportation ("Department") and the City of Atlantic Beach, Florida ("Agency"). -RECITALS- 1. The Department owns and the Agency currently maintains those portions of the state highway system identified in Exhibit "A" ("Property"); and 2. The Agency desires to continue maintenance responsibilities of the Property; and 3. The Property is within or adjacent to the corporate limits of the Agency; and 4. The Department is amenable to the Agency's desires and will compensate the Agency for their maintenance efforts pursuant to Section 335.055, Florida Statutes, and in accordance with the terms and conditions of this Agreement; and 5. The Agency will be compensated quarterly at such time as Agency provides a completed copy of the form identical to attached Exhibit "B" demonstrating completion of the quarterly maintenance responsibilities required by the terms and conditions of this Agreement accompanied by a quarterly inspection report; and 6. The Agency, by Resolution/Ordinance No. dated attached as Exhibit "C", authorizes its officers to enter this Agreement. NOW THEREFORE, with full knowledge and understanding of the laws governing the subject matter of this Agreement, and in consideration of the foregoing recitals and the mutual covenants and conditions contained in this Agreement, the parties, intending to be legally bound, acknowledge and agree as follows: 1. RECITALS & EXHIBITS The above recitals and attached exhibits, if any, are specifically incorporated by reference and made part of this Agreement. 2. EFFECTIVE DATE The "Effective Date" of this Agreement shall be the date the last of the parties to be charged executes the Agreement. 3. TERM The term of this Agreement shall be for a period of three (3) consecutive years, unless otherwise terminated by the Department in writing. The operation, maintenance, and repair duties required by paragraph 6, below, will actually commence on_11/1/26 4. E -VERIFY The Agency (A) 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 Agency during the term of the contract; and (B) 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. 5. COMPLIANCE The Agency shall perform this Agreement, in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, Approval by Legal 03/05/26 Page 1 guidelines, standards and permits, as the same may be constituted and amended from time to time, including, without limitation, those of the Department, St. Johns River Water Management District, Florida Department of Environmental Protection, Environmental Protection Agency, Army Corps of Engineers, United States Coast Guard, St Johns County, Florida and other local governmental entities ("Governmental Law"). 6. OPERATION, MAINTENANCE & REPAIR A. The Agency shall operate, maintain & repair the Property in accordance with the terms and provisions of this Agreement. For purposes of this Agreement, unless otherwise noted in Exhibit "A", the locations to be maintained by the Agency shall be maintained pursuant to the maintenance standards as defined in the Department's Maintenance Rating Program ("MRP") Handbook and in accordance with Department Procedure, Roadway and Roadside Maintenance, Topic No. 850-000-015-I, and all Governmental Law, as defined in Paragraph 5, above. Should the Department determine that any item of maintenance related to the Property or Improvements has fallen below the desired maintenance standard, the Agency agrees to immediately bring the deficient item up to the maintenance standard, at its sole cost and expense. The Agency will not be held responsible for a failed MRP rating, so long as such rating is not based on any negligence, intentional or wrongful act, omission or breach of contract by the Agency. B. The Agency shall, at a minimum, maintain all Department turf and Agency planted landscape areas within the limits of the Property set forth in attached Exhibit "A", including, without limitation, by performing the following: (1) Routinely mow, cut and trim all grass and turf within the Department right of way limits{total Greenscape) as well as remove grass and turf clippings from the roadway/curb/sidewalk and Americans with Disabilities Act (ADA) ramps at a frequency necessary to ensure the Department's Maintenance Rating Program (MRP) requirements are met, but no less than one (1) time per month from March to November. Work shall be in accordance with the State of Florida "Guide for Roadside Vegetation Management" (2012), as the same may be constituted and amended from time to time, and the local National Pollutant Discharge Elimination System (NPDES) permit requirements; and (2) For aesthetic purposes and for the benefit of the health, safety and welfare of those members of the public traversing or otherwise utilizing the Property, routinely prune, trim, and remove sucker growth from trees and bushes one (1) time per year to ensure sight distance requirements are met. Locations where there are "mass plantings" (identified in Exhibit A with an asterisk) will be addressed on an "As -Needed" basis and not subject to the one (1) time per year requirement. This