Loading...
HIGHWAY LANDSCAPING MEMORANDUM OF AGREEMENT '=~Bi ~ ~ u ~ the CITY: and a:: Z _ ...: w~l-... a.~U ~ <l: . (J)O:C:Z i<a.g I-Q.wt; w '.l.. :r 0 .- :) ~ UiCl: - LL' ~ ~IO(J)rfi I- Z Z Z shall be attractively landscaped with various flora; and w <00 UO u- ZI-..J I- <l: 0>-< owCl:<l:~ a:U~~Q. OZOIO uw ~ U [! U :;: >< <l: :.'.' " ..... f- .",- ~ '-; .... authorizes its officers to d-G so. ~ I 9 I !~ /' !f; /: ---1 -,.. ,"' <. - ~~ ;.- .~ :) (J) '.' ;[ W ,", i- !-- 0 i: ~ -, u z - ::J <. t.U <l: >aOf'>' ~w.J~~ ua:<:(J)Z q; :J ~ ..Jjzcrz 10 -'~} c' : 'iiI "I' L~,:Z. z. 0.--1- ..-.--- .i(.l",,,-.tl ___. .';\ TE ROAD No. hi> . -'-- ~~ COUtHY ~CITY LIMITS :::tc'~ ,:':'r>>", ,...'., r:c[) : r;'" ,:.).J .,U'\I' t~ ,-.u~", Lt I i__ . I) -j# - c;.- HIGHWAY LANDSCAPING "fA./).lA-1 /5"-'/2.~u/ ME'MORANDUM OF AGREEMENT 1st DIST. MAINTENANCE SEP 1 0 1986 \,T~ THIS AGREEMENT, made and entered into this day of '::) u... '- -< , 192>~, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component Agency of the State of Florida, hereinafter called the "DEPARTMENT", and the CITY OF CLEARWATER, Florida, existing under the laws of Florida, hereinafter called the "CITY". WIT N E SSE T H WHEREAS, the State of Florida has provided for the purpose of Public Transportation an 80' wide right-of-way consisting of traffic lanes, curbs, gutters, and sidewalk on that part of S.R. 60 from (Section 15220 S.R. 60) Mandalay Avenue east to bridge (See attached drawings), within the limits of WHEREAS, the entire length of this above-mentioned project 1S within the limits of the CITY; and WHEREAS, the parties hereto are of the op1n1on that said sidewalk area WHEREAS, the CITY, by Resolution No. v~-L/1 dated ~~ I ~ I reference made( a Il , 1 9 ~-~ attached hereto and by this part hereof, desires to enter into this Agreement and NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The €ITY will install plantings within the sidewalk area on that part of State Road 60 from Mandalay Avenue to the channel bridge III .;> ~ according to the plans and specifications attached hereto and made a part C!J ~ g.of this Agreement. o o ~ of and to the satisfaction of the Department. .c ~ ... ~ CJ E CJ :> o ... c. All such installations shall be made under the supervision - ~ 0 C .c 0 ., ~ ...... "- C"l .,) E CJ - -l ::: c, '- :l tn rj -'""') (1, a..:: () ~ 0 o CJ ~ ~ I: 'D "";J .... 2. The CITY hereby agrees to maintain the plantings following the Department's recommendations as to produce, safety, and plant care, at the o w QJ 0:: ;:, t- ~, Q sole expense of the CITY. The CITY'S responsibility for maintenance shall include all landscaped and/or turfed areas on Department of ~. -' <t ~t L'.. o < -0 VI.... >-Q z..... <tal ~ ~ Transportation right-of-way within the limits of the project. Such maintenance ~ 0 ~ . ~ -to be provided by the CITY is speci fically set out as follows: " '0 ;'.It is t~.~ resDonSibilily of the p(>r~lJtlee'", ..p.". PERMllTEE IS CAUTIONED. () \',,:0'1 all ::,."'" ana M " . '- ~_,_,rTlIrle ar.'; C:lrr.p;, . "d.' un'c'pa, orU,nilnrec In'll ar<- ,.', r~ TI-IAT UTI LITI ES MAY BE - ..-' CL'ilt")IIU("!I"jr"orOlhera . - - - ..r...lo,.lvet:J."e . .. . ., . '," Clo\llty Oesrr;beo on lh ...... _ () morc s!rin;;.>ntlha" OeD I ~ ~ IS permit 3f){1 dre LOCATED ,^'ITH IN THE t- == ,- - ' ar n'enl Of I ranSDOrtation r€o,,"crnC'1ts .. 