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HomeMy WebLinkAboutcocc_resolution_no_2019-21_20191015RESOLUTION NO. 2019-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; APPROVING A MEMORANDUM OF AGREEMENT FOR HIGHWAY MAINTENANCE ALONG STATE ROAD A1A WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority under Section 2(b), Article VII, of the State Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City and the Florida Department of Transportation ("FDOT") desire to enter into a Memorandum of Agreement for Highway Maintenance ("MOA") to provide for the City to perform routine maintenance of all shoulders, landscaped and/or turfed areas within the FDOT rights -of -way along certain portions of State Road A1A located within the municipal boundaries of the City of Cape Canaveral; and WHEREAS, the MOA provides for a three-year term with one option to extend the term for an additional three (3) years contingent upon satisfactory performance evaluations by FDOT and subject to availability of funds; and WHEREAS, the City Council of the City of Cape Canaveral deems that this Resolution is in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Approval of MOA for Highway Maintenance. The City Council of the City of Cape Canaveral hereby authorizes the City Manager to execute that Highway MOA with FDOT, attached hereto as Exhibit "A" and fully incorporated herein by this reference, and any mutually agreed upon renewals or extensions thereto. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Resolution No. 2019-21 Page 1 of 2 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 15th day of October, 2019. ATTEST: Daniel LeFever, Interim City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Bob Hoog, Mayor Name FOR AGAINST Mike Brown % Bob Hoog x Wes Morrison Motion Rocky Randels x Angela Raymond Second City of Cape Canaveral Resolution No. 2019-21 Page 2 of 2 Resolution No. 2019-21 Exhibit "A" FLORIDA DEPARTMENT OF TRANSPORTATION REV. 12/13/2018 HIGHWAY MAINTENANCE MEMONDUM OF AGREEMENT CONTRACT NO.: ASE65 FINANCIAL PROJECT NO.:426503-1-78-03 This AGREEMENT, entered this day of , 201 , by and between the Florida Department of Transportation, a component agency of the State of Florida, hereinafter called the DEPARTMENT and City of Cape Canaveral, a municipal corporation duly enacted under the laws of the State of Florida, hereinafter called the LOCAL GOVERNMENT. RECITALS WHEREAS, as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety and functionality, has constructed roadway, roadside areas, and medians on that part of the State Highway system within the limits of the LOCAL GOVERNMENT or adjacent to; WHEREAS, the LOCAL GOVERNMENT acknowledges that there is mutual benefit in effectively maintaining these areas and the LOCAL GOVERNMENT is of the opinion that said roadway, roadside areas and median strips shall be attractively maintained; WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; WHEREAS, the LOCAL GOVERNMENT, by Resolution No. 2019-21 dated the 15th day of October, 2019 attached hereto as EXHIBIT"A", which by reference hereto shall become a part hereof, desires to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, for and in consideration of mutual benefits to flow each to each other, the parties covenant and agree as follows: PROVISIONS 1) The LOCAL GOVERNMENT shall be responsible for routine maintenance activities of all roadway features within the DEPARTMENT's right of way having limits described in EXHIBIT "B", or subsequent amended limits mutually agreed upon in writing by both parties. For the purpose of this Agreement, the maintenance activities to be performed by the LOCAL GOVERNMENT are defined in EXHIBIT "C", or as defined by amended definitions agreed upon in writing by both parties. 2) The LOCAL GOVERNMENT shall perform the maintenance activities as described in EXHIBIT "C" in accordance with DEPARTMENT publications: a) Maintenance Rating Program (MRP) Handbook, latest edition, which by reference hereto shall become a part hereof. The activities shall be performed in a manner that results in a minimum MRP score of 80. CONTRACT NO.: ASE65 FINANCIAL PROJECT NO.: 426503-1-78-03 1 Resolution No. 2019-21 Exhibit "A" b) FDOT Standard Plans, current edition, which by reference hereto shall become a part hereof. 3) The LOCAL GOVERNMENT shall be responsible for monitoring maintenance operations and the maintenance of traffic ("MOT") throughout the term of the Agreement in accordance with the latest edition of FDOT Standard Specifications, Section 102. The LOCAL GOVERNMENT is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of FDOT Standard Plans, Index 102-600 series. 