Item 6ACITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM # 6A
Ji1NE 9, 2008
AGENDA ITEM: Maintenance Agreement Contract Renewal with the Florida Department of
Transportation (FDOT)
SUBMITTED BY: Rick Carper, P.E., Public Works Director
DATE: May 30, 2008
BACKGROUND: The FDOT has forwarded the Contract Renewal for the Local
Maintenance Agreement to authorize and reimburse Atlantic Beach for
maintaining the following areas:
a) State Road 10 (Atlantic Boulevard) -both sides, from Third
Street to Mayport Road, and the north side only from Mayport
Road to the Intracoastal Waterway Bridge, with the exception of
the FDOT retention pond,
b) State Road 101/A1A (Mayport Road) -from Atlantic
Boulevard to Assisi Lane (both sides),
c) Mayport Flyover -areas within Atlantic Beach, including
the retention pond on Mayport Road between West 4~' & West 5"'
Street, and the retention pond at the end of Begonia Street off
West 18t Street. Sweeping of the flyover ramp will continue to be
performed under FDOT supervision,
d) Drainage Ditch between Saratoga Circle North and
Forrestal Circle South -from Mayport Road to Atlantic Boulevard
through Aquatic Drive,
e) Drainage Ditch from Fleet Landing -running north-
northwest along Mayport Road, terminating at the salt marsh,
f) FDOT Pond #3 on Mayport Road at the Hess Station.
Maintenance work involves street sweeping, mowing, litter removal, edging, tree
trimming and pruning.
This Renewal is for (1) one year beginning July 1, 2008 through June 30, 2009.
The total annual amount the City of Atlantic Beach will receive from the FDOT for
performance of this maintenance will be $51,509.20.
RECOMMENDATION: Staff recommends approval of this Agreement, and that the
Commission pass a Resolution approving the new contract as required by the
FDOT, authorizing the City Manager to sign the Renewal Agneement.
ATTACHMENTS: Resolution No. 08 - 08
FDOT -Maintenance Extension Agreement
Maintenance Activities Attachment "A"
REVIEWED BY CITY MANAGER: ~...._ ~'
June 9"', 2008 Regular Meeting
AGENDA ITEM # 6A
JUNE 9, 2008
RESOLUTION NO. 08-08
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING
THE CITY MANAGER TO EXECUTE A MAINTENANCE CONTRACT
RENEWAL BETWEEN THE CITY OF ATLANTIC BEACH AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION, 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 certain streets throughout the city; and
WHEREAS, the City desires to maintain landscaped areas on Atlantic Boulevazd and
portions of Mayport Road; and
WHEREAS, the additional areas to be maintained are identified in Attachment "A" of
the base agreement.
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 Renewal Agreement
for Maintenance with the Florida Department of Transportation on behalf of the City of Atlantic
Beach..
SECTION 2. This Resolution shall take effect immediately upon its passage and
adoption.
PASSED AND ADOPTED by the City of Atlantic Beach, this Day of June 2008.
ATTEST:
DONNA L. BARTLE, CMC
City Clerk
Approved as to form and correctness:
JOHN S. MESERVE
Mayor
ALAN C. JENSEN, ESQUIRE
City Attorney
AGENDA ITEM # 6A
JUNE 9, 2008
Florida Department of ~'ransportation
~~~ ~~T 1109 S. Marion Avenue
covERNOR Loke City, Rorida 32025-5874
May 27, 200s
City of Atlanta Beach
800 Seminole Road
Atlantic Beach, Florida 32233-5455
RE: New Contract
County: Duval
Gentlemen:
STEPHANIE C. KOPELOU803
SECRETARY
Enclosed is'the New Local Agreement for Maintenance covering the period of July 1, 2008
through June 30, 2009.
If you agree with this proposal, please execute (ti:a ssd teal) all five (~ copies of this
contract, and attach an original (s~11ed sed tailed) resolution and return it to the address
listed below as soon as possible.
Department of Transportation
District Maintenance - MS 2010
1109 South Marion Avenue
Lake City, Florida 32025
Upon receipt of the completed documents, the new agreement will be executed on behalf of the
Department and an original will be returned to you.
Thank you for your cooperation.
Sincerely,///~~~
r ~•
both A. Y
District 2 tenance Contracts Administrator
lmb
Enclosures
www.dot.state.fl.us
AGENDA ITEM # 6A
JUNE 9, 2008
Contract No.:
FIN No.: 41021617263
County: Duval
AGREEMENT FOR MAINTENANCE
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 Citv of Atlantic Beach ,hereinafter called the "CITY", effective as of the date executed
by the DEPARTMENT.