0 ~ - c.. A1J portions of R/\V disturbed must - I - CONSTRUCTION AREA.. z >- ~; ~ be sodded where a gooo stand of ~;;,~~!~~:~ le.:nl"II.~ rwponlr.lllty, jarr.g. ,~ ,.... --:-- -' __ It all I . lIrue~'on. lor the Quality of tit o ~ fr~l'~ L.\lSleJ lllcluiling crOSlOll i11e Pinel!as Maintenance OfL;C-::::ucSd iooe.aotl~~. ~he~81l II bti,inC. permitted to. " , . ' r. . '\'. '''." ramage taell'lla, on 0" 7 ~ pI UllC ~;rI.'JS. -' ~ -',J!/ be not! f: ~d 24 hou rs i1 J r~,~~ ~~~;d"" right,ot,way or eam;""l 8';.:~n - ~ n.., . (".... '"'"'+' , 1:, """ tr,. rightt 'd" -', ,,< :~l.'..\':... ..'.. V p'.?. 'l,t-1. t I.~..J, . :" ance c! :,tz:rLI':J V)!j<~ '." ell ~r"ne"co vOl lI~ 1'''1',-:, 0_' ),:/{1. '!.J,:.:.,.o,J foe "I(I"!<::-' ",r'" ,,,!:: \'.' r.,~.\o)'. ': ',9- ) I To maintain, which means that proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes: (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removlng or replacing dead or diseased plants in their entirety, or removing or replacing plants that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement, unless written approval is obtained from the Department's Director of Main- tenance for the use of alternate material or deletions. To maintain also means to keep litter removed from the sidewalk area or - landscaped areas within the said project. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 3. If any time after the CITY has assumed the maintenance responsibility above-mentioned, it shall come to the attention of the Department's Director of Maintenance that the project or a part thereof is not being properly maintained pursuant to the terms of this Agreement, said Director of Maintenance may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter ln care of Director, Parks and Recreation Department to place said CITY on notice thereof. Thereafter the CITY shall have a period of thirty (30) days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period the -2- I I Department may at its option, proceed as follows: (a) Maintain the sidewalk area for the entire length within the limits of said project with Department or Contractors' personnel and charge the CITY for the reasonable value of said work: OR (b) Remove, by Department or Contractors' personnel, all of the landscaping except as to grass, and plant the entire sidewalk area in grass and charge the CITY the reasonable value of such work. 4. It is understood between the parties hereto that the landscaping covered by this Agreement may be 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 to meet with future criteria or planning of the Department. The CITY shall be given sixty (60) days notice to remove said landscaping after which time the Department may remove said landscaping and charge the CITY for the reasonable cost of such removal. 5. This Agreement shall remain in effect until such time the CITY wishes to cancel said agreement and this shall be done in writing giving the Department thirty (30) days notice. All landscaping shall be removed by the CITY and the Department's right-of-way returned to its original condition. If, after thirty (30) days, the landscaping has not been removed, the Department may at its option, proceed as follows: (a) Maintain the sidewalk area for the entire len~th within the limits of said project with Department or Contractors' personnel and charge the CITY for the reasonable value of said work; OR (b) Remove, by Department or Contractors' personnel, all