Landscape Development and Management Practices for Urban Freeway Roadsides (2019)

Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

F-1 Cooperative Agreements A P P E N D I X F Appendix F contains examples of state DOT documents pertaining to cooperative agreements. Table F1 shows the state agency, source document, and the type of document. These documents are on the respective agency’s website. TABLE F1. Examples of state DOT documents for cooperative agreements. Cooperative Agreements State Document Title Document Type Alabama DOT Agreement for the Cooperative Maintenance of Public Right of Way Cooperative Agreement Form Louisiana Department of Transportation and Development Vegetation Enhancement Permit Permit Form Ohio DOT Agreement between the State of Ohio, Department of Transportation and the [City or Village] of _____________ to Improve and Maintain Interchange or Highway Corridor of __________ and Highway Landscaping Cooperative Agreement Oregon DOT Ornamental Landscaping Highway Division Directive DES 20-01 Pennsylvania DOT Application for a Right of Way Vegetation Management Permit Permit Form Virginia DOT Landscape Installation & Maintenance Land Use Permit LUP-LS

F-2 Landscape Development and Management Practices for Urban Freeway Roadsides Alabama Department of Transportation https://www.dot.state.al.us/maweb/pdf/PermitManual.pdf

Cooperative Agreements F-3 Alabama Department of Transportation

F-4 Landscape Development and Management Practices for Urban Freeway Roadsides Alabama Department of Transportation

Cooperative Agreements F-5 Alabama Department of Transportation

F-6 Landscape Development and Management Practices for Urban Freeway Roadsides Louisiana Department of Transportation and Development http://wwwsp.dotd.la.gov/Inside_LaDOTD/Divisions/Engineering/Road_Design/Right-of- Way/Documents/Vegetation%20Enhancement%20Permit.pdf

Cooperative Agreements F-7 Louisiana Department of Transportation and Development

F-8 Landscape Development and Management Practices for Urban Freeway Roadsides Louisiana Department of Transportation and Development

Cooperative Agreements F-9 Ohio Department of Transportation ODOT Agreement No. __________ AGREEMENT BETWEEN THE STATE OF OHIO, DEPARTMENT OF TRANSPORTATION AND THE [CITY or VILLAGE] OF _____________ TO IMPROVE AND MAINTAIN INTERCHANGE OR HIGHWAY CORRIDOR OF __________ AND HIGHWAY LANDSCAPING This agreement is made by and between the State of Ohio, acting by and through the Director of the Ohio Department of Transportation (hereinafter referred to as “ODOT”), 1980 West Broad Street, Columbus, Ohio 43223 and the [City or Village] of __________, Ohio (hereinafter referred to as the “City” or “Village”),_________________________. 1. PURPOSE 1.1 Sections 5501.11(A)(4) and 5501.31 of the Ohio Revised Code provide that ODOT may cooperate with municipal corporations in the establishment, construction, reconstruction, and improvement of public roads and bridges. 1.2 Section 5501.03(A)(3) of the Ohio Revised Code provides that the director of Transportation may coordinate the activities of the Department of Transportation with other appropriate public authorities and enter into contracts with such authorities as necessary to carry out its duties, powers and functions. 1.3 ODOT has received federal funding through the Federal Transportation Enhancement program to be used for eligible gateway landscaping projects (“GLP”) and ODOT wishes to use such funds to purchase plants and landscaping material to be on GLP projects. 1.4 The CITY or VILLAGE has determined that it is in the public interest and for the benefit of public safety to construct improvements to the interchange or corridor of ______________________ (hereinafter known as the “PROJECT”). 1.5 ODOT has determined that this PROJECT is eligible for GLP funding and wishes to purchase eligible plants and landscaping materials to be used in the PROJECT. 1.6 The CITY or VILLAGE is willing to provide, by way of construction, the costs associated with constructing the improvements and is willing fully to cooperate with ODOT in completing and maintaining the PROJECT and ODOT is willing to accept the contribution under certain conditions. 2. SCOPE OF WORK

