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Exh 6A_ AGENDA ITEM #6A AUGUST 26, 2002 ~-, ~'+ 'RESOLUTION 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 r : TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE r WHEREAS, on May I6, 2001, the City executed an agreement with the Florida T~epartment of Transportation to provide maintenance on certain streets throughout the' city; and F 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 of the Cityof Atlantic Beach as ~, follows: 4 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. ~, r John S. Meserve ATTEST: Mayor, Presiding Officer Maureen King Certified Municipal Clerk Y. f,,,,, Approved as to form and correctness: ,,, Alan... C. Jensen, Esquire ~ City Attorney .-~ E AGENDA ITEM #6A AUGUST 26, 2002 P'" r -; ~" CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT r.; AGENDA ITEM: MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) y ~ SUBMITTED BY: Robert S. Kosoy, P.E. ~„ Director of Public Works i '. - DATE: July 24, 2002 BACKGROUND: ~: We have reviewed the new Maintenance Agreement with the FOOT and we will be responsible for maintenance of the following areas: 1. State Road 10 (Atlantic Boulevard) --Both sides from Third Street to Mayport Road and the north P"" side from Mayport Road to the Intracoastal Waterway (ICW) Bridge. The south side of Atlantic . Boulevard. from Florida. Boulevard to ICW Bridge is included with a new FOOT Agreement with Neptune Beach. All street sweeping of Atlantic Boulevard is included in our Agreement. F 2. State Road 101/AlA (Mayport RoadZ --Both sides from Atlantic Boulevard to Assisi Lane. Also included are the Flyover areas within Atlantic Beach, including the retention pond on Mayport Road ,~ between West 4`i' & West 5~` Streets, and the retention pond at the end of Begonia Street off of West ls` Street. All sweeping of Mayport Road is included in our Agreement, except the Flyover ramp itself, which will be swept by FOOT. In addition, this Agreement includes maintenance of the ditch ',,, between Saratoga Circle North and Forrestal Circle South from Mayport Road towards Atlantic Boulevard, terminating at Aquatic Drive, and the ditch from the Fleet Landing culverts running north-northwest under Mayport Road and terminating at the salt marsh. Maintenance work involves street sweeping, mowing, litter removal, edging, tree trimming and pruning. This Agreement is for one (1) year beginning August 1, 2002 through July 31, 2003 and has a renewal option for two (2) one-year renewals. The total annual amount, which the City of Atlantic Beach receives from the FOOT for performance of this maintenance, will be $50,000.07, and the cost will be $62,391 for all services including bi-weekly landscaping. BUDGET: Funds available from Streets and Maintenance account <~ 001-5002-541.-3400 RECOMMENDATION: We recommend approval of this Agreement and that the Commission ~: ""° ~ pass Resolution 02-18 to for the new contract, as required by the FOOT. ..~, ATTACHMENTS: Resolution No. 02-18 Summary of Current and Future Expenses FOOT -Agreement for Mainten a (5 copies for signature) ,-, €; , REVIEWED BY CITY MANAGER: ~-, W 7 O w _ ,~ z w a ~"" W c .W ~ , P^* Z E.. Q E.. ~ L r z w ,~,, ~: , ~ U ~^ LL o., a a J m we, Q v ~ U ~ Z ~"•" A_ . W Z ~+ ~ O ... u- iI ~'s! rv ~'I I- = c o * 0 ~ 0 rn 0 ~ U _ ~m o ~ ~ ~ Z Q W oz ~d ~ 3 * o rn Ow o rn ~ Z , ~ 00 r `~ O ~ ~ o ~ cfr a~ z ~ 2 O p * O * ~ O o~p a0 ~ N M !- ~ ~- c~D ~- c~0 U ~ Q ~ ~ ~ MCf}- ~ ~t/}- ti N w ~ ~3 ~ ~ ~ ~m QV ~ Z O * O O op N r r ~- ~- Q O '°^ DT `art ~J ~ ~ ~ ~ ~ ~ t.i. O ~ Z O O O 00 ~ N ~ r ~ 1~ M lf) M ISM M to ~z ~ ~ ~ ~ ~ ~ ~ ~ = Q~U Z Q W ~ m ~ ~ ~ U • rn c .-. rn _ ~ ~ •Q ~ 0 ~ N ,-. ~ H ~" ~ H 3 ~>' U ~ ~ ~w D ~ ~ Q a U o ~ cc w ~ ~ ~ a ~ ~ ~ ~~ ~ ~ J o ~ ?~ N m i- ~ 1~- ~ ~ - ~ J ~ F- U U N ~ (l1 ~ ~ '''' c ~ J U ~ ~ I- _ Q Q Z _ Q I- cn I- c ~ W Q m ~ CV ri ~ ~.ci Z ti k:. ~ ~ ... >, ~ ~ ~ Y m I I 11 * + e-+ ~u AGENDA ITEM #6A ~.~ _ - _ AUGUST 26, 2002 ~. ~, Contract No.~~~ t t FIN No.: 41 ~ 161721 n ~ County: T~nval e.- AC',RFFMFNT F(~R MATNTFNANC''F. n 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 C'TTY C)F ATT ANTTC' RF n rH _ ,hereinafter called- the "CITY", effective as of the date • executed by the DEPARTMENT. r-• WTTNRS~RTH~ 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 ,_2.