STREETSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT - STATE ROAD 590 & BAKER AVENUE
MOA 01-03
STREETS CAPE MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into as ofthe _ day of , 200~, by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component
agency of the State of Florida, hereinafter called the "Department" and City of Clearwater , a
political subdivision ofthe State of Florida, existing under the Laws of Florida, hereinafter called the
"Local Government".
WITNESSETH
WHEREAS, the Department owns State Road ~ right-of-way consisting of road
improvements and grassed areas abutting thereon located at the intersection with Baker A venue in
Clearwater in Pinellas County, Florida (the "Project Highway"); and
WHEREAS, the Department has responsibility for operation and maintenance of the State
Highway System; and
WHEREAS, the Local Government is desirous of beautifying the Project Highway which
would improve and enhance its aesthetic quality; and
WHEREAS, the Department is authorized to contract with local governmental entities for the
performance of its duties where it can be documented that such entities can perform the duties more
cost effectively; and
WHEREAS, the parties hereto recognize the need for entering into an agreement designating
and setting forth the responsibilities of each party in maintaining the landscaping; and
WHEREAS, the Clearwater City Council has authorized its officers to execute this agreement
on its behalf.
NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the
other, the parties covenant and agree as follows:
1. The Local Government has installed streetscaping on those areas of the Project Highway as
specified in the Construction Plans and Specifications attached hereto as Exhibit "B", all of which
are hereby incorporated herein and made a part hereof by this reference and all of the work in
connection therewith being hereinafter referred to as the "Project". In no event shall the Local
Government change or deviate from the Project plans and specifications without prior written
approval of the Department.
In the event that any installations are at any time determined by the Department to be
interfering with the safe and efficient operation of any transportation facility, or are, otherwise,
determined to present a danger to public health, safety, or welfare, said installation shall be
immediately brought into departmental compliance at the sole cost and expense of the Local
Government. In the event that the Local Government fails to immediately remove such installations,
or in the event that an emergency exists, the Department, at its option, may proceed with removal of
such installations and charge the cost thereof to the Local Government.
The City recognizes that the Department may have future construction projects which could
result in the removal of or damage to the paver blocks. The City agrees that the Department and its
contractor will not be responsible for repair or replacement ofthe paver blocks.
2. The Local Government at all times shall maintain the Project in a reasonable manner and
with due care. Specifically, the Local Government agrees to carry out the following maintenance
responsibilities:
(a) routine maintenance as required to provide safe surface for pedestrians and motorists,
(b) repair or replacement of broken components,
The Local Government agrees to repair, remove or replace at its own expense all or part of
the Project that falls below Project standards caused by the Local Government's failure to maintain
the same in accordance with the provisions of this paragraph. In the event any part or parts of the
Project, including plants, have to be removed and replaced for whatever reason, they shall be
replaced by parts of the same grade, size and specification as provided in the original plans for the
Project.
3. The Department recognizes that the City must comply with section 166.241 ofthe Florida
Statutes. Nothing in this agreement shall be construed by the City to violate the provisions of this
statute.
4. Maintenance of the Project shall be subject to periodic inspections by the Department. In the
event that any ofthe aforementioned responsibilities are not carried out or are otherwise determined
by the Department to not be in conformance with the applicable Project standards, the Department,
in addition to its right of termination under Paragraph 10, may at its option perform any necessary
maintenance without need of any prior notice and charge the cost thereofto the Local Government.
5. The Department's Local Maintenance Office shall be notified forty-eight (48) hours in
advance of commencing any maintenance activities. The Local Maintenance Engineer with
responsibility for the roadway within this Project is Brian A. Bennett, P.E. located at 5211
Ulmerton Road, Clearwater, FL 33760 , telephone number (727) 570-5101 .
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6. The Local Government stipulates that they have submitted copies ofthe landscaping plans to
all utilities with facilities within the project limits for their review and comment. Any conflicts
and/or concerns raised by the utilities are to have been resolved by the Local Government prior to the
execution ofthis agreement. Letters to this effect from each utility are to be submitted
by the Local Government to the Department. Prior to commencing any field activities on this
project, the Local Government is to notify all the utilities oftheir work schedule so that any affected
utilities can be field located and marked to avoid damage during construction.
7. The Local Government will comply with all Departmental Maintenance of Traffic
Regulations. All vehicles, equipment and personnel shall maintain a minimum of 15 feet clearance
from the edge of pavement. Ifthe permittee desires to work closer to the edge of pavement that 15
feet or close a traffic lane, a Maintenance of Traffic plan must be submitted to the Local
Maintenance Engineer for approval prior to beginning construction and/or maintenance activities.
The permittee shall have Maintenance of Traffic certified personnel set up or supervise the set up and
operation of such Maintenance of Traffic devices at the project site.
8. The Department will require the Local Government to cease operations and remove all
personnel and equipment from the Department's right-of-way if any actions on the part ofthe Local
Government or representatives of the Local Government violate the conditions or intent of this
agreement as determined by the Department.
