Resolution No. 02-18RESOLUTION NO.02-18
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE
MAYOR TO EXECUTE A MAINTENANCE CONTRACT BETWEEN THE
CITY OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE
Vvt~REAS, on May 16, 2001, the City executed an agreement with the Florida Department
of Transportation to provide maintenance on certain streets throughout the city; and
WHEREAS, the City desires to continue maintaining landscaped areas on Atlantic Boulevard
and Mayport Road and initiate maintenance at the new Mayport Road flyover; and
WHEREAS, the additional areas to be maintained are identified in Attachment "A" of the
attached agreement.
NOW THEREFORE, be it resolved by the City Commission ofthe City ofAtlantic Beach as
follows:
SECTION 1. The Mayor is hereby authorized to execute the Agreement for Maintenance
with the Florida Department of Transportation on behalf of the City of Atlantic Beach.
SECTION 3. This Resolution shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission of the City of Atlantic Beach this 26th day ofAugust, 2002.
ATTEST:
Maure n King /
Certified Municipal Clerk
~__._ ~'
Ap roved as t form and correctness:
~,
C. 3 n, Esquire
City A ey
Contract No. ~~3 `
F1NNo.: 4t~21Ct721~
County: -Duval
THIS AGREEMENT, by and between the STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION, hereinafter called the "DEPARTMENT" a component Agency of the State of Florida,
and .STT~' nF ATi.ANTT('' RF.AC'H ,hereinafter called the "CITY", effective as of the date
executed by the DEPARTMENT. -
WHEREAS, as part of its maintenance responsibilities for the STATE OF FLORIDA HIGHWAY
SYSTEM, the DEPARTMENT has been maintaining the existing limits. of the state highways identified in
Attachment "A" and made a part hereof, and
• WHEREAS,. the CITY desires to maintain portions of the state roads identified in Attachment "A" in
order to improve the aesthetic appeazance of the CITY and
WHEREAS, the entire lengths of the above-mentioned state highways are within or adjacent to the
corporate limits of the CITY; and
WHEREAS, the CITY, by Resolution No. dated , _24.42, attached hereto
and made a part hereof, desires to enter into this Agreement and authorizes its officers to do so.
NOW THEREFORE, for and in consideration of the mutual benefits each to flow to the other, the
parties covenant and agree as follows:
1. The CITY shall appoint a representative for the administration of this Agreement. The CITY
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 CITY shall be responsible for maintenance of all landscaped
and/or turfed areas within DEPARTMENT right-of--way having Iimits described in Attachment "A".
The CITY 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 in Attachment "A", the locations to be maintained by the
CITY 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 CITY
agrees to immediately concentrate efforts and to bring the deficient item up to a minimum MRP
rating of 80. The CITY will not be responsible for a below 80 rating if the cause and effect is not due
to neglect by the CITY.
2. The CITY shall, within the .right-of--ways identified in Attachment "A", accomplish the following
during the term of this Agreement:
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 includes:
(1) Routinely trimming trees.
(2) Routinely pruning such parts thereof which may present a visual or other safety
hazazd for those using or intending to use 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 CITY and the DEPARTMENT shall be responsible jointly for clean-up, removal and disposal of
debris from DEPARTMENT right of way described by Attachment "A", 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 CITY covenants and agrees. that it will indemnify and hold
harmless DEPARTMENT and all of DEPARTMENT's officers, agents. and employees, from any
claim, loss, damage, cost or charge of expense arising out of any act, action, neglect or omission by
CITY during the performance of this agreement, whether direct or indirect, and whether to any
person or property to which DEPARTMENT or said parties may be subject, except that neither CITY
nor any of its agents or contractors will be liable under this section for damages arising out of injury
or damage to persons or property directly caused or resulting from the sole negligence of
DEPARTMENT or any of its officers, agents or employees.
