DISTRICT SEVEN HIGHWAY LANDSCAPE REIMBURSEMENT AND MAINTENANCE MEMORANDUM OF AGREEMENT AND RESOLUTION NUMBER 05-12
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HLRMOA 01-05
DISTRICT SEVEN HIGHWAY LANDSCAPE REIMBURSEMENT
AND MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into as ofthe 2tJD day of MAY ,2005, 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, a municipal corporation of the State of Florida, existing under the Laws of
Florida, hereinafter called the "City".
WITNESSETH
WHEREAS, the Department intends to construct or otherwise reconstruct and improve State
Road 60 (Courtney Campbell Causeway) right-of-way consisting of road improvements and
grassed areas abutting thereon located between Bay Street and the eastern City Limits in Pinellas
County, Florida (the "Project Highway"); and
WHEREAS, the Department has allocated funds for landscape improvements in conjunction
with the construction or reconstruction of the Project Highway, under FP# 418868-1-54-01 , and
is authorized pursuant to Section 334.044, Florida Statutes, to reimburse the City for eligible
landscape expenditures; and
WHEREAS, upon installation of the landscape improvements, the City has agreed to maintain
the same at its sole expense and in a reasonable manner; and
WHEREAS, the City by Resolution No. oS - \ z.. , a copy of which is attached hereto as
Exhibit "A", has authorized its officers to execute this Agreement on its behalf.
NOW, THEREFORE and in consideration of the mutual benefits that flow each to the other, the
parties covenant and agree as follows:
1. SUBMITTALS
a. The City shall produce plans for and install landscape improvements on those areas of the
Project Highway as'depicted in the Landscape Plans and Specifications to be attached hereto and
incorporated herein as Exhibit "B". All work conducted in connection with plans production and
installation of landscape materials shall hereinafter be referred to as the "Project".
b. Final planting plans, details and technical specifications shall be prepared in conformance
with Section 481 Part II, Florida Statutes, Florida Administrative Code Rule 14-40, all applicable
requirements of the Highway Landscape, Beautification and Plan Review Procedure (Topic No.
650-050-001), and shall be based on the District's current roadway plan.
c. Not later than ninety calendar days following the execution of this Agreement or receipt
offederal authorization, the City shall submit to the Department seven copies of the landscape
plans and specifications, five signed and properly executed copies of the Highway Landscape
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Maintenance Memorandum of Agreement, and three copies of the following attachments: the
project schedule, letters of no conflict from all utilities within the project limits, a project
maintenance plan, and a project cost estimate. If the City desires to work closer than fifteen feet
to the edge of pavement or close a traffic lane, a Maintenance 'of Traffic Plan must be included in
the submittal. Within three weeks of the receipt of review comments by the Department, the City
shall revise all documents required herein in. accordance with the Department's comments and
submit two copies of the revised documents for the Department's written approval. Within one
week of receipt of Department approval, the City shall submit seven copies of the approved
Plans and Specifications to the Department. Failure of the City to submit any of the required
documents within the time periods herein may be cause for termination ofthis Agreement.
d. If any of the submittals of the City pursuant to Paragraph l.c. are rejected by the
Department and returned to the City for revisions or changes, such documents must be approved
and resubmitted to the Department not later than one hundred fifty calendar days following the
execution of this Agreement or receipt of federal authorization. If such documents are not
resubmitted as approved by this date, the Department may terminate this Agreement, including
its obligation to reimburse any monies expended for the Project except for those approved
expenditures for design of the project.
e. 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.
(1) If to the Department, address to District Landscape Architect, at Florida Department of
Transportation, MS 7-1200, 11201 N. McKinley Drive, Tampa, Florida 33612-6456 or at such
other address as the Department may from time to time designate by written notice to the City;
and '
(2) If to the City address to Ms. Mashid D. Arasteh, P.E., Public Works Administrator, City
of Clearwater, Post Office Box 4748, Clearwater, Florida 33758-4748 or at such other address as
the City from time to time designates by written notice to the Department.