(1.42, 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 f ; 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 ali landscaped "and/or 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 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. - a„ ~ ,. AGENDA ITEM #6A AUGUST 26, 2002 ~""' G 2. The CITY shall, within the right-of--ways identif ed 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 alI plants which includes: (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 use the. right of way. C. Routinelyremove 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 grassfrom sidewalks, curbs and gutters. r' 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 maybe 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 identified 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 eertif ed 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 CITY'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 AGENDA ITEM #6A ,_, AUGUST 26, 2002 - 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. K restoration, all of which shall be immediately paid by the CITY; and/or D. The DEPARTMENT may offset alt sums due it under this Agreement against any payments that may be 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 bEPARTMENT, 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 roadbe widened, altered or otherwise changed and maintained to meet the future criteria or planning of the DEPARTMENT, in which event the r* payments provided for in paragraph 7 shall be subject to adjustment. r 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 $1? 5~(1-f12 per quarter for a total sum of $~4,~~~-~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 A,,,,, (15) of this Agreement. r 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 DEPARTMENT'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 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 aze 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 pazagraph shall be incorporated verbatim in all contracts of the DEPARTMENT in AGENDA ITEM #6A u ,.. AUGUST 26, 2002..` ~_, 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 ~_ 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 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 bettiveen 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. 1; t" t 14. This Agreement, shall be governedby, and construed according to the laws of the State of Florida. ~* ~~15. ('~ntr fl,al S rule- s - In the event this contract is for a contractual service as defined by Section 287.012, Florida Statutes, (1996), the following provisions shall also apply: t 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 r ;, ~ . AGENDA ITEM #6A AUGUST 26, 2002 s~ 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 F-+ sufficient fora 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. t _: ,,,,, 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. .~ ~; .~ ~, ~, k:: . AGENDA ITEM #6A AUGUST 26, 2002 ~., .., LN ti'~'ITI~TESS WHEREOF the pa,~ties hereto ha~•e caused these presents to be executed as of the ' Executed/Agreement EffectiveDate stated below... 6 ~: .. k ::+ STATE OF FLORIDA ^, CITY OF ATT ANTTC' F3F.AC'N DEPARTMENT OF TRANSPORTATION By: By:. ,,- - , t ; Mayor or Chairperson District Secretary `"'" TITLE: (S.EAL~ ATTEST: ~' Executive Secretary ATTEST:. - ' (FAT 1 . CLERK Executed/Agreement Effective ~,,,, Date: F _ k... - .. Y. ~. FOR DEPARTMENT USE ONLY ~"'; APPROVED AS TO FORM AND LEGALITY: ¢. Attorney, Department of Transportation DATE .., ~"'' , ~. s . ~ _ AGENDA ITEM #6A AUGUST 26, 2002 ~ malty o/At9anirc Beach Agreement forMainienance (July 2002) _ Matr-tenance Actlvttles Attachment "A" Stela Road treet Name rom o Uttar Rame ^1 Inam+ad. Machine sm.u Maehina Slop. Maehaniul Traa Trimming CMmiul Waad i Edging i Na. v (aen) Mowing -Mowing Mowing (aen) gw«pinp (mih) (mib) Grau g,~ m P p (aen) (aen) Control (pal. (mile) 10 Atlantic Blvd. East end IntracoastalWaterway 3rd Street 8.83 4.91 0.78 10.20 0.50 9 09 Bridge . 101 Maypart Rd. Atlantic Blvd. Assisi Rd. 4.59 3.82 6.70 0.50 12.66 101 Mayport Rd. Ditch ~ Saratoga Cir. Sa. 1.07 0.50 , 2.00 4.80 101 Mayport Rd. Ditch ~ Fleet Landing Blvd. 0.63 0.30 0.30 9.36 AtA AtA Ditch (~ Fleet Landing Blvd. 1.19 1.13 3,00 4th d 5th St. daB' off Mayport Retention Pon 1,30 0.78 0.30 3 50 R , , !~ Begonia Retention Pond "C" off Atlantic 0 87 058 75 2 Blvd. . ...~ Totals Cycles Per Year i ' Total Qty's. Per Year ~^ Unlt 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 90.68 18.05 202.74 43.54 ;8.00 ;60.00 ;75.00 5175.00 ;31.59 X20,00 ;1,562.88 5432.00 58,800.63 ;3,158.40 ;6,405.37 ;1,500.00 ;7,500.00 ;22,640.80 1~^," Overall ~ Yearly ;50,000.07 Cost puarterly ' ;12 SOOA2 Amount , ~""^ ,:, , a*w l ~ ' Re*!