5. If, at any time after the CITY has assumed the landscaping installation and/or maintenance
responsibility above-mentioned, it shall come to the attention of the DEPARTMENT's District
.Secretary that the right-of--ways identif ed in Attachment "A" or a part thereof is not properly
maintained pursuant to the terms of this Agreement, said District Secretary may at his option issue a
written notice that a deficiency or deficiencies exist, by sending a certified letter to .the CITY, to place
said CITY on notice thereof. Thereafter, the CITY 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. Undertake the correction of said deficiencies and maintain the subject right of ways as
required by this Agreement, with DEPARTMENT or a contractor's personnel and equipment,
and invoice the CITY for all reasonably incurred costs and expenses related thereto, all of
which the CITY hereby agrees to pay immediately; and/or
B. Terminate the CTTY'S right to perform hereunder, and undertake with its own forces or retain
the services of a .contractor to complete required performance under this Agreement and
recover from the CITY all of the DEPARTMENT'S reasonably incurred costs and expenses
related to said completion; and/or
C. As to any additional landscaping that may have been added to the subject right of ways,
the DEPARTMENT may elect to remove same and to restore affected areas to their
preexisting condition and invoice the CITY for the reasonable cost of such removal and
restoration, all of which shall be immediately paid by the CITY; and/or
D. The DEPARTMENT may offset all sums due it under this Agreement against any payments
that maybe due or come due to the CITY under this or other maintenance agreements with
the DEPARTMENT. If said funds are not sufficient to reimburse the DEPARTMENT, the
CITY shall pay any deficiency to the DEPARTMENT immediately upon invoicing.
6. It is understood between the parties that all areas and landscaping covered by this Agreement maybe
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, in which event the
payments provided for in paragraph.? shall be subject to adjustment.
7. The DEPARTMENT agrees to pay to the CITY quarterly. (each three .month period following a
notice to proceed) compensation for the cost of maintenance as described under items (2) A through
(2) G of this Agreement.. The lump sum payment will be in the amount of $~,5~(1~ per
quarter for a total sum of $ 5(1,~~~_~7 per year. In the event this Agreement is terminated as
established by items five (5) or eight (8) herein, payment will be prorated for the quarter in which
termination occurs.
8. .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 by item five (5) and fifteen
(15) of this Agreement.
B. Upon thirty (30) days written notice and upon mutual agreement of the parties.
9. The initial terms of this Agreement for a period of one (1) year, commencing on the date a written
notice to proceed is issued to the CITY by the DEPART'MENT'S District Maintenance Engineer. It is
understood that, at the end of the initial one year period, this Agreement maybe renewed for no more
than two (2) one (1) year renewal periods. Renewals shall be made at the discretion of the
DEPARTMENT-arid agreed to in writing by the CITY.
10. In the event this Agreement extends beyond the DEPARTMENT'S current fiscal year, the CITY and
DEPARTMENT mutually agree that performance and payment. 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 f scat yeaz, 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) yeaz, but any contract so made shall be executory only for the succeeding fiscal
years; and this pazagraph 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.
"'\` 11. The CITY 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 11. 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 shall be subject to prior written approval by the
DEPARTGMENT'S local Maintenance Engineer. The CITY shall not change or deviate
from said approved plans without prior written approval from the Maintenance Engineer.
B. All landscaping shall be developed and implemented in accordance with appropriate state
safety and road design standards.
C. The CITY 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 CITY agrees that it shall not be entitled to receive nor shall the DEPARTMENT be
required to pay any additional payments due to any additional landscaping that may by added
pursuant to this provision, including, but not limited to, any increase in the cost incurred by
the CITY to install, maintain, or remove the added landscaping during the term of this
Agreement, and any renewal thereof, and/or. subsequent to this Agreement's termination for
any reason.
E. The CITY agrees to be solely responsible for the installation, continuing maintenance and/or
f any removal and or restoration of any approved additional landscaping, 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 far 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 to any additional landscaping added pursuant to this
paragraph 11.