of thel andscaping except as to grass, and plant the entire sidewalk area in grass and charge the CITY the reasonable value for such work. 6. The City of Clearwater shall indemnify, defend, save, and hold harmless the Department 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 breach of this Agreement by the City of Clearwater, its subconsultants, agents, or employees or due to any negligent act or occurrence of omission or -3- I I commission of the City of Clearwater, its subconsultants, arising under this Agreement. employees I Neither the City of Clearwater nor any of its agents or ~ agents 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 neglig~nce IZ / of the Department or any of its officers, agents, or employees. * ~?/ 7. The Department's Director of Maintenance shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the services hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 8. This Agreement is nontransferable and nonassignable In whole or In part without written consent of the Department. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION h..> ~ \~ ~ . BY: \ ~ " u.. '---'" Dlrec 0 of Maintenance (0-//( SEAL) '/)' MrYor-Comrnission~r '~v~L.li~ Clerk 1 SEAL) APproV,ed as to forrnftl& correctness: _~ , J~ ~. City Attorney *Nothing in this Paragraph 6 shall be construed to provide t that either party may be held liable to any person not a party , to this Agreement to any extent greater than the limits of ~ liability set forth in Section 768.28, Florida Statutes, and neither party waives any defenses it may have under that Section against claims from such persons. ~ o (fi) .0. r. FIS CAL /iPpr-.,." O CT ': )i- t: - /[:f' L '...J :~0-,_. -4- 1t-rr- .' -. ':.: S K E TC H SHOWII~G I ~ I '~E: { 2 c Pi-{OPOSE 0 UTI Li TY (~CN S TRueT ION ,. In ;CCC("d"~'..,,,, ..', "", ':(""'i" c;'.;,1."~( o~\,::;5, 1[1, ?,ci"rcitt",c ~hal1 Ut:: l.~,' ;:;:;. -:. :. . :'1-:;'.'. ~:):3t~) n:- fULllt'C acr..::,~ss i;j..:)di- fi cat. i 0/'1:'" """"':.rt;l d.::vic'~" r~:' other i:;;proverr.ents, when cl(:~~r~~~~ .. ~-,y :"'il: r-"1orida D~pClr\..!'nc:nl0f TTanspor:;'L"; :.0 t)~ ,',.:.:ded in conJunction with a.ccept.ed engineer ing pi ~.,': L" ces. ' , HI''! Line r- SEE ATTACHED ~ t CIL S.R. No. ~ _Mi. _~ I 'if R/W ALL ACTIVITIES IN ACCORD.c.NCE WITH THIS PERM/1 WILL REQU;R~ ADHERENCE TO THE DE P/\RTMENrs MANUAL ON .i;~AFFIC CONTRCL AND SAr=E PRACTICES FO R ST RE::::T Ar-JD HIGI-;'.(/;:, Y CONSTRUCTION. MAIN. TENANCE {.NO UTILITY OPcJ?ATIONS. Line All portions 6t r~;w dhturbecJ 111: be sod(:~d wh~rc ,! ~ood s!a;~d of gr~LS C"xisted incluuing erosion SKETCH OF INSTALLATION prone urcas,...., (not to scale) YnePinelfas Maintenance 'ottleY shall be ::otified 24 hours in advallc~ of startina work Phone 893-2734 - PLAN -. .. IF':'. '''Co 't"Sfil'-oc;',i<",,, ~f th . - "'-""''''';'\..1 "eVt......-r:li,. W1:~1 all Ccur.!\.' ~ r"l '1'l~' . _ lee 10 ae1ernli,:,"l~ ~n'O tt11T'ri.....~. J ":l. '" '".....:,tClpal Ort1lflanc_, _......-,.: cOnstruction or 0",](" ;o,-t,'v,'., d _~ " ,,-.- ~'!La,~ relative to the . . .. ~v ,. e' ~r1bed '" more Slringenl1han CApar"" '" I"~t T on ,n,spermit 3nd are - . ,I_n 0 ransportallon r-eQuiremenlS.