Exh 6A
t
AGENDA ITEM NO:
COMMISSION MEETING DATE: ~ ' /~- O~
CITY OF ATLANTIC BEACH.
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
MAINTENANCE AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
Robert S. Kosoy/Director of Public Works ~"~
Phil Nodine/Streets & Maintenance Division Director
February 25, 2000
We have reviewed the new Maintenance Agreement for maintaining State Road 10 (Atlantic
Boulevard) from the East end of the Intracoastal Waterway Bridge to Third Street, and State
Road 101/AlA (Mayport Road) from Atlantic Boulevard to Assisi Lane. By prior amendment
the agreement includes maintenance of the ditch between Saratoga Circle North and Forrestal
Circle South from Mayport Road to Atlantic Boulevard at Aquatic Drive and the ditch from Fleet
Landing running north-northwest along Mayport Road, terminating at the salt marsh.
Maintenance work involves street sweeping, mowing, litter removal, edging, tree trimming and
pruning.
This Agreement is the same as the previous year and the contract is for (1) one year beginning
July 1, 2000 through June 30, 2001. Total annual amount $39,000.00, which the City of Atlantic
Beach receives from the FDOT for performance of this maintenance. We have contacted FDOT
and they are limited in funding and cannot provide any increase in the agreement. ,
RECOMMENDATION: We recommend approval of this agreement and that the
commission pass a resolution to renew the contract, as required by
the FDOT.
ATTACHMENTS: Resolution No. 00-03 (for signature)
Letter from FDOT
FDOT -Agreement for Mainten e (4 copies for signature)
REVIEWED BY CITY MANAGER:
Florida Department of Transportation
JEB Buses Jacksonville Maintenance Office
GOVERNOR 838 El}is Rd.
Jacksonville, Florida 32236
(904} 350-5222 Fax (904) 360-521 i
February 94, 2000
Mr. Bob Kosoy
Public Works Director
City of Atlantic Beach
1200 Sandpiper Lane
A#lantic Beach, Florida 32233-4389
Dear Mr. Kosoy:
THOMAS F. BARRY, JR.
SECRETARY
Enclosed are four copies of the new Agreement for Maintenance. This Agreement will replace
the existing Agreement for Maintenance that expires on June 30, 2000. The scope and
compensation of the new Agreement are identical to those in the existing Agreement. The new
Agreement is schedu#ed to begin July 9, 2000 and the City o€ Atlantic Beach will be paid
$9500.00 quarterly.
Please execute and return all four copies of the Agreement along with a City of Atlantic Beach
resolution by May 30, 2000 to:
Florida Department of Transportation
P.O. Box 9089, Mail Station 2090
Lake City, Florida 32056
Attn: Aaron Trippensee
The Agreement for Maintenance wiU be executed on behalf of the Department once the
Agreement and resolution have been received.
If you have any questions or need additional information please call me at 904-360-5222.
Sincerely,
--
Jerry flusher, P.E.
Assistant Jacksonville Maintenance Engineer
Enclosures
xc: John Drayton
I ~ ~ v_`y P ~~~
~. ~. ~ -
www.dot.state.fi.us ®RECYCLED PAPER
RESOLUTION NO. 00-03
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE
MAYOR TO EXECUTE A l~~IAINTENANCE CONTRACT BETWEEN THE CITY
OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, on June 2, 1997, the City executed an agreement with the Florida Department
of Transportation to provide maintenance on certain streets throughout the city; and
WHEREAS, said contract will expire on June 30, 2000; and
WHEREAS, the City desires to enter into a new contract with the Florida Department of
Transportation to provide for the continued maintenance ofcertainrights-of--way belonging to the
Department throughout the city, for the period beginning July 1, 2000 and ending June 30, 2001.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach
as follows:
SECTION L The Mayor is hereby authorized to execute the Maintenance Contract 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 13th day of March,
2000.
ATTEST:
John S. Meserve
Mayor, Presiding Officer
Maureen King
Certified Municipal Clerk
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
Contract No.:
WPI No.:
State Job No.:
County:
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 THE CITY OF, 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 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 ,20, _,
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 limits identified 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
c:~contracC~maintnce.agr 1
agrees to immediately concentrate efforts and to bring the deficient item up to a minimum MRP rating
of 80. The CITY will not be resporis~ble for a below 80 rating if the cause and effect is not due to
neglect by the CITY.
2. The CITY shall, within theright-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 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 DEPARTMENT shall be responsible jointly for clean-up, removal and disposal of
debris from DEPARTMENT right-of--ways 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 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(s), by sending a certified letter to the CITY, to
c:~contract~maintnce.agr 2
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
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 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 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 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 $ 9,500.00 'per quarter for a total
sum of $39,000.00 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 in items 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 term of this Agreement shall be for a period of one (1) year, commencing on the date a
c:~contract~maintnce.agr 3
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 may be
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 DEPART'MENT'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, Section339.135(6)(a), Florida Statutes (1995), inapplicableto 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 ofthe 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.
11. The CITY shall not have authority to add any landscaping to any of the DEPARTMENT' Sright-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
DEPARTMENT' 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'Sright-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 maybe 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.
c:~coniract~maiutnce.agr '4
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' Sright-of--way. This Agreement being deemed to survive its
expirationand/or termination as 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. Contractual Services - 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:
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 Statutes (1996):
A person or affiliate who has been placed on the convicted vendor list 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 on a contract with a public entity for the construction
or repair of a public building or public 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, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes
(1996), for Category Two for a period of 36 months from the date of being placed on the
c:~caatracf~xnaintnce.a~ 5
;~
convicted vendor list.
16. A Vendor Ombudsman has been established with the Department ofBanking 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)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792.
c:\contracftmaintnce.a~ ~
.j
IN WITNESS WHEREOF the parties hereto have caused these presents to be executed as of the
Executed/Agreement Effective Date stated below.
CITY 4F
Bv:
Mayor or Chairperson
Title:
ATTEST: (SEAL)
CLERK
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
District Secretary
ATTEST: (SEAL)
Executive Secretary
Executed/Agreement Effective
Date
FOR DEPARTMENT USE ONLY
APPROVED AS TO FORM AND LEGALITY:
Attorney, Department of Transportation
DATE
c:~contracttmaintnce.a~ 7
ATTACffi1~NT "A"
LIMITS OF AGREEMENT
STATE ROAD 10 (ATLANTIC BLVD.)
FROM-THE EAST END OF THE INTRACOASTAL WATERWAY BRIDGE TO THIItD STREET
STATE ROAD 101/AlA (MAYPORT ROAD)
FROM ATLANTIC BLVD. TO ASSISI ROAD
ACTIVITIES INCLUDE:
MAINTENANCE OF DITCH (BETWEEN SARATOGA CIRCLE NORTH AND FORRESTAL CIRCLE
SOUTH) FROM MAYPORT ROAD TO ATLANTIC BLVD AT AQUATIC DRIVE
MAINTENANCE OF DITCH ALONG MAYPORT RD. AND S.R AlA (M.P. 2.130-2.300 & M.P. 0.000-
0.570)
STREET SWEEPING
MOWING
LITTER REMOVAL
EDGING
TREE TRIlVIlVIING AND PRUNING
7