Exh 8AAGENDA ITEM #8A
SEPTEMBER 25, 2000
.-
STAFF REPORT
CITY OF ATLANTIC BEACH
AGENDA: Agreement for Maintenance of Landscaping on Mayport Road/Atlantic
Boulevard Flyover Project
DATE: September 15, 2000
SUBMITTED BY: Jim Hanson
City Manager
BACT~GROUND: Several months ago, the City Commission reviewed plans for
landscaping on various portions of the Flyover Project in the Atlantic
Beach city limits and agreed to accept responsibility for maintenance of
certain areas in exchange for the JTA installing a higher level of
landscaping and irrigation systems.
In January of this year Alan Jensen and I prepared a draft Agreement of
Construction and/or Maintenance on the Department of Transportation
Right-a-way following a standazd form agreement from the FDOT for
this purpose and submitted that draft to the FDOT for review and
approval. After several discussions over the last several months, the
FDOT has now indicated their willingness to approve the agreement as
submitted by Atlantic Beach.
The agreement covers the landscaped triangle on the northeast corner
of the Atlantic Boulevazd/Mayport Road intersection and the retention
pond that will be constructed between 4`~ and 5`~ Streets. The
agreement also includes a provision (paragraph 13) that Atlantic Beach
and the FDOT will reach an agreement as to the amount of subsidy that
will be received by Atlantic Beach based. on FDOT's avoided costs for
cutting the right-a-way. This agreement will be almost identical to the
previous agreement between the City and the FDOT concerning
maintenance of the Atlantic Boulevazd medians.
BUDGET: No estimate has been made at this time of the cost of maintenance and
the City has yet to agree with the FDOT about the maintenance subsidy.
However, we anticipate that the FDOT subsidy will cover a major
portion of the cost as is the case in the Atlantic Boulevazd median
project.
AGENDA ITEM #8A
SEPTEMBER 25, 2000
t RECOMMENDATION: Authorize the City Manager to execute the agreement with the
FDOT.
ATTACHMENTS: _ 1. Agreement of construction andlor maintenance on Department
of Transportation Right-a-way.
AGENDA ITEM #8A
SEPTEMBER 25, 2000
J-
'' AGREE~VIENT OF CONSTRUCTION AND/OR MA.IIYTENANCE
ON THE DEPARTTriF.NT OF TRANSPORTATION RIGHT-OF-WAY
__- _- - This agreement made and.. entered. into _this ._ day _of
2000, by and between the State of Florida Department of Transportation and
Component Agency of the State of Florida (hereinafter the "Department"), and the City
of Atlantic Beach, a Florida municipality (hereinafter the "City").
Whereas, the City has requested permission from the Department to maintain
landscaping to be installed with the Atlantic Boulevard and Mayport Road Interchange
Improvement project as shown on the approved drawing. (Addendum A)
Therefore, in consideration of the mutual benefits each flow to the other, the
parties do hereby agree as follows:
1. The City shall maintain the landscaping as prescribed by the attached
approved plan, special conditions, special instructions and any addendums that may be
attached to this agreement. (Addendum B) In no instance shall the City cut any trees
that have a caliper diameter of four inches (4") or greater measured six inches (6")
above the ground or cut or trim any vegetation planted pursuant to approved
landscaping or beautification plan or cut any trees that were planted by the Department.
No vegetation shall be planted which shall upon maturity obscure any existing permitted
or otherwise lawful outdoor advertising sign in the determination of the Department.
AlI landscaping plantings and maintenance shall conform to the Department's Florida
Highway Landscaping Guide.
N/A 2. Before beginning any type of construction or maintenance, the City shall
notify ,maintenance engineer, located in ,
at telephone number (~ ,forty-eight (48)
hours in advance of work.
N/A 3. The City shall notify the maintenance engineer within twenty (20) days
of completion of the project or performing any maintenance to request final inspection
and approval.
N/A 4. The Department representative shall inspect said work and if it has been
performed to his/her satisfaction according to the approved drawing, the work shall be
accepted and a final acceptance letter shall be mailed to the City within twenty (20)
.days after final acceptance.
5. The City covenants and agrees that it shall indemnify and hold harmless
the Department or any and all employees from any claims, loss, damage, cost, charge
or expense arising out of any act, action, neglect or omission by the City during the
performance of this agreement, whether direct or indirect, and whether to any personal
or property to which the Department or said parties may be subject, except neither the
AGENDA ITEM #8A
SEPTEMBER 25, 2000
__
City nor any of its subcontractors shall be liable under this.. section.. for. damages arising
out of injury or damage to persons or property directly caused or resulting from sole
negligence of the Department or any of its officers, agents or employees.
6. The parties agree that the Florida Department of Transportation, District
Two. Secretary, or his designee, shall decide all questions, difficulties and disputes of
any nature whatsoever relating to the performance of this agreement as between. the
parties and his decision on all such claims and disputes relating to maintenance shall be
final and conclusive upon the parties.
7. If the Department determines that described work is not being properly
maintained, the Department shall give written notice to the city that the deficient items
shall be corrected within twenty (20) working days or .this agreement shall be
terminated.
8. If not otherwise in default, this agreement shall be renewed on a one (1)
year basis from the date of approval.
9. This agreement may not be assigned or transferred by the City in whole
or in part without the consent of the Department.
10. This agreement shall be governed by and construed in accordance with
the laws of the State of Florida.
11. All maintenance of traffic shall conform to the Department's Roadway
and Traffic Design Standards, Index Number 600 Series.
12. Any waste removed from FDOT right-of--way shall be transported and
disposed of in a legal and appropriate manner.
13. The parties agree that they shall reach an equitable agreement as to the
amount of subsidy to be received by the City from the FDOT which shall be based.
upon the FDOT's best estimate of its cost to maintain the. areas if ..the additional
landscaping had not been installed as contemplated in this agreement.
STATE OF FLORIDA
Witnesses: DEPARTMENT OF TRANSPORTATION
By
R. E. Johns, P.E.
District Maintenance Engineer
Attest
(seal)
' AGENDA ITEM #8A
• SEPTEMBER 25, 2000
ADDENDUM A
AGENDA ITEM #8A
SEPTEMBER 25, 2000
i
_ _. _ _ _-
ADDENDUM B
A. Routinely mow, cut and/or trim the grass or turf (includes total
-______greenscape)_ in accordance. ,with: the _ State.::,. of. Florida_ _Guide_-for Roadside Mowin _ _ ___ _
-- --_
_ _ g - _-_:
-- (1990) .arid any amendments thereto, .
B. Properly prune all plants, which includes:
1. Routinely trimming trees; and
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.