~ ffR~iT VOiD r.mp, gJ Of\'N IJNLESS WORK IS CO'-4PLETUt 1- I I I ~ I ~~ '~I .....J) H ~l i_____________l I I I PERM'T'rEE rs CAUTIONEQ THAT UTILITIES MAY BE LOCATED WITHIN THE CONSTRUCTION AREA I ~ I~ H l~ , :~ :J ~0 I I i I j I ....:;.. -J I aiL nil eppllcant eu.mllS s~l respanl'lIl1lty. .'''I~gt~:~:;tI( ;amplellon of canslruc~IO~. fo~ Ihe Qua.l;tvd 010 ke tntr.. It slllocations whera It I~ be,l~9 p~rm:.te ment G~ ~uced Into the drainage facilities on Depart rt. ~~~~.~~~~~IIOnth:igr~~:/.~a:3~~ t~~:8;;rn~it Ta~Sd ~:~:Ir~ .'" '., 'ct' of all drainaos connection! If the Qoall~y a "~_'al' not maintained w:;hin limitationl estaBlll~:( ~~J\~~. D~;artm6nt of PolI.utlon Control or at~ar eOPfl- ,:1.1'. 'uav...rnm~~h" .::nanr.llilt SECTION /52"7 ~ STfj?AD No. W> ~o/.L/1'; atlAb~ CaUNiY CITY LIMITS '11 (9 I ~ I IV C ::;1 I C8G Exist. Sidewalk NOTE: ANY SIDEWALK DISTURBED WILL BE REPLACED BY SECTION TO D.O.T. SPEC'S... TYPICAL CURB AND GUTTER CROSS SECTION (not to seal e) j~'!:'!s.n'n INC.. TAUAUASSEE (IF ABOVE TYPICAL SECTIONS .lonE NOT APPLICABLE. THEN SHOW APPLICA8LE ONE ON BACK SIDE OF THIB 8HEET) I CORONADO DR. - --- ~, " " ~\\ \' -\ . \ \\-J \ - 0- 1'1 )( en ~ Z CO) (; n ''1 --I -0 ~ ::0 ;0;: Z CO) o ." N \ \ en MATCH I \ \ \ \ \ \ . ~--._- Mlj,NDAlAY RD. () ~ c (j') {T1 ~ 1>, --. () . :;0 1,1 f' \----- I \ \z 80 Ie \ ~ -'l1S1;1.~~l.'~ CD o c r rn <:: ~ :0 o \ \ ~L__~ POINSETTA AVE 11 . D~' 4\p ~r---_ ( \ \ \ \ \ \ \ , LINE I MATCH ./ ......"'" I LINE rT1 )<( (fl -l Z G> " )::> :::c :;>:; z G> (/) :::c ...... :i: BO' () ~ C (n rn ~. ~ ~ ~\ ~ CD o c r rn < > ;0 o I , \: n\ \.': \ \- \ Ir U\ \ rL--- ~ / ... '.. ,- - (fl z ~ G> (Tj IT! -l N 0 ~ I\J I , RES 0 L UTI 0 N No. 86 - 49 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING A LANDSCAPING AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR LANDSCAPING PORTION OF STATE ROAD 60, FROM MANDALAY AVENUE TO THE CHANNEL BRIDGE, AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. WHEREAS, the City and the Florida Department of Transportation have negotiated an agreement providing for the installation and maintenance of landscaping on that portion of ,State Road 60 from Mandalay Avenue to the channel bridge, a copy of which agreement, entitled "Highway Landscaping Memorandum of Agree- ment," is attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission does hereby approve the Highway Landscaping Memorandum of Agreement, and the City Manager and City Clerk are hereby authorized to execute the agreement on behalf of the City of Clearwater. Section 2. This Resolution shall take effect immediately upon aaoptlor.. PASSED AND ADOPTED t.'lis 17th day of July, 1986. /s/ Kathleen F. Kelly Mayor-Commissione~ Attest: /s/ Cynthia E. Goudeau City Clerk I hereby cerGy that thIs is a true 2:":d C'u- "I';v't c,~:,,, ,.; 'l' he ,., ..:,.. :",:\ ,., c: , 1 ""-'r' j' UI ,Iv L!, '". l~. C.- ,. appC3.1'S ;;--i 1;-;2 f>~:3 U~: -d-:s C~ty '- \JI0~I\'.~.~Ci-. \.:.'i'< ,-;~:: .-~.. :~::...: ~. ~..i~,~i1 ~: ,v ',,:"i0. (..CJ. uT l.'~:'.;':,:~C' 1,,:;;,dl<~L u~'j U:_~h_', I ~..o~. 0L~~~~.~_._~~~.lJ ~. ~. c:::/ \..,!8n'\ ..,l.1..::\t..,,!,,'jL;-';.i. J,L' J.."Lj',:';J.l 1'.'\ ; '! A portion of the bel~ listed requireIDcnts qre in addition to those outlined in the Department's Utility Accommodation Guide, adop[ed July 1, 1979. These requirements are subject to change without notice, and in no way do they re- lieve the permittee of his liability for any damage which may occur as a result of the utility installation and maintenance of same. 1. Daniel James Karas Phone 893-2734 with the Department of Transport- ation, shall be notified at least 24 hours in advance of commencing work. 2. During the construction and/or maintenance of the utility, a~ approved by this permit, all safety regulations of the State of Florida Department of Transportation and other authorities shall be complied with including the display of warning devices, signs and flagmen when applicable. 