F-10 Landscape Development and Management Practices for Urban Freeway Roadsides Ohio Department of Transportation 2.1 The work to be performed under this Agreement shall consist of the following: The design and construction of ___________ and landscape plantings as fully described in the construction plans titled ______________________, and approved by ODOT, Office of Maintenance Administration, ODOT Agreement No._______. 2.2 All work on the PROJECT shall be accomplished in accordance with the latest Design Criteria, Standard Drawings and Construction and Materials Specifications of ODOT, which shall include provisions for a Maintenance of Traffic Plan (“Plans and Specifications”), as agreed to by the CITY or VILLAGE. 3. OBLIGATION OF THE CITY OR VILLAGE 3.1 The CITY or VILLAGE agrees to furnish, at no cost to ODOT, a complete set of the Plans and Specifications of the PROJECT prepared by (name of engineering firm) _________________, and to submit the same in a timely manner for review and approval by ODOT and, if necessary, the FHWA. 3.2 The CITY or VILLAGE agrees to cooperate with ODOT and, where necessary, the FHWA in obtaining the approval of the PROJECT Plans and Specifications by all necessary parties. 3.3 The CITY or VILLAGE agrees to pay the entire construction cost of the PROJECT including, but not limited to, _______ and landscape plantings, as detailed in the Plans and Specifications and in subsequent construction change orders. As herein, “construction cost” means that total initial contract price adjusted upward or downward for change orders and claims made under the Construction and Material Specifications or under this Agreement. 3.4 The CITY or VILLAGE agrees to pay all costs and perform all construction, inspection, supervision, sampling and testing for the PROJECT. 3.5 The CITY or VILLAGE agrees to provide ODOT an executed copy of the Construction Agreement between the CITY and its contractor. 3.6 The CITY or VILLAGE agrees to submit a detailed and approved invoice of all expenditures for eligible plant materials to ODOT within thirty (30) days of the completion of the PROJECT. 4. OBLIGATIONS OF ODOT

Cooperative Agreements F-11 Ohio Department of Transportation 4.1 ODOT agrees to grant to the CITY or VILLAGE a permit to use and occupy the ramps and rights-of-way in and abutting ________________ for purposes of construction of this PROJECT. 4.2 ODOT agrees to purchase plants and landscaping materials, an amount not to exceed _____________ Dollars and ___ Cents ($0000) from its allocation of TE federal funds for eligible plant materials purchased for the PROJECT. 4.3 ODOT will carefully review the right-of-way permit application and conduct a review of potential environmental impacts prior to right-of-way permit approval. As such, each District Environmental Coordinator will be responsible for assessing the project area and completing the necessary environmental documentation, if warranted, per the Programmatic Categorical Exclusion Agreement between The Federal Highway Administration and the Ohio Department of Transportation dated March 6, 2003. Due to the limited scope of work for vegetation removal projects, it is likely that many of these projects will be exempt from environmental documentation. In the case where impacts or project criteria require a higher level of documentation ODOT will complete the appropriate documentation per the CE agreement. 5. CONSTRUCTION 5.1 The construction of the PROJECT will be accomplished by the CITY or VILLAGE letting a contract to a contractor pre-qualified by ODOT (as determined by and contained in a list prepared by the Ohio Department of Transportation) or by the CITY or VILLAGE’s own forces. 5.2 The CITY or VILLAGE further agrees to require its contractor to pay wages based on the prevailing wage rates and to comply and have its contractor comply with all equal employment and civil rights provisions. 5.3 The CITY or VILLAGE shall prepare Plans and Specifications for any change orders required for satisfactory completion of the work. 5.4 The CITY or VILLAGE shall certify that the construction is completed in accordance with the provisions of the Agreement and in accordance with the current ODOT Construction and Materials Specifications and other appropriate and applicable specifications. 5.5 If the CITY or VILLAGE does anything contrary to the approved plans and specification and after due notice, fails to correct such action, ODOT may take those measures contained in the Construction and Materials Specifications to ensure full restitution and compliance.

F-12 Landscape Development and Management Practices for Urban Freeway Roadsides Ohio Department of Transportation 5.6 Highway property, disturbed by the CITY or VILLAGE, shall be restored using materials, design and workmanship in conformance with the Ohio Department of Transportation Construction and Material Specifications, Location and Design Manual, or other existing Department Standards. 5.7 All work requiring men or vehicles on the pavement or shoulders shall comply with all of the requirements of the Ohio Manual of Uniform Traffic Control Devices and Item 614 (Maintaining Traffic) of the Ohio Department of Transportation Construction and Materials Specifications. Failure to comply with the requirement will be cause for immediate suspension of contract work until the proper traffic controls have been provided. 5.8 The CITY or VILLAGE, upon completion of the work, shall leave the highway clean of all rubbish, excess materials, temporary structures and equipment and all parts of the highway disturbed by the PROJECT shall be left in acceptable condition. 6. NOTICE 6.1 Notice under this Agreement shall be directed as follows: City of __________ Ohio Department of Transportation (Address) (Address) Attn: ___________ Attn: ___________ Telephone: ___________ Telephone: ___________ 7. BREACH OF CONTRACT 7.1 Neglect or failure of the CITY or VILLAGE to comply with any of the terms, conditions, or provisions of this Agreement, including misrepresentation of fact, shall be an event of default, unless such failure or misrepresentation are the result of natural disasters, strikes, lockouts, acts of public enemies, insurrections, riots, epidemics, civil disturbances, explosions, orders of any kind of governments of the United States or State of Ohio or any of their departments or political subdivisions, or any other cause not reasonably within the CITY or VILLAGE’s control. The CITY or VILLAGE, however, shall remedy as soon as possible each cause preventing its compliance with this Agreement. 7.2 If notified by ODOT in writing that it is in violation of any of the terms, conditions, or provisions of this Agreement, and a default has occurred, the CITY or VILLAGE shall have thirty days or a time negotiated with ODOT from the date of such notification to remedy the causes preventing its compliance and curing the default situation. Expiration