4) The DEPARTMENT may, at its discretion, perform periodic inspections of any or all locations. If it is determined that any of the roadway features defined in EXHIBIT "C" are not being maintained as required by this Agreement, the DEPARTMENT will issue a notice of such deficiency to the LOCAL GOVERNMENT's point of contact by email or certified mail. The LOCAL GOVERNMENT shall have thirty (30) days to correct the deficiency (ies) and to notify the DEPARTMENT by email or certified mail, that the deficiency (ies) has been corrected. If said deficiency or deficiencies are not corrected within this time period the DEPARTMENT may at its option, proceed as follows: a) Maintain the roadway features declared deficient with the DEPARTMENT or DEPARTMENT Contractor's material, equipment and personnel. The actual cost for such work will be deducted from payment to the LOCAL GOVERNMENT; or b) Terminate this Agreement in accordance with the provisions of this Agreement. 5) In the event of a Governor Declared Emergency, a natural disaster or significant occurrence (hurricane, tornado, vehicle accident, hazardous waste spills, etc.) the LOCAL GOVERNMENT and the DEPARTMENT will cooperate and coordinate the use of their respective resources to provide for clean up, removal, and disposal of debris or other substances from the DEPARTMENT's right of way described in EXHIBIT "B" or any amended limits mutually agreed upon in writing by both parties hereto. The DEPARTMENT will not deduct any payment to the LOCAL GOVERNMENT, costs for impairment of performance of any activity or part thereof defined in EXHIBIT "C", as a result of such event and the redirection of LOCAL GOVERNMENT forces towards fulfillment of the responsibility under this article. This paragraph shall not be interpreted to reduce the LOCAL GOVERNMENT's right to compensation or reimbursement from any other sources (i.e.: FEMA) for the debris removal or other activities of the LOCAL GOVERNMENT subsequent to a natural disaster or accident. 6) During the term of this Agreement, the DEPARTMENT may from time to time engage in transportation projects on the roads covered by this Agreement. Some of these projects may involve the DEPARTMENT' s construction contractor temporarily assuming maintenance responsibility for the limits of the project. In that event, the DEPARTMENT will notify the LOCAL GOVERNMENT of the limits of the project and the time frame for that project. During that time and for those limits, the LOCAL GOVERNMENT may be released from its obligation to perform maintenance on those roads and the compensation to be paid under this Agreement may be reduced for the duration of the construction project. The reduction in compensation shall be based on the formula used to initially compute the amount of compensation under this Agreement. The LOCAL GOVERNMENT will be notified of the amount of the reduction as part of the aforementioned notice. CONTRACT NO.: ASE65 FINANCIAL PROJECT NO.: 426503-1-78-03 2 Resolution No. 2019-21 Exhibit "A" TERM 1) After this Agreement has been executed by the parties, the DEPARTMENT will issue a Notice to Proceed to the LOCAL GOVERNMENT which may be sent by electronic mail at the DEPARTMENT's discretion. The term of this Agreement commences on the effective date of the Notice to Proceed and will continue for a period of three (3) years from the effective date on the Notice to Proceed. This Agreement may be renewed for a period that may not exceed one three (3) year term. 2) A renewal may be made at the discretion of the DEPARTMENT and will be subject to the same terms and conditions set forth in this Agreement. A renewal shall be contingent upon satisfactory performance evaluations by the DEPARTMENT and subject to the availability of funds. Renewals must be mutually agreed upon by both parties and in writing and must be executed prior to the expiration date of its preceding term. 3) In the event this Agreement extends beyond the DEPARTMENT's current Fiscal year that begins July 1 of each year and ends June 30 of each succeeding year, the LOCAL GOVERNMENT and the DEPARTMENT mutually agree that the State of Florida's performance and obligation to pay under this contract is contingent upon and annual appropriation by the Legislature. In addition, Section 339.135(6)(a), Florida Statutes, is incorporated by reference, and is set forth herein below as follows: F.S. "339.135(6)(a) "- The Department, during any Fiscal Year, shall not expend money, incur any liability, or enter into any Contract which, by its terms, involves any 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 is null and void, and no money may be paid under such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such Contract or any other binding commitment offunds. Nothing herein shall prevent the making of Contracts for periods exceeding one (1) year, but any Contract so made shall be executory only for the value of services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all Contracts of the Department which