All time limits provided hereunder shall run from the date of receipt of all such notices, demand
requests and other instruments.
2. INSTALLATION
a. The City shall not commence Project installation until the Department has accepted the
roadway construction project and issued a Notice to Proceed. Said Notice shall contain the
project completion date. In no event shall a Notice to Proceed be issued until the Department has
approved all the documents provided for in Paragraph l.c. The City shall notify the District
Landscape Manager (DLM) ten working days and the Local Maintenance Engineer forty-eight
hours prior to commencing work on the Project site.
b. The City shall have Maintenance of Traffic certified personnel supervise the set up and
operation of Maintenance of Traffic devices at the Project site. All installations and construction
performed pursuant to this grant shall be performed in accordance with all applicable laws, rules,
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procedures and guidelines of the Department including Maintenance of Traffic regulations and
all provisions of this agreement. In the event that any installations are at any time determined by
the Department to be not in conformance with the applicable requirements, or are determined 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 City.
c. If the City fails to complete the installation of the Project by the completion date set forth
in the Notice to Proceed or abandons the Project, the Department shall provide the City with
written notice of its intent to terminate this Agreement unless the condition resulting in such
notice is corrected. If the City fails to respond or take corrective action within the prescribed
time period set forth in the notice, the Department may terminate the Agreement as provided for
in Paragraph 6.a.(I), including its obligation to reimburse any monies expended for the Project
except for those portions of the Project already completed by the City and accepted by the
Department.
d. Upon certification of completion by the City, inspection, and conditional approval of the
Project in writing by the Department's Landscape Architect, the Project shall be subject to a
ninety calendar day establishment period.
3. BILLING and PAYMENT
a. Upon completion of the ninety-calendar day establishment period and approval of the
Project installation by the Department, the City shall, within one hundred eighty calendar days,
furnish the Department with four signed originals of its final and complete billing of all eligible
costs incurred in connection with the Project. Bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. The
invoice shall show the description and site of the Project; the date on which the first work was
performed or the date on which the earliest billed expense was incurred; the date on which the
last work was performed or the last item of billed expense was incurred; and the location where
records and accounts billed can be audited.
b. The Department shall reimburse the City in an amount not to exceed $ I 50,000 Dollars
and No Cents for all eligible expenditures for the professional design, purchase and installation
of plant material, fertilizer, and soil amendments as identified in Exhibit "B". Reimbursement for
design expenditures shall not exceed ten percent of the total reimbursement amount. The
Department's obligation to reimburse the City shall be subject to: (1) legislative approval of the
Department's appropriation request for the work program year in which the Project is scheduled
to be committed; (2) the City's installation of the Project in accordance with the approved
documents; and (3) Department approval of the Project after the ninety calendar day
establishment period.
c. A Vendor Ombudsman has been established within the Department of Banking and
Finance. The duties of this individual include acting as an advocate for contractorslVendors who
may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline,
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1-800-843-3792. The interest penalty for delay in payment shall be in accordance with Section
215.422(3 )(b), Florida Statutes.
d. Records of costs incurred under terms of this Agreement shall be maintained and made
available upon request to the Department at any time during the period of this Agreement and for
three years after final payment is made. Copies of these documents and' records shall be
furnished to the Department upon request. Records of costs incurred include the City's general
accounting records, together with supporting documents and records, of the City and all
subcontractors performing work on the Project, and all other records of the City and
subcontractors considered as necessary by the Department for a proper audit of costs.
e. The parties recognize and accept the funding restrictions as set forth in Section
339. 135(6)(a), Florida Statutes, which may affect the Department's obligations hereunder:
The Department during any fiscal year, shall not expend money, incur any
liability, or enter into any contract which, by its terms, involves the expenditure
of money in excess of the amounts budgeted as available for the expenditure
during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The
Department shall require a statement from the comptroller of the Department that
funds are available prior to entering into any such contract or other binding
commitment of funds. Nothing herein contained shall prevent the making of
contracts for a period exceeding one year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for
in the succeeding fiscal years; and this paragraph shall be incorporated verbatim
in all contracts of the Department which are for any amount in excess of $25,000
and which have a term for a period of more than one year.
f. The Department recognizes that the City must comply with Section 166.241, Florida
Statutes. This Agreement shall not be construed to modify, in any way, the City's obligations
under those statutes.