9. It is understood between the parties hereto that any or all of the Project may be removed,
relocated or adjusted at any time in the future as determined to be necessary by the Department in
order that the adjacent state road be widened, altered or otherwise changed to meet with the future
criteria or planning ofthe Department. The Local Government shall be given notice regarding such
removal, relocation or adjustment and shall be allowed sixty (60) calendar days to remove all or part
of the Project at its own cost. After the sixty (60) calendar day removal period, the Department may
remove, relocate or adjust the Project as it deems best. Wherever the Local Government is entitled
to remove vegetation pursuant to this paragraph, the Local Government shall restore the surface of
the affected portion ofthe project premises to the same safe condition as it was before installation of
such vegetation. The restoration expected shall consists of grading and filling holes and indentations
caused by the aforesaid removal, as well as any seeding or sodding necessary to provide a grassed
area.
10. This Agreement may be terminated under anyone of the following conditions:
(a) By the Department, ifthe City fails to perform its maintenance responsibilities under
this Agreement, following fifteen working days written notice.
(b) By the City following sixty calendar day's written notice.
(c) By the Department following sixty calendar day's notice.
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11. In the event this Agreement is terminated in accordance with 10(a) or 10(b) above, the
Department may, at its option, proceed as follows:
(a) Maintain the Project or a part thereof with Department forces or private contractors
and charge the City for the reasonable costs of such work; or
(b) Remove or restore the Project or a part thereof with Department forces or private
contractors and charge the City for the reasonable costs of such work.
In the event this Agreement is terminated in accordance with 10(c) above, the Department
may remove, relocate or adjust the Project, as it deems best.
12. To the extent provided by law, the City shall indemnify, defend, and hold harmless the
Department and all of its officers, agents and employees from any claim, loss, damages, cost, charge,
or expense arising out of any act, error, omission, or negligent act by the City, its agents, or
employees, during the performance of the Agreement, except that neither the City, its agents, or its
employees will be liable under this paragraph for any claim, loss, damage, cost, charge or expense
arising out of any act, error, omission, or negligent act by the Department or any of its officers,
agents, or employees during the performance of the Agreement.
When either party receives notice of a claim for damages that may have been caused by the
other party in the performance of services required under this Agreement, that party will immediately
forward the claim to the other party. Each party will evaluate the claim, and report its findings to
each other within fourteen (14) working days and jointly discuss options in defending the claim. A
party's failure to promptly notify the other of a claim will not act as a waiver of any right herein.
13. The Department's District Secretary 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 service 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.
14. This Agreement embodies the entire agreement and understanding between the parties hereto
and there are no other agreements or understandings, oral or written, with reference to the subject
matter hereof that are not merged herein and superseded hereby.
15. This Agreement may not be assigned or transferred by the Local Government, in whole or in
part without consent of the Department.
16. This Agreement shall be governed by and construed in accordance with the laws ofthe State
of Florida.
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17. All notices, demands, requests or other instruments shall be given by depositing the same in
the U.S. Mail, postage prepaid, registered or certified with return receipt requested, or by telex or
telegram:
(a) If to the Department, address to 11201 North Malcolm McKinley Drive, Tampa,
Florida 33612, or at such other address as the Department may from time to designate
by written notice to the Local Government; and
(b) If to the Local Government address to Mike Quillen. PE. City Engineer. City of
Clearwater. 100 S Myrtle St. Clearwater. FL 33756 (phone 727 562-4750) or at such
other address as the Local Government from time designates by written notice to the
Department.
All time limits provided hereunder shall run from the date of receipt of all such notices,
demands requests and other instruments.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
City of Clearwater
a political subdivision of
the State of Florida
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:~iJ.~
Name: William B. Home,II
Title: City Manager
By:
Kenneth A. Hartmann, P .E.
District Secretary, District Seven
Attest: ~f' JLu_~
Title: .{. 04 L-(SEAL)
Attest:
Executive Secretary
(SEAL)
As to form:
~
'/
As to form:
Office of the General Counsel, District 7
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Chase, Susan
From: Quillen, Michael
Sent: Wednesday, June 10, 2015 10:16 AM
To: Chase, Susan
Subject: RE: Unsigned Document- Streetscape maintenance agmt- Baker Ave
Igo, you've been looping for this one for years. It was a Ken Sides project & he was never able to
locate a signed one Mere or from IFDOT.
Michael D.Quillen,P.E.
Director of En gi 1weri1ig
City of Cleat-water
michael.quillen @myclearwater.com
727-562-4743
From: Chase, Susan
Sent: Wednesday, June 10, 2015 10:06 AM
To: Quillen, Michael
Subject: Unsigned Document - Streetscape maintenance agmt - Baker Ave
Please review the attached unsigned document it was sent to you on 12/1/04 to get the other parties signature. Do you
have the fully signed document? Let me know. Thanks
Susan. Chase, FCRM.
Documents &, Records Specialist
(727) 552 4099
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