are for an amount in excess of $25, 000 and having a term for a period of more than one year. COMPENSATION 1) The DEPARTMENT agrees to pay the LOCAL GOVERNMENT, following a Notice to Proceed, compensation for the cost of maintenance as described in the Provisions Section of this Agreement. The payment will be for the amount of $1559.00 per quarter, equating to $6236.00 per year for the duration of the term. 2) Payment shall be made only after receipt of goods and services as provided in Section 215.422, Florida Statutes. Detailed quarterly invoices and any associated documents, including Maintenance Management System (MMS) breakdown of all activities, shall be submitted to the DEPARTMENT's Project Administrator: Lori Benton. Delivery shall be effective upon receipt of a proper quarterly invoice and any required associated documents. a) Upon receipt, the DEPARTMENT has seven (7) working days to inspect and approve the goods and services, unless otherwise specified herein. The DEPARTMENT has twenty (20) days to CONTRACT NO.: ASE65 FINANCIAL PROJECT NO.: 426503-1-78-03 3 Resolution No. 2019-21 Exhibit "A" deliver a request for payment (voucher) to the Department of Finance. The twenty (20) days are measured from the latter of the date the invoice is received, at the location stated herein, or the goods and services are received, inspected and approved. b) Any penalty for delay in payment shall be in accordance with Section 215.422, Florida Statutes. Section 215.422(5), Florida Statutes, provides that all purchasing Agreements between a State agency and a vendor, applicable to this section, shall include a statement of the vendor's rights and the State's responsibilities under this section. The vendor's rights shall include being provided with the name and telephone number of the Vendor Ombudsman within the Department of Financial Services. c) If payment is not available within forty (40) days, a separate interest penalty as established pursuant to Section 215.422, Florida Statutes, will be due and payable, in addition to the invoice amount, to the LOCAL GOVERNMENT. Interest penalties of less than one ($1.00) dollar shall not be enforced unless the LOCAL GOVERNMENT requests payment. Invoices, which have been returned to the LOCAL GOVERNMENT because of LOCAL GOVERNMENT preparation errors, will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is received by the DEPARTMENT. d) A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the DEPARTMENT. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Department of Financial Services Consumer Hotline, 1-800-342-2762. 3) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 4) Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request of the DEPARTMENT at all times during the period of this Agreement and for three (3) years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the LOCAL GOVERNMENT's general accounting records and project records, together with supporting documents and records of the LOCAL GOVERNMENT, all subcontractors performing work, and all other records of the LOCAL GOVERNMENT and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. CONDITIONS FOR TERMINATION 1) This Agreement or any part thereof is subject to termination at the discretion of the DEPARTMENT under any of the following conditions: a) In the event the Legislature fails to make an annual appropriation to pay for the LOCAL GOVERNMENT's services to be performed hereunder. b) The LOCAL GOVERNMENT has not complied with the provisions of this Agreement as described herein, or has demonstrated a pattern of repeated non-compliance. c) The DEPARTMENT determines that the Agreement is no longer feasible. 2) Either party may terminate this Agreement in writing with thirty (30) days' notice. CONTRACT NO.: ASE65 FINANCIAL PROJECT NO.: 426503-1-78-03 4 Resolution No. 2019-21 Exhibit "A" NOTICES AND POINTS OF CONTACT All correspondence regarding this Agreement shall be directed to the following points of contact: a) For the DEPARTMENT: Title: Contractor Coordinator Name: Lori Benton Address: 555 Camp Road, Cocoa, FL 32927 Telephone: (321) 634-6097 Email: Lori.Benton@dot.state.fl.us b) For the LOCAL GOVERNMENT: Title: Infrastructure Maintenance Manager Name: Tim Carlisle Address: P.O. Box 326, Cape Canaveral, FL 32920 Telephone: (321) 474-5728 Email: t.carlisle@cityofcapecanaveral.org ADDITIONAL PROVISIONS AND LEGAL REQUIREMENTS 1) LEGAL REQUIREMENTS. This Agreement is executed and entered into in the State of Florida and will be construed, performed, and enforced in all respects in strict conformity with local, state, and federal laws, rules, and regulations. a) If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the Agreement will remain in full force and effect and such term or provision will be deemed stricken. b) The LOCAL GOVERNMENT 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 LOCAL GOVERNMENT in conjunction with this Agreement. Failure by the LOCAL GOVERNMENT to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. c) The LOCAL GOVERNMENT and the DEPARTMENT agree that the LOCAL GOVERNMENT, its employees, contractors, subcontractors, consultants, and sub consultants are not agents of the DEPARTMENT as a result of this Agreement. d) The LOCAL GOVERNMENT shall not cause any liens or encumbrances to attach to any portion of the DEPARTMENT's right-of-way. e) Nothing herein shall be construed as a waiver of either party's sovereign immunity. 