includes all existing trees in the landscaped area that are part of the permit and/or agreement and does not include overhanging limbs from private property and/or non -landscape plant installations in the right-of-way limits. (3) Routinely remove dead, diseased, or otherwise deteriorated plants and trees a minimum of one (1) time per calendar month; and replace with like materials a minimum of one (1) time per year; and (4) Routinely perform a litter clean-up cycle to remove litter and debris from the Property a minimum of one (1) time per calendar month; Agency is not responsible to respond to call of spills, debris, or other needed clean-up events outside of the required litter clean-up cycles; and (5) Remove and dispose of all grass clippings, trimmings, roots, litter, and other material resulting from the activities described herein; and (6) Routinely eliminate unwanted vegetation from planting beds, sidewalks, traffic separators, ADA ramps, and curb and gutter joints on an as -needed basis but no less than three (3) times per year on a four (4) -month cycle, i.e., March, July, October; (this includes removing all vegetation and crack weeds from concrete median traffic separators, sidewalk joints, and gutters within limits of project utilizing chemical (herbicide) and/or mechanical means (edging and sweeping); physical removal shall be within thirty (30) days of any chemical application). Approval by Legal 03/05/26 Page 2 (7) Routinely Schedule (minimum two (2) times per year) joint field reviews of sites covered under this Agreement; both Agency and FDOT personnel shall participate. C. The Department and the Agency shall be responsible jointly for clean-up, removal, and disposal of debris within the Property following and resulting from natural disasters, including, without limitation, hurricanes and tornadoes. D. If the Department determines that the Agency is not maintaining the Property in accordance with the terms and provisions of this Agreement, the Department shall deliver written notification of such to the Agency. The Agency shall have thirty (30) days from the date of the Department's written notice, or such other time as the Department and the Agency mutually agree in writing, to correct the deficiency and provide the Department with written notice of the same. E. If the Department determines that the deficiency remains after receipt of the Agency's written notice indicating that the deficiency was corrected, the Department, within its discretion, shall: (1) provide the Agency with written authorization granting such additional time as the Department deems appropriate to correct the deficiency; or (2) correct the deficiency at the Agency's sole cost and expense. Should the Department elect to correct the deficiency, the Department shall provide the Agency with an invoice for the costs incurred by the Department to correct the deficiency and the Agency shall pay the invoice in accordance with the "Payment" section of this Agreement. F. If at any time in the sole determination of the Department, the integrity or safety of the Property requires immediate maintenance for the benefit of public health, safety or welfare, the Department may perform such maintenance it deems appropriate under the circumstances. The Department shall attempt to notify the Agency prior to action under this section but may take necessary steps to correct emergency situations prior to such notification in order to prevent eminent danger to public health, safety, or welfare. G. The Parties' representatives and points of contact for the administration of this Agreement shall be identified in the "Notice" section of this Agreement. 7. MAINTENANCE OF TRAFFIC A. The Agency shall be responsible for Temporary Traffic Control ("TTC") at all times during the performance of this Agreement. TTC shall be performed in accordance with applicable Governmental Law and the most current edition of each of the following, as the same may be constituted and amended from time to time, all of which are incorporated herein and made part of this Agreement by reference: (1) Section 102 of the Department's Standard Specifications for Road and Bridge Construction; (2) the Manual on Uniform Traffic Control Devices; (3) the Department's Standard Plans, Index 102-600; and (4) other applicable Governmental Law. B. If the Agency fails to perform TTC as required herein, the Department, within its discretion, may elect to perform TTC at the Agency's sole cost and expense. Should the Department perform TTC, the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice in accordance with the "Payment" section of this Agreement. 