12. 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.
13. .This Agreement is nontransferable and nonassignable in whole or in part without the written consent
of the DEPARTMENT.
14. This Agreement, shall be governed by, and construed according to the Laws of the State of Florida.
-15. L'~ntract,~al Services - In the event this contract is for a contractual service as defined by Section
287.0 I2, Florida Statutes, (1996), the following provisions shall also apply:
A. Pursuant to the requirements of Section 287.058, Florida Statutes, (1996):
(1) The Contractor 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
Contractor in conjunction with this contract. Failure by the Contractor to grant such public
access shall be grounds for immediate cancellation of this contract by the Department.
(2) Bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof, and bills for travel expenses
specifically authorized by this contract shall be submitted and paid in accordance with the
rates specified in Section 112.061, Florida Statutes.
B. Pursuant to the requirements of Section 287.133(3)(a) and (2)(a), Florida Statues (1996):
A person or affiliate who has been 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 with a public entity for the construction or repair of a public building or a
pubic 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 tivith any public entity, may not transact business with any public entity excess of
the threshold amount provided in Section 287.017, Florida Statues (1996), for Category
Two for a period of 36 months from the date of being placed on the convicted vendor list.
16. A Vendor Ombudsman has been established. with the Department of Banking and Finance. The
duties of this individual 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
maybe contacted at (904) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792.
,i
L'~i ~'~'TI'h'ESS ~~,'HEREOF the parti:,s hereto ha~•e caused these preser~ts to be executed as of the
Executed/Agreement Effective Date stated below.
CIT
By:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
District Secretary
TITLE: t~C1 ~`~~ ~
(SF AI,,~
ATTEST: 4..P.y~ ~ ._.~SEAL~~.
CLE
ATTEST:
Executive Secretary
Executed/Agreement Effective
Date:
FOR DEPARTMENT USE ONLY
APPROVED AS TO FORM AND LEGALITY: -
Attorney, Department of Transportation DATE
pity of Atlantic, Beach Agreement forMaintenance (July 2002 )
erz+raz
Maintenance Activities
Attachment "A"
Sfate
Road
NO.
trset Name
rom
o afar
Removal
(am) Mbmad
Machine
Mowln
(aen)p Small
Maehina
Mowin
(aenl Slope
Mowing
(aenJ Machaniul
Sweeping
(mlla)
Tna Trimming
(mile)
Chemical
WaM i
Con4o1 (pal.
Edpinp a
Sww in
(mia) p
10 AOantic Blvd. East end IntrawastaNVatenvay
Bridge 3rd Street 8.83 4.91 0.78 10.20 0.50 9.09
101 Mayport Rd. AGanlic Blvd Assisi Rd. 4.59 3.82 6.70 0.50 12.88
101 Mayport Rd. Ditch (~ Saratoga Cir. So. 1.07 0.50 2.00 4.80
101 Mayport Rd. Dffah (~ Fleet Lending Blvd. 0.83 0.30 0.30 g•36
AtA AtA Ditch ~ Fleet Landing Blvd. 1.18 1.13 3.Op
4th b 5th St. Retention Pond 'B' off MaypoR
Rd. 1.30 0.78 0.30
3.50
(~ Begonia Retention Pond "C" off Atlantic
Blvd. O,g7 0.58
2.75
Totals
Cycles Per Year
Total Qty's. Per Yeai
Unit Cost
Total Cost Per Year
16.28 0.80 10.08 4.51 16.90 1.00 21.77
12 9 9 4 12 2
195.36 7.20 90.88 18.05 202.74 43.54
58.00 560.00 575.00 5775.00 ;31.59 5520.00
;1,562.88 ;432.00 ;8,600.63 ;3,158.40 ;6,405.37 51,500.00 ;7,500.00 ;22,640.80
Overall
Yearly ;50,000.07
Cost
Quarterly 512
500
02
Amount ,
.