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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.