8. IMPROVEMENTS & MODIFICATIONS A. The Department may require the Agency to improve or modify the Property or Improvements if the Department determines: (1) improvements or modifications are required by applicable Governmental Law; or (2) improvements or modifications will benefit the Department in the conduct of its business. B. Required improvements and modifications shall be subject to the terms and provisions of this Agreement, specifically including, without limitation, the "Maintenance" section of this Agreement. C. Improvements and modifications shall be constructed and completed by the Agency within sixty (60) days of the date of the Department's written notice requiring improvements or modifications. Approval by Legal 03/05/26 Page 3 9. ADDITIONAL LANDSCAPING The Agency shall not install additional landscaping within the Property without first seeking and obtaining required approvals and permits from the Department. Such additional landscaping shall be automatically included within, and subject to, the provisions of this Agreement. 10. PERMISSIVE USE This Agreement creates a permissive use only. The Agency shall not acquire any right, title, interest, or estate in the Property by virtue of the execution, operation, effect or performance of this Agreement. 11. EMINENT DOMAIN AND DAMAGES Under no circumstances shall the Department's exercise of any right provided in this Agreement create any right, title, interest or estate entitling the Agency to full and just compensation from the Department either through inverse condemnation or eminent domain laws or any similar laws regarding the taking of property for public purposes. The Agency forever waives and relinquishes all legal rights and monetary claims which it has, or which may arise in the future, for compensation or damages, including, without limitation, special damages, severance damages, removal costs, and loss of business profits resulting in any manner from the Department's exercise of any right provided in this Agreement. This waiver and relinquishment specifically includes all damages flowing from adjacent properties owned, leased or otherwise controlled by the Agency, as a result of the Department's exercise of any right provided in this Agreement. 12. REMOVAL The Department may require modification, relocation or removal of the landscaping, plants, trees, and other improvements located on or within the Property without liability to the Agency if: (1) any such improvements are not maintained in accordance with the terms and provisions of this Agreement; (2) modification, relocation or removal of any such improvements is required by applicable Governmental Law; or (3) the Department determines that modification, relocation or removal of any such improvements is necessary or will benefit the Department in the conduct of its business. The Agency shall modify, relocate or remove improvements designated by the Department for modification, relocation or removal and shall restore the Property to a condition that satisfies the requirements of applicable Governmental Law within thirty (30) days of the Department's written notice requiring modification, relocation or removal. The Agency shall bear all cost and expense of the modification, relocation, removal and restorative work, including, without limitation, the cost of required permits. 13. PAYMENTS TO AGENCY A. The Department shall compensate the Agency for the performance of this Agreement in the amount of $10,427.09 per quarter for a total sum of $41,708.35 per year. Payments shall commence at the conclusion of the first three-month period following the Effective Date of this Agreement, upon the Department's written acceptance of the Agency's completion of the quarterly maintenance responsibilities by the Department. The Department shall suspend payment of any sums due hereunder without penalty or interest if the Agency is in breach of any term or provision of this Agreement at the time payment is due. In the event this Agreement is terminated, payment shall be prorated for the quarter in which termination occurs. B. Prior to each quarterly payment, the Agency shall provide a completed copy of the form identical to attached Exhibit "B" demonstrating completion of the quarterly maintenance responsibilities in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and verifiable deliverables of the maintenance responsibilities established in Paragraph 6(13)(1-7), above, as required by the terms and conditions of this Agreement. In addition, perform, document (in a format acceptable to the Department), and submit quarterly landscape inspection reports for each roadway section, drawing data from the Agency database and including photographic documentation of any deficiencies and their subsequent correction. The inspection reports shall include but are not limited to: date of inspection, description of the project, location of the inspection, condition of the plants, agency response and action taken, schedule of activities, a minimum of five date stamped photographs per roadway section illustrating the overall conditions, and any other necessary commentary. If plant conditions are no longer at a desired maintenance condition, the Agency Approval by Legal 03/05/26 Page 4 should indicate such on the report using the GIS Identification Number, as well as provide photo documentation illustrating the failure of the site and how the Agency will correct the failure. All required submittals shall accompany the quarterly invoices. Quarterly Invoices shall be deemed incomplete, and the Department will not process until all required submittals are received. Failure to timely submit a complete Inspection Report will result in the in the quarterly invoice not being processed and a 0.5% deduction to the quarterly payment amount applied daily until a complete Inspection Report is submitted. 