4. AUDITS
Section 215.97, Florida Statutes, the Florida Single Audit Act, requires recipients of federal and
state funds to have audits done annually using the following criteria.
a. Federal awards are to be identified using the Catalog of Federal Domestic Assistance
(CFDA) title and number, award number and year, and name of the awarding federal agency.
(1) In the event that a recipient expends $500,000 or more in Federal awards in its
fiscal year, the recipient must have a single or program specific audit conducted in
accordance with the United States Office of Management and Budget (OMB) Circular A-
133.
(2) If a recipient expends less than $500,000 in Federal awards during its fiscal year,
an audit conducted in accordance with the OMB Circular A-133 is not required. If a
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recipient expends less than $500,000 in Federal awards during its fiscal year and elects to
have an audit conducted in accordance with OMB Circular A-I33, the cost of the audit
must be paid from non-federal funds.
b; State awards will be identified using the Catalog of State Financial Assistance (CSF A)
title and number, awaid number and year, and name of the awarding state agency.
(I) In the event that a recipient expends $500,000 or more in State awards during its
fiscal year, the recipient must have a state single or program specific audit conducted in
accordance with Section 215.97, Florida Statutes, and Chapters 10.550 and 10.650, Rules
of the Auditor General.
(2) If a recipient expends less than $500,000 in State awards during its fiscal year, an
audit conducted in accordance with Section 215.97 Florida Statutes, and Chapters 10.550
and 10.650, Rules of the Auditor General is not required. If a recipient expends less than
$500,000 in State awards during its fiscal year and elects to have an audit conducted in
accordance with Section 215.97, Florida Statutes, and Chapters 10.550 and 10.650, Rules
of the Auditor General, the const of the audit must be paid from non-state funds.
c. Reporting Packages and management letters generated from audits conducted in
accordance with OMB Circular A-I33 be received by the appropriate FDOT office no later than
nine months after the end of the recipient's fiscal year. Financial Reporting Packages generated
in accordance with Section 215.97, Florida Statutes, shall be submitted to the awarding FDOT
office by the recipient within thirty days of receiving it.
d. The recipient shall follow up and take corrective action on findings. Preparation of a
summary schedule of prior year audit findings, including corrective action and current status of
the audit findings is required. Current year audit findings require corrective action and status of
finding.
e. Project records shall be retained and available for at least five years from the date the
audit report is issued. Records related to unresolved audit findings, appeals, or litigation shall be
retained until the action is completed or the dispute is resolved. Access to project records and
audit workpapers shall be given FDOT, the Comptroller, and the Office of the Auditor General.
This section does not limit the authority of the Department to conduct or arrange for the conduct
of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
f. The recipient shall submit required documentation as follows;
(I) A reporting Package and Data Collection Form for each audit conducted in
accordance withOMB Circular A-I33 shall be sent to:
Florida Department of Transportation and
District Maintenance Office
MS 7-1200, 11201 N. McKinley Drive
Tampa, Florida 33612-6456
Federal Audit Clearinghouse
Bureau of the Census
120 I East 10th Street
Jefferson, IN 47 I3 2
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(2) A Financial Reporting Package of audits conducted in accordance with Section
215.97, Florida Statutes, and Chapters 10.550 and 10.650, Rules of the Auditor General
shall be sent to:
Florida Department of Transportation . and
District Maintenance Office
MS 7-1200, 11201 N. McKinley Drive
Tampa, Florida 33612-6456
Auditor General's Office
Room 401, Pepper Building
1 I I West Madison Street
Tallahassee, FL 32399-1450
g. Any reports, management letter, or other information required to be submitted to the
Department pursuant to this agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, and Chapters 10.550 and 10.650, Rules of the Auditor General,
as applicable. Recipients should indicate the date that the reporting package was delivered to the
Department in correspondence accompanying the reporting package.