2) PUBLIC ENTITY CRIME. The LOCAL GOVERNMENT affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes. 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 CONTRACT NO.: ASE65 FINANCIAL PROJECT NO.: 426503-1-78-03 5 Resolution No. 2019-21 Exhibit "A" 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, for CATEGORY TWO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. The LOCAL GOVERNMENT agrees that it shall not violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. 3) UNAUTHORIZED ALIENS. The DEPARTMENT will consider the employment of unauthorized aliens, by any contractor or subcontractor, as described by Section 274A(e) of the Immigration and Nationalization Act, cause for termination of this Agreement. 4) NON-DISCRIMINATION. The LOCAL GOVERNMENT will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. The LOCAL GOVERNMENT shall provide a harassment -free workplace, with any allegation of harassment given priority attention and action by management. The LOCAL GOVERNMENT shall insert similar provisions in all contracts and subcontracts for services by this Agreement. 5) DISCRIMINATORY VENDOR LIST. The LOCAL GOVERNMENT affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list 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. The LOCAL GOVERNMENT further agrees that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. 6) ATTORNEY FEES. Each Party shall bear its own attorney's fees and costs. 7) TRAVEL. There shall be no reimbursement for travel expenses under this Agreement. 8) PRESERVATION OF REMEDIES. No delay or omission to exercise any right, power, or remedy accruing to either Party upon breach or default by either Party under this Agreement, will impair any such right, power or remedy of either party; nor will such delay or omission be construed as a waiver of any breach or default or any similar breach or default. 9) MODIFICATION. This Agreement may not be modified unless done so in a writing executed by both Parties to this Agreement. 10) NON -ASSIGNMENT. The LOCAL GOVERNMENT may not assign, sublicense, or otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the DEPARTMENT. Any assignment, sublicense, or transfer occurring without the required prior written approval of the DEPARTMENT will be null and void. The DEPARTMENT will at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental entity in the State of Florida, upon giving prior written notice to the LOCAL GOVERNMENT. In the event CONTRACT NO.: ASE65 FINANCIAL PROJECT NO.: 426503-1-78-03 6 Resolution No. 2019-21 Exhibit "A" that the DEPARTMENT approves transfer of the LOCAL GOVERNMENT's obligations, the LOCAL GOVERNMENT remains responsible for all work performed and all expenses incurred in connection with this Agreement. 11) The LOCAL GOVERNMENT agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, and subconsultants, who perform work in connection with this Agreement: "The contractor / subcontractor / consultant / subconsultant shall indemnify, defend, save and hold harmless the State of Florida, Department of Transportation and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor / subcontractor / consultant / subconsultant, its officers, agents or employees." 12) BINDING AGREEMENT. This Agreement is binding upon and inures to the benefit of the Parties and their respective successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations, or remedies upon any other person or entity except as expressly provided for in this Agreement. 13) INTERPRETATION. No term or provision of this Agreement shall be interpreted for or against any party because that party or that party's legal representative drafted the provision. 14) ENTIRE AGREEMENT. This Agreement, together with the attached exhibits and documents made a part by reference, embodies the entire agreement of the Parties. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement. This Agreement supersedes all previous communication, representation, or agreement, either verbal or written, between the Parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of the LOCAL GOVERNMENT and the authorized officer of the DEPARTMENT or his/her delegate. 15) DUPLICATE ORIGINALS. This Agreement may be executed in duplicate originals. 