14. PAYMENTS TO DEPARTMENT All Department invoices submitted to the Agency for payment pursuant to the terms and provisions of this Agreement are due and payable within thirty (30) days of the date of the invoice ("Due Date"). Any portion of an invoice not received by the Department by the Due Date shall immediately thereafter begin accruing interest at a rate of interest established pursuant to §55.03, Fla. Stat., until paid in full. 15. INDEMNIFICATION A. The Agency shall promptly defend, indemnify, hold the Department harmless from and pay all demands, claims, judgments, liabilities, damages, fines, fees, taxes, assessments, costs, losses, penalties, construction delay costs / penalties, expenses, attorneys' fees and suits of any nature or kind whatsoever caused by, arising out of or related to the Agency's performance, or breach, of this Agreement ("Liabilities"). The term "Liabilities" shall also specifically include all civil and criminal environmental liability arising, directly or indirectly under any Governmental Law, including, without limitation, liability under the Resource Conservation and Recovery Act ("RCRA"), the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), the Clean Air Act ("CAA") and the Clean Water Act ("CWA"). The Agency's duty to defend, indemnify and hold the Department harmless specifically does not encompass indemnifying the Department for its negligence, intentional or wrongful acts, omissions or breach of contract. B. The Agency shall notify the Department in writing immediately upon becoming aware of any Liabilities. The Agency's obligation to defend, indemnify and hold the Department harmless from any Liabilities, or at the Department's option to participate and associate with the Department in the defense and trial of any Liabilities, including any related settlement negotiations, shall be triggered by the Department's written notice of claim for indemnification to the Agency. The Agency's inability to evaluate liability, or its evaluation of liability, shall not excuse performance of the provisions of this paragraph. 16. SOVEREIGN IMMUNITY & LIMITATION OF LIABILITY Nothing in this Agreement shall be deemed or otherwise interpreted as waiving the Department's sovereign immunity protections, or as increasing the limits of liability set forth in §768.28, Florida Statutes, as the same may be amended from time to time. Nothing in this Agreement shall be deemed or otherwise interpreted as waiving the Department's limits of liability set forth in sections 376.305 and 337.27(4), Florida Statutes, as the same may be amended from time to time. The Department's liability for breach of this Agreement is specifically: (1) limited to actual damages incurred by the Agency as a direct result of the Department's breach; and (2) further limited in amount and shall not, under any circumstances, exceed the limitations of liability for tort actions set forth in §768.28(5)(a), Florida Statutes, as the same may be amended from times to time. 17. NOTICE All notices, communications and determinations between the parties hereto and those required by this Agreement, including, without limitation, changes to the notification addresses set forth below, shall be in writing and shall be sufficient if mailed by regular United States Mail, postage prepaid, to the parties at the following addresses: Department: Florida Department of Transportation Attention: Maintenance Manager/Contracts 2198 Edison Avenue Jacksonville, Florida 32204 Approval by Legal 03/05/26 Page 5 Agency: City of Atlantic Beach ATTN: Matt Krug 800 Seminole Road Atlantic Beach, Florida 32233 18. GOVERNING LAW This Agreement shall be governed in all respect by the laws of the State of Florida. 19. INITIAL DETERMINATION OF DISPUTES The Department's District Two Secretary ("District Secretary") shall act as the initial arbiter of all questions, difficulties, and disputes concerning the interpretation, validity, performance or breach of this Agreement. 20. VENUE AND JURISDICTION A. Venue for any and all actions arising out of or in any way related to the interpretation, validity, performance or breach of this Agreement that are not resolved to the mutual satisfaction of the parties by the Department's District Secretary shall lie exclusively in a state court of appropriate jurisdiction in Leon County, Florida. B. The Agency and all persons and entities accepting an assignment of this Agreement, in whole or in part, shall be deemed as having consented to personal jurisdiction in the State of Florida and as having forever waived and relinquished all personal jurisdiction defenses with respect to any proceeding related to the interpretation, validity, performance or breach of this Agreement. 