h. In addition to reviews of audits conducted in accordance with OMB Circular A-133 and
Section 215.97, F.S., monitoring procedures may include on-site visits by the Department,
limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures.
The recipient agrees to comply and cooperate fully with any monitoring procedures/processes
deemed appropriate by the Department. The recipient further agrees to comply and cooperate
with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial
Officer (CFO) or Auditor General.
5. MAINTENANCE
a. At such time as the Department issues a Notice to Proceed with Project installation and
until such time as the Project is removed pursuant to Paragraph 6, the City shall maintain the
Project in a reasonable manner and with due care in accordance with Project standards.
Specifically, the City agrees to perform the following responsibilities:
(1) removal of litter from all landscaped areas of the Project Highway;
(2) watering and fertilization of all plants;
(3) mulching of all plants beds;
(4) keeping plants as free as practicable from disease and harmful insects;
(5) weeding the Project premises routinely;
(6) mowing and/or cutting grass within the landscaped areas;
(7) pruning all plants, specifically removing of all dead or diseased parts of plants
and pruning of all parts of plants that present a visible hazard to those using the
roadway;
(8) replacement, or at the City's option, removal of all dead or diseased plants or
other parts of the Project that have fallen below Project standards. All
replacements shall be of substantially the same grade, size and specification as
originally provided for in the plans and specifications, unless otherwise
authorized by the Department; ande
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(9) routine maintenance as prescribed by the manufacturer of any Project irrigation
system.
b. Maintenance of the Project shall be subject to periodic inspections by the Department. In
the event that any of the aforementioned responsibilities are not carried out or are, otherwise,
determined by the Department to be not in conformance with the applicable Project standards,
the Department may terminate the agreement in accordance with paragraph 6.a(I).
c. The Department's Area Maintenance Office shall be notified forty-eight hours in advance
, of commencing any scheduled maintenance activities. Emergency repairs shall be performed
without delay and the Maintenance Office notified immediately. The Area Maintenance Engineer
with responsibility for the roadway within this Project is Mr. Brian Bennett, P.E., located at 5211
Ulmerton Rd., Clearwater, Florida, telephone number (727) 570-5101. Prior to any major Project
reconstruction or replacement activity, the City is to notify all the utilities of their work schedule,
so that any affected utilities can be field located and marked to avoid damage.
d. If the City desires to position vehicles, equipment, or personnel, or to perform
maintenance activities closer than fifteen feet to the edge of pavement; or to close a traffic lane,
Maintenance of Traffic shall be in accordance with the Project plans and all Departmental
Maintenance of Traffic Regulations. The City shall have Maintenance of Traffic certified
personnel supervise the set up and operation of such Maintenance of Traffic devices at the site of
the maintenance activity.
e. The Department will require the City to cease maintenance operations and remove all
personnel and equipment from the Department's right-of-way if any actions on the part of the
City or representatives of the City violate the conditions or intent of this agreement as
determined by the Department.
6. TERMINATION
a. The Agreement may be terminated under anyone of the following conditions:
(1) By the Department if the City, following fifteen calendar days' written notice,
fails to perform its duties under this agreement; or if the City refuses to allow public
access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the City in conjunction with this
Agreement.
(2) By the City following sixty calendar days' written notice.
