Item 6AAGENDA ITEM # 6A
JUNE 11, 2007
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: MAINTENANCE AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) FOR MAYPORT
ROAD MEDIANS
SUBMITTED BY: Rick Carper, P.E., Public Works Director
DATE: May 31, 2007
BACKGROUND: FDOT has requested the City enter into aLandscape / Streetscape
Maintenance Agreement for the landscaped medians to be
installed between the Flyover and Dutton Island Road by the
Mayport Road Resurfacing and Median Project. Because the
landscaped medians are being installed at City request, FDOT will
not reimburse the City for this maintenance as they do for the
Atlantic Boulevard medians, Mayport Road corridor and other areas
done under separate Local Maintenance contract between FDOT
and Atlantic Beach.
Maintenance work involves street sweeping, mowing, litter removal,
edging, tree trimming and pruning. Under separate Local
Maintenance contract, FDOT already pays the City to maintain the
right of way from Atlantic Boulevard to Assisi Lane.
RECOMMENDATION: Staff recommends approval of this Maintenance Agreement,
that the Commission pass a Resolution approving the new
Agreement as required by the FDOT, and authorize the City
Manager to sign the Maintenance Agreement.
ATTACHMENTS: Resolution No. 07 - 04
FDOT -Maintenance Agreement
REVIEWED BY CITY
MANAGER:
June 11"` Regular Meeting
AGENDA ITEM # 6A
JUNE i I, 2007
RESOLUTION NO. 07-04
A RESOLUTION OF T HE CITY OF A'T'LANTIC BEACH AUTHORIZING 'THE
CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT
BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE
DATE
WIIEREAS, the City and the Florida Department of Transportation are preparing to
undertake a project which is known as Landscaping on SR 101 / Mayport Road from West 7~'
Street to Dutton Island Road in Duval County Florida, Financial Project ID: 208828-2-58-1,
which will be of benefit to the City; and
WHEREAS, the City desires to maintain the median landscaped areas on Mayport Road;
and
WHEREAS, the project requires agreement by the City to maintain the section of the
project on SR 101 / Mayport Road from West 7~' Street to Dutton Island Road.
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 Maintenance
Agreement with the Florida Department of Transportation on behalf of the City of Atlantic
Beach.
SECTION 2. This Resolution shall take effect immediately upon its final passage and
adoption.
PASSED AND ADOPTED by the City of Atlantic Beach, this 11th Day of June 2007.
DONALD M. WOLSON
Mayor
ATTEST:
DONNA L. BUSSEY, CMC
City Clerk
Approved as to form and correctness:
ALAN C. JENSEN
City Attorney
AGENDA ITEM # 6A
JUNE 11, 2007
Financial Project ID: 208828-2-58-01
STATE HIGHWAY SYSTEM PROJECTS
Landscape/Streetscape Maintenance Agreement
THIS AGREEMENT, made and entered into this day of
by and between the STATE OF
FLORIDA, DEPARTMENT OF TRANSPORTATION, hereinafter called the
"DEPARTMENT" and the CITY OF ATLANTIC BEACH, FLORIDA, hereinafter called the
"AGENCY".
WITNESSETH
WHEREAS the DEPARTMENT is preparing to undertake a project which is
known as the Landscaping on SR 101/Mayport Road from West 7th Street to Dutton
Island Road in Duval County, Florida, Financial Project ID: 208828-2-58-01., which will
be of benefit to the AGENCY; and
WHEREAS, the Agency, by Resolution No. , a copy of which
is attached hereto as Exhibit "B", and made a part hereof, has authorized its officers to
execute this Agreement on its behalf; and
WHEREAS, the project requires agreement by the AGENCY to maintain the
section of the project on SR 101/Mayport Road from West 7th Street to Dutton Island
Road.
NOW, THEREFORE, in consideration of the premises, the parties agree:
The AGENCY shall appoint a representative for the administration of this
Agreement. The AGENCY representative will be the "contact" for the
DEPARTMENT'S local Maintenance Engineer and/or his/her representative
concerning all aspects of this Agreement, including communications with the
public and/or political officials. The AGENCY shall be responsible for
maintenance of all landscaped and/or streetscaped areas within the
DEPARTMENT'S right-of-way having limits identified in the plans prepared as a
result of the associated Local Agency Program Agreement. The AGENCY shall
be responsible for the maintenance of traffic during all operations covered by this
Agreement, in accordance with Part VI of the Manual on Uniform Traffic Control
Devices and the current Roadway and Bridge Design Standards and any other
applicable standards. For the purpose of this Agreement, unless otherwise
noted, the locations to be maintained by the AGENCY shall be maintained to a
minimum standard so as to meet the Maintenance Rating Program's (MRP)
desired rating of 80. Should any item of maintenance fall below the desired
rating, the AGENCY agrees to immediately concentrate efforts and to bring the
deficient item up to a minimum MRP rating of 80. The AGENCY will not be
responsible for a below 80 rating if the cause and effect is not due to neglect by
the AGENCY.