21. JURY TRIAL The parties hereby waive the right to trial by jury of any dispute concerning the interpretation, validity, performance or breach of this Agreement, including, without limitation, damages allegedly flowing there from. 22. ASSIGNMENT The Agency may not assign, pledge or transfer any of the rights, duties and obligations provided in this Agreement without the prior written consent of the Department's District Secretary or his/her designee. The Department has the sole discretion and authority to grant or deny proposed assignments, with or without cause. Nothing herein shall prevent the Agency from delegating its duties hereunder, but such delegation shall not release the Agency from its obligation to perform this Agreement. 23. THIRD PARTY BENEFICIARIES This Agreement shall be binding upon and inure to the benefit of the parties hereto 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 herein. 24. VOLUNTARY EXECUTION OF AGREEMENT Each party warrants and represents to the other: (i) that it understands all of the rights and obligations set forth in this Agreement and the Agreement accurately reflects the desires of said party; (ii) each provision of this Agreement has been negotiated fairly at arm's length; (iii) it fully understands the advantages and disadvantages of this Agreement and executes this Agreement freely and voluntarily of its own accord and not as a result of any duress, coercion, or undue influence; and (iv) it had the opportunity to have independent legal advice by counsel of its own choosing in the negotiation and execution of this Agreement. 25. ENTIRE AGREEMENT This instrument, together with the attached exhibits and documents made part hereof by reference, contains the entire agreement of the parties and no representations or promises have been made except those that are specifically set out in this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged agreements and representations, covenants, and warranties with respect to the subject matter of this Agreement, and any part hereof, are waived, merged herein and superseded hereby. Approval by Legal 03/05/26 Page 6 26. SUFFICIENCY OF CONSIDERATION By their signature below, the parties hereby acknowledge the receipt, adequacy and sufficiency of consideration provided in this Agreement and forever waive the right to object to or otherwise challenge the same. 27. WAIVER The failure of either party to insist on the strict performance or compliance with any term or provision of this Agreement on one or more occasions shall not constitute a waiver or relinquishment thereof and all such terms and provisions shall remain in full force and effect unless waived or relinquished in writing. 28. 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. 29. CAPTIONS Paragraph title or captions contained herein are inserted as a matter of convenience and reference and in no way define, limit, extend or describe the scope of this Agreement or any provision hereof. 30. SEVERANCE If any section, paragraph, clause or provision of this Agreement is adjudged by a court, agency or authority of competent jurisdiction to be invalid, illegal or otherwise unenforceable, all remaining parts of this Agreement shall remain in full force and effect and the parties shall be bound thereby so long as principle purposes of this Agreement remain enforceable. 31. COMPUTATION OF TIME In computing any period of time prescribed in this Agreement, the day of the act, event or default from which the designated period of time begins to run, shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday or legal holiday. 32. MODIFICATION OF AGREEMENT A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. 33. VENDOR OMBUDSMAN A Vendor Ombudsman has been established with the Department of Banking and Finance. The duties of the Vendor Ombudsman include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted by calling the State Comptroller's Hotline at 1-800-848-3792. 34. ANNUAL APPROPRIATION / FUNDING Pursuant to §339.135(6)(a), Florida Statutes, the Department's obligation to fund this Agreement is contingent upon annual appropriation by the Florida Legislature. This Agreement may be terminated by the Department without liability to the Agency if sufficient funds are not appropriated to the Department. The provisions of §339.135(6)(a), Florida Statutes, are set forth herein verbatim and made part of this Agreement, to wit: "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 is null and void, and no money may be paid on such contract. 