WITNESSETH:
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 appearance 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 ~ 2008
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
andlor turfed areas within DEPARTMENT right-of--way having limits 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
agree 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 CTI'Y.
AGENDA ITEM # 6A
JUNE 9, 2008
2. The CITY shall, within the rights of way identified in Attachment "A", accomplish the followin
during the term of this Agreement: g
A• Routinely mow, cut and/or trim the
with State of Florida "Guide for Roads de Mow n~~~includes total greenscape) in accordance
B. Properly prune ail plants which include: g (1990) and any amendments thereto.
(I) Routinely trimming trees.
(2) Routinely pruning such parts thereof which may present a visual or other safety
hazard 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 DEPARTNIENZ' shall be responsible jointly for clean-up, removal and disposal of
debris from DEPARTMF~VT right of way described by Attachment "A", or subsequeni amended
limits mutually agreed to in writing by both parties, following a natural disaster (i.e. hurricane,
tornadoes, etc.).
4• To the extent pernutted by law, the CITY covenants and agrees that it will indemnify and hold
harmless DEPARTMENT and all of DEPARTMENTSs officers, agents and employees, from any
claim, loss, damage, cost or chazge 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 rights of way identified in Attachment "A" or a part thereof is not properly
maintained pursuant to the terms of this Agreement, said District Secret
written notice that a deficiency or deficiencies exist, by sending a certified let er 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. ff said deficiencies aze 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 rights of way 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
13. Terminate the CI"I'Y'S right to perform hereunder, and undertake with its own forces or retain
the services of a contractor to complete required performance under this A
recover from the CITY all of the DEPARTMENT'S reasonably incurred costs a d expenses
related to said completion; and/or
AGENDA ITEM # 6A
JUNE 9, 2008
C. As to any additional landscaping that may have been added to the subject rights of way,
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 inunediately paid by the CITY; and/or
D. The DEPARTMENT may offset all sums due it under this Agreement a ainst an a
that may be due or come due to the CITY under this or other maintenance a y p yments
the DEPARTMENT. 1f said funds are not sufficient to reimburse the DEPARTMENT', the
CTI'Y 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 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 chan ed an
maintained to meet the future criteria or planning of the DEPARTMENT, in which event the
payments provided for in paragraph 7 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 $ 12,877.30 p~•
quarter for a total sum of $ 51,509.20 per year. In the event this A
established by items five (5) or eight (8) herein, a ~'eement is terminated as
termination occurs. P yment will be .prorated for the quarter in which
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 fora eriod of one 1
notice to proceed is issued to the CITY by the DEPARTIVIENT"S~D strict Maintenance EngineernIt is
understood that, at the end of the initial one year period, this A
than two (2) one (1) year renewal periods. Renewals shalgl be made at thendiscreti'on of the
DEPARTMENT and 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 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
AGENDA ITEM # 6A
JUNE 9, 2008
exceeding one (1) year, but any contract so made shall be executor only for the succeeding fiscal
Yom; 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.
11. The CITY shall not have authority to add any landscaping to any of the DEPARTMENT'S ri hts of
way without first making written application to the DEPARTMENT and receiving written approval
from the DEPARTMENT pursuant to the terms of this ara
shall be deemed to have been made and given in a p mph 11 • All requests and approvals
forth below: greement with and subject to the conditions set
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 DEPAR'TMENT'S rights of way.
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
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 for such additional
period, upon the expiration or termination of this. A
remains on the DEPARTMENT'S right-of-way. 7~~ment, as said additional landscaping
expiration and/or termination as to any to any additiondS aping added pursuant to his
paragraph 11.
I2. 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 no assignable 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. Contractual Services - In the event this contract is for a contractual service as defined b Section
287.012, Florida Statutes, (1996), the following provisions shall also apply: Y
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
AGENDA ITEM # 6A
JUNE 9, 2008
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 with 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
may be contacted at (904) 4gg_2924 or by ceiling the State Comptroller's Hotline, 1-800-848-3792.
AGENDA ITEM # 6A
JUNE 9, 2008
IN WITNESS WHEREOF the parties hereto have caused these presents to be executed as of the
Executed/Agreement Effective Date stated below.
CITY OF Atlantic Beach
By:
Mayor or Chairperson
SEAL
ATTEST: (SEAL)
CLERK
STATE OF FI.oRIDA
DEPARTMENT OF TRANSPORTATION
By:
Nick J. Tsengas, P.E., Director of Operations
ATTEST:
Executive Secretary
Executed/AgYeement Effective
Date:
FOR DEPARTMENT USE ONLY
APPROVED AS.TO FORM AND LEGALITY:
Attorney, Department of Transportation DATE