16) E-VERIFY — the LOCAL GOVERNMENT shall: a) utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the LOCAL GOVERNMENT during the term of the contract; and b) expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. The remainder of this page is intentionally left blank CONTRACT NO.: ASE65 FINANCIAL PROJECT NO.: 426503-1-78-03 7 Resolution No. 2019-21 Exhibit "A" 17) The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes. EXECUTION IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. LOCAL GOVERNMENT: By: Attest: Printed Name & Title Printed Name & Title Legal Approval: DEPARTMENT: By: Alan Hyman, P.E., Director of Transportation Operations Attest: Printed Name & Title Legal Approval: CONTRACT NO.: ASE65 FINANCIAL PROJECT NO.: 426503-1-78-03 8 Resolution No. 2019-21 Exhibit "A" EXHIBIT A Resolution, following on next page. CONTRACT NO.: ASE65 FINANCIAL PROJECT NO.: 426503-1-78-03 9 EXHIBIT B Resolution No. 2019-21 Exhibit "A" SECTION S.R. 70080 A1A PROJECT LIMITS: LOCATION From M.P. 1.495 (east side of A1A) and M.P. 0.883 (west side of A1A) north to M.P. 3.309 LENGTH 2.426 miles CONTRACT NO.: ASE65 FINANCIAL PROJECT NO.: 426503-1-78-03 10 Resolution No. 2019-21 Exhibit "A" EXHIBIT C MAINTENANCE ACTIVITIES: (Maintenance Activities to be included and part of this Agreement will be checked in the INC. column) ACTIVITY 433 435 436 451 459 461 471 482 485 487 490 492 493 494 DESCRIPTION Sodding: Cutting and placing sod in areas along the roadside associated with reworking non - paved shoulders, slopes, ditches, median islands, utility strips and repairing washouts. Seeding, Fertilizing and Mulching: Seeding, fertilizing, and mulching of the roadside. Reworking Non -Paved Shoulders, Front Slopes, and Roadside Ditches (Mechanical): Reworking non -paved shoulders, front slopes, roadside ditches and turnouts either by the addition of suitable material and reshaping, or by cutting down built-up areas. Clean Drainage Structures: Cleaning stoiiu drains, French drains, manholes, side drains, cross drains, inlets, piped outfalls, box culverts, and other miscellaneous drain structures. Concrete Sidewalk Repair: Repair or replacement of existing sections of concrete sidewalk. Roadside Ditches — Clean and Reshape: Cleaning and reshaping of ditches other than outfalls. Large Machine Mowing: Mowing of roadside areas with large mowers where conditions accommodate the efficient use of 7 foot and larger mowers, alone or in combination. Slope Mowing: Grass, brush, and weed cutting along slopes too steep to safely mow or are inaccessible for conventional mowing tractors. Small Machine Mowing: Mowing the roadside with small hand or riding mowers have a cutting width of 40 inches or less. Manual Weed Control: Brush, weed, and grass cutting 100 mm (4") or less in diameter perfoiiued with hand tools. Fertilizing: Fertilizing to provide required nutrients to establish and maintain an acceptable roadside turf. Tree Trimming & Removal: The trimming of the height and sides of trees and removal of undesirable trees (over 4 inches in diameter or trimming that cannot be done under Activity 487 Weed Control - Manual). To include the chipping and/or removal of all debris from work site. Landscaped Area Maintenance: All efforts required for proper maintenance of landscaped areas, including litter removal, mowing, edging, fertilizing, weeding, mulching, etc. Chemical Grass and Weed Control: The application (handgun, basal or cut stump) of herbicides to slopes, ditches, fence, guardrail, barrier wall, reinforced earthen walls, sidewalks, bridges, curb and gutter, obstructions, shoulders, and other areas not assessable to mowers. Not to include chemical applications within landscape or mitigation areas. CONTRACT NO.: ASE65 FINANCIAL PROJECT NO.: 426503-1-78-03 11 Resolution No. 2019-21 Exhibit "A" 498 527 541 542 543 545 Storm Water Management: To maintain, to the maximum extent practicable, all surface/stoiiu water management systems to a functioning state as designed and in compliance with the peiiuit conditions and/or applicable rules and regulations. Fence Repair: To provide highway safety and deter unauthorized and unrestrained access to highway facilities. Roadside Litter Removal: Cleaning roadways and roadsides of debris, such as cans, bottles, paper, Adopt -A -Highway litter. Includes the hauling and disposal of litter. Does not include wayside parks, rest areas and service plaza barrels. Road Sweeping (Manual): To remove debris from the roadway where mechanical means are not feasible before a drainage or safety problem is created or before it becomes unsightly. Road Sweeping (mechanical): Machine sweeping of roadway to protect the facility from excessive accumulation of debris. Edging & Sweeping: Removal of vegetation and debris from the curb, gutter and sidewalk. CONTRACT NO.: ASE65 FINANCIAL PROJECT NO.: 426503-1-78-03 12