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 periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be Approval by Legal 03/05/26 Page 7 incorporated verbatim in all contracts of the department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 35. PUBLIC RECORDS Agency shall comply with Chapter 119, Florida Statutes. Specifically, the Agency shall: A. Keep and maintain public records that ordinarily and necessarily would be required by the Department to perform this Agreement. B. Upon request from the Department's custodian of public records, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion of the Agreement if Agency does not transfer the records to the Department. D. Upon completion of this Agreement, transfer, at no cost, to the Department all public records in possession of Applicant or keep and maintain public records required by the Department to perform this Agreement. If Agency transfers all public records to the public Agency upon completion of this Agreement, Agency shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Agency keep and maintain public records upon completion of this Agreement, Agency shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department's custodian of public records, in a format that is compatible with the information technology systems of the Department. Failure by Agency to act in accordance with Chapter 119 and the foregoing shall be grounds for immediate unilateral cancellation of this Agreement by the Department. Agency shall promptly provide the Department with a copy of any request to inspect or copy public records in possession of Agency and shall promptly provide the Department a copy of Applicant's response to each such request. IF THE CONSULTANT/CONTRACTOR/VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S/CONTRACTOR'S/VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: District 2 386-758-3727 D2prcustodian@ dot.State.FL.us Florida Department of Transportation District 2 - Office of General Counsel 1109 South Marion Avenue, MS 2009 Lake City, FL 32025 Approval by Legal 03/05/26 Page 8 IN WITNESS WHEREOF, intending to be legally bound hereby, the parties execute this Agreement consisting of nine (9) pages, exclusive of exhibits. Florida Department of Transportation Attest: By: Printed Name: Travis Humphries, P.E. Title: District Two Director of Operations Date: Bv: Printed Name: Elizabeth Engle Title: Executive Secretary Date: Legal Review: By: Office of the General Counsel Florida Department of Transportation Agency By: Printed Name: Title: Date: Legal Review: By: Legal Counsel for Agency Attest: By: Printed Name: Title: Date: Approval by Legal 03/05/26 Page 9 INTENTIONALLY LEFT BLANK Approval by Legal 03/05/26 Page 10 EXHIBIT "A" Exhibit "A" City ofAdantic Beach Maintenance Agreement Maintenance Location & Activities Billing Period: Approval by Legal 03/05/26 Page 11 Pruning & Small Trimming Weed Control State Machine (Trees & Manual (acre) - Storm Water Litter Road No. Street Name From To Mowing Shrubs) (Per Report Gal. Management Removal Edging (mile) (aces) (ares) (acres) mile) - Report Concrete Areas MH 485 492 494 498 541 545 10 Atlantic Blvd. East of Intracoastal 3rd St. 3.49 0.50 0.24 0.68 5.30 3.30 Waterway Bridize 101 Mayport Rd. Atlantic Blvd. Assisi Rd. 2.39 0.50 0.95 7.21 8.70 101 Mayport Rd. Ditch @ Saratoga Cir. S 1.50 0.74 1.50 101/AlA Mayport Rd. Ditch @ Fleet Landing Shangri La Dr. 0.70 2.77 0.70 Blvd./behind gas station 4th & Sth St. Retention Pond "B" off 0.90 1.00 0.90 Mayport Rd. @ Begonia Retention Pond "C" off 0.62 0.86 0.62 Atlantic Blvd. A 101 Mayport Rd. Pond k 3 @ Hotel 0.92 0.32 0.92 101 off Mayport Rd. Robert St. Dudley St. 0.21 0.21 Totals 10.73 1.00 1.19 6.37 17.36 12.00 6 Cycles Per Year 9 1 6 4 12 72.00 Total Qty's. Per Year 96.57 1.00 7.14 25.48 208.32 18.00 Quarterly Totals 24.14 0.25 1.79 6.37 52.08 $90.00 Unit Cost $160.00 $4,000.00 $250.00 $11,348.57 $12.69 $6,480.00 Total Cost Per Year $15,451.20 $4,000.00 $1,785.00 $11,348.57 $2,643.58 Overall Yearly $41,708.35 Cost Quarterly $10,427.09 Amount Approval by Legal 03/05/26 Page 11 EXHIBIT "B" (MAINTENANCE ACTIVITIES CHART) Activity Activity Title Activity Description Number Completion Date Completion Date 485 Small Machine Mowing Mowing the roadside with small hand or riding mowers having a cutting width of 40 inches or less. 492 Tree Trimming 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). To include the chipping and/or 494 Gallons removal of all debris from work site. 494 Chemical Weed and The application of herbicides to slopes, ditches, fences, guardrail, barrier walls, bridges, 498 Grass Control sidewalks, curb and gutter, obstructions, shoulders, and other areas not accessible to mowers. 498 Storm Water All efforts required to maintain Surface/Storm Water Management Systems functioning as 541 Management designed and permitted. 541 Roadside Litter Cleaning roadways and roadsides of debris, such as cans, bottles, paper, trash, and Adopt -A - 545 Removal Highway litter. Includes the hauling and disposal of litter. Does not include wayside parks, rest areas and service plaza barrels. 545 Edging & Sweeping Removal of vegetation and debris from the curb, gutter, traffic separators, flumes, and sidewalk. Agreement #: Quarterly Billing Period: Work Activity Number Unit of Measure Units Completed Completion Date Completion Date Completion Date 485 Acres 492 Manhour 494 Gallons 498 Acres 541 Acres 545 Mile Approval by Legal 03/05/26 Page 12 EXHIBIT "C" (RESOLUTION) Approval by Legal 03/05/26 Page 13