2. The AGENCY shall, within the right-of-ways identified in plans prepared as a
result of the associated Local Agency Program Agreement, accomplish the
following during the term of this Agreement:
sHS 1
Landscape/Streetscape Maintenance Agreement
AGENDA ITEM # 6A
JUNE 11, 2007
Financial Project ID: 208828-2-58-01
A. Routinely mow, cut .and/or trim the grass or turf (includes total
greenscape) in accordance with State of Florida "Guide for Roadside
Mowing" (1990) and any amendments thereto. •
B. Properly prune all plants, which include:.
(1) Routinely trimming trees
(2) Routinely pruning such parts thereof which may present a visual
or other safety hazard for those using or intending to t~se the right
of way
C. Routinely remove dead, diseased or otherwise deteriorated plants.
D. Routinely keep litter removed from the right-of-way. '
E. Routinely remove and dispose of all trimmings, roots, litter, etc. resulting
from the activities described herein.
F. Routinely edge and sweep any excess grass from sidewalks, curbs and
gutters.
G. Routinely sweep roadways, curbs and gutters, valley gutters-,
intersections and barrier wall gutters.
3. The AGENCY and the DEPARTMENT shall be responsible jointly for clean-up,
removal and disposal of debris from DEPARTMENT right-of-ways described fey
the plans prepared as a result of the associated Local Agency Program
Agreement, or subsequent amended limits mutually agreed to in writing by both
parties, following a natural disaster (i.e. hurricane, tornadoes, etc.).
4. To the extent permitted by law, the AGENCY shall indemnify, defend, save and
hold harmless the DEPARTMENT and all its officers, agents, or employees from
all suits, actions, claims, demands, liability of any nature whatsoever arising out
of, because, or due to breach of this agreement by the AGENCY, its
subcontractor, agents or employees, or due to any negligent act, or occurrence
of omission of commission of the AGENCY, its subcontractors, agents or
employees. Neither the AGENCY nor any of its agents will be liable under this
section for damages arising out of injury or damages to persons or property
directly caused or resulting from the sole negligence of the DEPARTMENT or
any of its officers, agents, or employees. The parties agree that this clause shall
not waive the provisions of Section 768.28, F. S. or any similar provision of law.
5. If, at any time during the term of this Agreement, it shall come to the attention of
the DEPARTMENT'S District Secretary that the AGENCY is not properly
performing its maintenance and other responsibilities under this Agreement, said
District Secretary may at his option 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. Therefore, 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. Maintain the landscaping and/or streetscaping or a part thereof and
correct the listed deficiencies with DEPARTMENT or contractor's
personnel and invoice the AGENCY for expenses incurred, or
B. Terminate the Agreement in accordance with Paragraph 7 of this
Agreement and remove, by DEPARTMENT or contractor's personnel, all
sHS 2
Landscape/Streetscape Maintenance Agreement
AGENDA ITEM # 6A
JUNE 11, 2007
Financial Project ID: 208828-2-58-01
of the non-standard aesthetic landscaping and/or streetscaping installed
under this Agreement, install standard landscaping, and charge the
AGENCY the reasonable cost of such removal and re-installation.
The obligation of the AGENCY to reimburse the DEPARTMENT under this item
five (5) shall be deemed to survive the termination of this Agreement for any
reason, including, but not limited to, mutual termination as provided in item seven
(~)(B)•
6. It is understood between the parties that all areas and landscaping and/or
streetscaping covered by this Agreement may be deleted, removed, relocated, or
adjusted at any time in the future as found necessary by the DEPARTMENT in
order that the adjacent state road be widened, altered or otherwise changed and
maintained to meet the future criteria or planning of the DEPARTMENT.
7. This Agreement or part thereof is subject to termination under any one of the
following conditions:
A. In the event the DEPARTMENT exercises the option identified in items
five (5), six (6), and nine (9) of this Agreement.
B. Upon thirty (30) days written notice and mutual agreement of the parties.
In the event mutual termination is requested by the AGENCY, the
AGENCY shall remain obligated to reimburse the DEPARTMENT for its
maintenance costs for the unexpired term of this Agreement under item
(5)(A) or (5)(B) at the option of the DEPARTMENT, unless otherwise
agreed to, in writing, at the time of mutual termination.