3. No part of the pavement is to be obstructed during the construction or maintenance of this utility. 4. All above ground appurtenances shall be located at the right-of-way line. 5. Temporary storage on the Department's right-of-way material (poles, cables, pipes, etc.) to be used in the construction of the utility will not be per- mitted prior to the issuance of permit, and will be limited to a 3D-day period, providing materials do not create a sight distance restriction and that the offset distances as specified in the Utility Accommodation Guide are met. 6. Temporary storage (not to exceed 7 calendar days) of trench excavations will not be permitted within 12 feet of the pavement edge. Also, ,these excavations are to be stored in such manner that the sight distance on horizontal curves or intersecting side roads are not restricted. 7. No excavation shall be permitted within 4-feet of the pavement edge. 8. If the permitted utility includes mechanical boring, an inspector for the Department of Transportation must be present. 9. All jacking and boring shall be done as a continuous opera~~on as specified by the jacking and boring supplement of the Utility Accommodation Guide. 10. Open pavement cuts are not authorized unless indicated below. 11. Any poles shown to be constructed by this permit are not to exceed 24 inches in diameter. 12. All trenches will be backfilled in accordance with the State of Florida Department of Transportation's Specifications. 13. All open cut asphalt areas must be filled within 24-hours and capped with a minimum of 3-inc~es of asphalt. 14. If driveway connections are anticipated to be disturbed as a result of the installation of the utility approved by this permit, it is highly recommended for the protection of the permittee. that prior to the construction. the permittee file with the Department, photos showing the general condition of any driveways to be affected. 15. If the utility is installed by contract, it is suggested that the permittee prepare a letter for execution by the Department to the effect that the utility has been installed at the location as approved by the permit and right-of-way restoration is acceptable. 16. Before crossing any City or County facility connecting to State Roads, prior approval as to the method used (jack or open cut) must be obtained from the County Engineer's Office or City Engineer's Office. 17. All portions of Right-of-Way disturbed must be sodded where a good stand of grass existed including erosion prone areas. 18. The applicant assumes all responsibilities during and after completion of construction for the quality of the water at all locations where it is being permitted to be introduced to the drainage facilities on Department of Trans- portation right-of-way or easement. The Department retains the right to void this permit and require removal of all drainage connections if the quality of water is not maintained within limitations established by the Department of Pollution Control or other appropriate governmental agencies. OTHER REQUIREMENTS