Cooperative Agreements F-13 Ohio Department of Transportation of the thirty days or negotiated time and failure by the CITY or VILLAGE to remedy the default shall result in termination of this Agreement by ODOT. 7.3 Upon a termination of this Agreement by ODOT, ODOT shall conduct an inspection of the PROJECT to determine whether or not the PROJECT has been completed to a degree acceptable to ODOT. If the PROJECT is not completed to a degree and condition acceptable to ODOT, then ODOT may take any measures necessary to complete the PROJECT. The CITY shall be held responsible for full restitution of all expenses incurred in completing the PROJECT. 7.4 No remedy herein conferred upon or reserved by ODOT is intended to be exclusive of any other available remedy, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right or option accruing to ODOT upon any default by the CITY or VILLAGE shall impair any such right or option or shall be construed to be a waiver thereof, but any such right or option may be exercised from time to time and as often as may be deemed expedient by ODOT. 8. MAINTENANCE 8.1 The CITY or VILLAGE agrees to keep the exit and entrance ramps to the interchange or corridor of __________open to traffic at all times while performing any maintenance activities. 8.2 The CITY or VILLAGE agrees to perform all maintenance activities required by industry practices to maintain the PROJECT in an attractive manner. “Maintenance activities” can include, but shall not be limited to: litter removal, repairing the concrete edging, repairing the retaining wall, on-going landscape maintenance, repair or replacement of any dead trees or plants and repair, mowing or replacement of ground cover. (List in this section what maintenance activities will take place, when they will take place how often, and any other specifics concerning the maintenance of the project.) 8.3 The CITY or VILLAGE agrees to make ample financial and other provisions for such maintenance of the PROJECT after its completion. 8.4 ODOT agrees to grant to the CITY or VILLAGE any necessary permits to use and occupy the ramps and rights-of-way in and abutting State Route ______ for purposes of maintaining landscaping, _______, and __________ in an attractive manner.

F-14 Landscape Development and Management Practices for Urban Freeway Roadsides Ohio Department of Transportation 8.5 The CITY or VILLAGE agrees to submit any additional landscaping plans to ODOT for prior approval or to submit changes, additions, or deletions to existing landscaping to ODOT for prior in a timely manner. 9. GENERAL PROVISIONS 9.1 The signing of the Agreement does not in any way abridge the right of the Director of Transportation in his jurisdiction over the state highway system. If, at any time, it becomes necessary, in the opinion of the Director of Transportation to order the removal, reconstruction, relocation, or repair of any of the improvements made under the Agreement, said removal, reconstruction, relocation or repair shall be completed wholly at the expense of the CITY or VILLAGE, and be made as directed by the Director of Transportation. 9.2 This Agreement and Permit No. ___________ constitutes the entire Agreement between the parties. All prior discussions and understandings between the parties are superseded by this Agreement. 9.3 Neither this Agreement nor any rights, duties, or obligation described herein shall be assigned by either party hereto without the prior express written consent of the other party. Any change to the provisions of this Agreement must be made in a written amendment executed by both parties. 9.4 This Agreement shall be construed and interpreted and the rights of the parties determined in accordance with the laws of the State of Ohio. 9.5 The District Deputy Director of District __ shall have full authority to ensure the full compliance of the provisions of this Agreement. 9.6 The signing of the Agreement or the doing of any work there under shall constitute an agreement by the CITY or VILLAGE to comply with all of the conditions and restrictions of this Agreement and the Permit printed or written herein. 9.7 The CITY or VILLAGE shall save harmless the State of Ohio and all of its representatives from all suits, actions or claims of any character brought on account of any injuries or damages sustained by any person or property in consequence of any neglect or on account of any wrongful act or omission on the part of the CITY or VILLAGE as a result of the construction or maintenance of the PROJECT. 9.8 The CITY or VILLAGE shall comply with the Air Pollution requirements of Rule 3745- 17-08 of the Ohio Administrative Code promulgated and enforced by the Ohio Environmental Protection Agency.