(3) By the Department following sixty calendar days' written notice.
b. Within 60 days following a notice to terminate pursuant to 6.a.(1) or 6.a.(2), if the
Department requests, the City shall remove the Project and restore the Project premises to the
same safe condition existing prior to installation of the Project. If the Department does not
request such restoration or terminates this Agreement pursuant to 6.a.(3), the Department may
complete, remove, relocate or adjust the Project as it deems best.
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c. 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 of the Department. The City shall be given notice regarding such
removal, relocation, or adjustment and shall be allowed sixty days to remove the affected part of
. the Project at its own cost. The City will own that part of the Project it removes. After the sixty
day removal period, the Department then may remove, relocate, or adjust the Project as it deems
best. Wherever the City removes any or the entire Project pursuant to this agreement, the City
shall restore the surface of the affected portion of the Project premises to the same safe condition
as it was before installation of such landscaping pursuant to the agreement. The restoration shall
include grading and filling holes and indentations caused by the aforesaid removal, as well as
any seeding or sodding necessary to provide a grassed area.
7. INDEMNITIES
a. 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, damage, cost,
charge, or expense arising out of any act, error, omission, or negligent act by the City, its agents,
or its 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.
b. 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 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.
8. GENERAL
a. The Department's District Secretary or his designee 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.
b. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold provided in Section 287.017, Florida
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Statutes, for CATEGORY TWO for a period of thirty-six months from the date of being placed
on the convicted vendor list.
c. 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. This Agreemimt may
not be assigned or transferred by the City in whole or in part without written consent of the
Department.
d. If any provision of the Agreement is held invalid, the remainder of this Agreement shall
not be affected thereby if such remainder would then continue to conform to the terms and
requirements of applicable law.
e. This Agreement, regardless of where executed, shall be governed by and construed
according to the Laws of the State of Florida.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF CLEARWATER, FLORIDA
A municipal corporation of
The State of Florida
By:
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William B. Horne II
City Manager
Countersigned:
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Mayor . '. /
As to form:
~~
!frY D.Ru .
Assistant City Attorney ,
1 0 of 1 0
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
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As to form:
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v',/'; 1/ 0,) .iCi1
Office of the General Coun I,
District 7
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RECEIVED: 4/28/05 3:45PM; ->FDOT; #153; PAGE 2
04/28/2005 16:16 7275624755
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ENG
PAGE 02/02
RESOLUTION NO. 05-12
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
AUTHORIZING EXECUTION OF A HIGHWAY LANDSCAPE
REIMBURSEMENT AND MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE STATE OF FlORfDA DEPARTMENT
OF TRANSPORTATION FORA PORTION OF STATE ROAD 60
(COURTNEY CAMPBELL CAUSEWAY) THE PROJECT WILL
EXTEND FROM THE CITY. LIMITS WEST ALONG TH.E
CAUSEWAY TO BAY STREET; PROVIDING AN EFFECTIVE
DATE
WHEREAS, Many roadside areas and a median strip abutting the State of
Florida Department of Transportation rights-of~way areas should be maintained and
attractively landscaped; and
WHEREAS, the City Council wishes to beautify and improve the right-of-way
area for State Road 60 (Courtney Campbell Causeway) between the City limits west to
Bay Street within the City of Clearwater by landscaping; and
WHEREAS, the City Council wishes to authorize an office of the City to enter
iflto a Highway Landscape Reimbursement and Highway Maintenance Memorandum of
Agreement with the State of Florida Department of Transportation;
NOW THERFORE BE IT .RESOl VED by the City Council of
Clearwater, Florida, in regular session duly assembled that:
1. The Mayor is hereby authorized to execute a Highway Landscape
Reimbursement and Maintenance Memorandum of Agreement for a portion of
S.R. 60 (Courtney Campbell Causeway)
2.. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 21st day of April 2005.
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~ V. Hibbard' .
Mayor
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Bry . Ru
ASSIstant City Attorney
Attest:
~L A-.a. .,
y ia E. .Goud~au .'
City lerk. : .
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