8. The terms of this Agreement shall be in effect so long as the landscaping and/or
streetscaping is in place, commencing on the date the project is final accepted by
the DEPARTMENT.
9. In the event this Agreement extends beyond the DEPARTMENT'S current fiscal
year, the AGENCY and DEPARTMENT mutually agree that the
DEPARTMENT'S performance during subsequent fiscal periods is contingent
upon funds being appropriated, allocated, or otherwise made available by the
legislature.
Therefore, Section 339.135(6)(a), Florida Statutes (1995), is applicable to this
Agreement which states as follows: ~ -The DEPARTMENT, during any fiscal
year, may not expend money, incur any liability, or enter into any contract which,
by its terms involves the expenditure of money in excess of the amounts
budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation of this subsection shall be null and void, and
no money shall be paid thereon. The DEPARTMENT shall require a statement
from the Comptroller of the DEPARTMENT that funds are available prior to
entering into any such contract or other binding commitment of funds. Nothing
herein contained shall prevent the making of contracts for a period exceeding
one (1) year, but any contract so made shall be executory only for the
succeeding fiscal years; and this paragraph shall be incorporated verbatim in all
contracts of the DEPARTMENT in excess of $25,000.00 and having a term for a
period of more than one (1) year.
sHS 3
Landscape/Streetscape Maintenance Agreement
AGENDA ITEM # 6A
JiJNE 11.200'7
Financial Project ID: 208828-2-58-01
10. The AGENCY shall not have authority to add any landscaping to any of the
DEPARTMENT'S right-of-ways without first making written application to the
DEPARTMENT and receiving written approval from the DEPARTMENT pursuant
to the terms of this Paragraph 10. All requests and approvals shall be deemed to
have been made and given in agreement with and subject to the conditions set
forth below:
A. Plans for any new landscaping and/or streetscaping shall be subject to
prior written approval by the DEPARTMENT'S local Maintenance
Engineer. The AGENCY shall not change or deviate from said approved
plans without prior written approval from the Maintenance Engineer.
B. All landscaping and/or streetscaping shall be developed and implemented
in accordance with appropriate state safety and road design standards.
C. The AGENCY agrees to complete, execute and comply with all applicable
joint application, insurance forms and permitting requirements of the
DEPARTMENT related to construction and maintenance of additional
landscaping on the DEPARTMENT'S right-of-ways.
D. The AGENCY agrees that it shall not be entitled to receive nor shall the
DEPARTMENT be required to pay any payments due to any additional
landscaping and/or streetscaping that may be added pursuant to this
provision, including, but not limited to, any increase in the cost incurred by
the AGENCY to install, maintain, or remove the added landscaping and/or
streetscaping during the term of this Agreement, and any renewal thereof,
and/or subsequent to this Agreement's termination for any reason.
E. The AGENCY agrees to be solely responsible for the installation,
continuing maintenance and/or any removal and or restoration of any
approved additional landscaping and/or streetscaping, without cost to the
DEPARTMENT, pursuant to the requirements and standards established
by this Agreement, during the term of this Agreement and as it may be
later renewed and for such additional period, upon the expiration or
termination of this Agreement, as said additional landscaping remains on
the DEPARTMENT'S right-of-way. This Agreement being deemed to
survive its expiration and/or termination as to any additional landscaping
added pursuant to this item ten (10).
11. This writing embodies the entire Agreement and understanding between the
parties hereto and there are no other prior agreements or understandings, oral or
written with reference to the subject matter hereof that are not merged herein and
superseded hereby.
12. This Agreement is nontransferable and nonassignable in whole or in part without
the written consent of the DEPARTMENT.
13. This Agreement, shall be governed by, and construed according to the laws of
the State of Florida.
sHS 4
Landscape/Streetscape Maintenance Agreement
AGENDA ITEM # bA
JiINE 11, 2007
Financial Project ID: 208828-2-58-01
AGREEMENT DATE:
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed
their seals on the day and year first above written.
CITY OF ATLANTIC BEACH
BY:
TITLE:
DATE:
ATTEST:
TITLE:
(Seal)
APPROVED AS TO FORM:
Attorney
DATE:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
District Secretary
District 2
DATE:
ATTEST:
Executive Secretary (Seal)
APPROVED AS TO FORM AND
LEGALITY:
Office of District 2 General Counsel
DATE:
SHS 5
Landscape/Streetscape Maintenance Agreement