Cooperative Agreements F-15 Ohio Department of Transportation 10. CERTIFICATION OF FUNDS 10.1 It is expressly understood by the parties that all financial obligations of the State of Ohio are subject to the provisions of Section 126.07 of the Ohio Revised Code. The financial obligations of the State of Ohio shall not be valid and enforceable unless funds are appropriated by the Ohio General Assembly and encumbered by ODOT. If the Ohio General Assembly fails at any time to continue funding for GLP projects hereunder, this Agreement is hereby terminated as of the date that the funding expires without further obligation of ODOT. 11. TERMINATION 11.1 Either party may terminate this agreement by giving the other party ninety (90) days written notice. 11.2 All funding commitments made by ODOT in this Agreement shall commence on the date of the last signature hereto and shall expire on ________ At that time, ODOT may renew this Agreement on the same terms and conditions for a period beginning _________, and ending no later than ________, or earlier provided that the party’s contractual obligations have been completed, by giving written notice to the CITY or VILLAGE by ___________. 11.3 All maintenance obligations of the CITY or VILLAGE shall commence upon completion of the PROJECT and shall expire four years thereafter, unless otherwise extended by mutual agreement of both parties. 12. SIGNATURES 12.1 Any person executing this agreement in a representative capacity hereby warrants that he/she has been duly authorized by his/her principal to execute this agreement on such principal’s behalf. THE STATE OF OHIO CITY OF ___________________ Department of Transportation ____________________________ ____________________________ Jolene M. Molitoris City Manager Director Date: _______________________ Date: _______________________

F-16 Landscape Development and Management Practices for Urban Freeway Roadsides Oregon Department of Transportation

Cooperative Agreements F-17 Pennsylvania Department of Transportation

F-18 Landscape Development and Management Practices for Urban Freeway Roadsides Pennsylvania Department of Transportation

Cooperative Agreements F-19 Virginia Department of Transportation The Virginia DOT Land Use Permit LUP-LS Landscape Installation & Maintenance is available through the DOT website at: http://www.virginiadot.org/business/resources/land_use_regs/newPermitPackages/LUP-LS.pdf.

F-20 Landscape Development and Management Practices for Urban Freeway Roadsides

Cooperative Agreements F-21

F-22 Landscape Development and Management Practices for Urban Freeway Roadsides

Abbreviations and acronyms used without definitions in TRB publications: A4A Airlines for America AAAE American Association of Airport Executives AASHO American Association of State Highway Officials AASHTO American Association of State Highway and Transportation Officials ACI–NA Airports Council International–North America ACRP Airport Cooperative Research Program ADA Americans with Disabilities Act APTA American Public Transportation Association ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials ATA American Trucking Associations CTAA Community Transportation Association of America CTBSSP Commercial Truck and Bus Safety Synthesis Program DHS Department of Homeland Security DOE Department of Energy EPA Environmental Protection Agency FAA Federal Aviation Administration FAST Fixing America’s Surface Transportation Act (2015) FHWA Federal Highway Administration FMCSA Federal Motor Carrier Safety Administration FRA Federal Railroad Administration FTA Federal Transit Administration HMCRP Hazardous Materials Cooperative Research Program IEEE Institute of Electrical and Electronics Engineers ISTEA Intermodal Surface Transportation Efficiency Act of 1991 ITE Institute of Transportation Engineers MAP-21 Moving Ahead for Progress in the 21st Century Act (2012) NASA National Aeronautics and Space Administration NASAO National Association of State Aviation Officials NCFRP National Cooperative Freight Research Program NCHRP National Cooperative Highway Research Program NHTSA National Highway Traffic Safety Administration NTSB National Transportation Safety Board PHMSA Pipeline and Hazardous Materials Safety Administration RITA Research and Innovative Technology Administration SAE Society of Automotive Engineers SAFETEA-LU Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (2005) TCRP Transit Cooperative Research Program TDC Transit Development Corporation TEA-21 Transportation Equity Act for the 21st Century (1998) TRB Transportation Research Board TSA Transportation Security Administration U.S. DOT United States Department of Transportation

ISBN 978-0-309-48040-6 9 7 8 0 3 0 9 4 8 0 4 0 6 9 0 0 0 0 TRA N SPO RTATIO N RESEA RCH BO A RD 500 Fifth Street, N W W ashington, D C 20001 A D D RESS SERV ICE REQ U ESTED N O N -PR O FIT O R G . U .S. PO STA G E PA ID C O LU M B IA , M D PER M IT N O . 88 Landscape D evelopm ent and M anagem ent Practices for U rban Freew ay Roadsides N CH RP Synthesis 539 TRB