DISTRICT SEVEN HIGHWAY LANDSCAPE REIMBURSEMENT AND MAINTENANCE MEMORANDUM OF AGREEMENTIILRMOA #02-25
DISTRICT SEVEN HIGHWAY LANDSCAPE REIMBURSEMENT
AND MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into as of the OF"— day of V U.4U2.
2025, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency of the State of Florida, (the "Department") and CITY OF CLEARWATER,
("Agency").
WITNESSETH
WHEREAS, the Department owns State Road 595/State Road 651 (Missouri Avenue) right-
of-way from Bayview Drive (M.P. 1.400) to Court Street (M.P. 3.041) Section No. 15007 000.
FPID 456705-1-58-01; to the City limits of Clearwater; in Pinellas County, Florida and
WHEREAS, the Agency seeks to beautify that portion of State Road 595/State Road 651
referenced above through the installation of landscape improvements which would enhance its
aesthetic quality; and
WHEREAS, under F.P.L. 156705-1-58-01 the Department has allocated funds for a portion.
of the design and installation costs; and
WHEREAS, upon installation of'such improvements, the Agency has agreed to maintain those
improvements in accordance with the provisions below; and
WHEREAS, the Department is authorized pursuant to Section 334.044(7), Florida Statutes to
enter into contracts and agreements for maintenance of roadside landscape improvements on the
State Highway System; and
WHEREAS, the Agency 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. SUBMITTALS
a. The Agency shall produce plans for, and install landscape improvements on, those areas of the
State Road as depicted in the Landscape Plans and Specifications to be submitted. in accordance
with 1.b, below. All work conducted in connection with plans production and installation of
improvements shall be referred to as the "Project".
b. Within one hundred and twenty (120) calendar days after execution of this Agreement, the
Agency shall submit to the Department four copies oldie Landscape Plans and Specifications to
be attached as Exhibit A. This shall include:
1. A Maintenance Plan.
2. Maintenance of Traffic plan sheets.
3. Two. (2) copies of the following documents are required:
a. The Project schedule.
b. Letters of no conflict from all utilities within the Project limits.
c. Project cost estimate.
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f 11,RMOA #02-25
Within fifteen (15) business days of the receipt of review comments by the Department, the
Agency shall revise all documents required herein in accordance with the Department's
comments and submit one (1) electronic copy of the revised docurnents for the Department's
written approval. Within five (5) business days of receipt of Department approval, the Agency
shall submit two (2) hard copies and one (1) electronic copy of the approved Plans and
Specifications in 11" x 17" format -to the Department. Failure to submit any of the required
documents within the time periods specified may result in termination by the Department of this
Agreement.
c. if any of the submittals of the Agency pursuant to Paragraph 1.b. arc rejected by the Department
and returned to the Agency for revisions, such documents must be approved and resubmitted to the
Department not later than one hundred and eighty (180) calendar days following the execution of this
Agreement. If such documents are not resubmitted as approved, the Department may terminate this
Agreement.
d. 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 Maintenance Engineer, 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
Agency; and
(2) If to the Agency address to The City 'Manager: for THE CITY OF CLEARWATER, FL. One
Clearwater Tower, Cleveland Street, Clearwater, FL 33755 or at such other address as the
Agency 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, demands,
requests and other instruments.
2. INSTALLATION
a. The Agency shall not commence Project installation until the Department has issued a Notice
to Proceed with Construction. Said Notice shall contain the Project completion date. The Agency
shall notify the District Landscape Architect (DLA) and the Operations Center Engineer two (2)
business days prior to commencing work on the Project site.
b. The Agency agrees to install or cause to be installed landscaping within the Project area as
specified in the attached Landscape Plans and Specifications. The Agency shall not change or
deviate from the plan(s) without the Department's prior \vritten approval.
c. If the Agency desires to position vehicles, equipment, or personnel, or to perform installation
and maintenance activities closer than fifteen (15) feet to the edge of pavement, or to close a traffic
lane, Maintenance of Traffic shall be in accordance with the Project plans and the Department's
Maintenance of Traffic Regulations. The Agency shall have a Worksite Traffic Supervisor certified
in Advanced Maintenance of Traffic supervise the set up and operation. of Maintenance of Traffic
devices at the activity site, Prior to proceeding with installation and maintenance activities, the
Agency shall provide the Department with the Worksite Traffic Supervisor's certification.
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d. In the event that any portion of the Project is at any time determined by the Department to not
be in conformance with all applicable laws, rules, procedures and guidelines of the Department,
or is determined to be interfering with the safe and efficient operation of any transportation
facility, or is otherwise determined to present a danger to public health, safety, or welfare, said
portion shall be immediately brought into departmental compliance at the sole cost and expense
of'the Agency.
c. If the Agency fails to substantially complete Project installation by the completion date in the
Notice to Proceed, the Department shall provide the Agency with written notice of its intent to
terminate this Agreement. If the Agency fails to respond or take corrective action within the
prescribed time period set forth in the notice, the Dcpartmcnt may terminate the Agreement as
provided for in Paragraph 6.b., including its obligation to reimburse any monies expended for the
Project except for those portions of the Project already completed by the Agency and accepted by
the Department.
f Upon certification of completion by the Agency, inspection, and approval of the Project as
substantially complete in writing by the DLA, the Project shall be subject to a ninety (90) calendar
day establishment period. Work performed and costs incurred after final project approval are not
eligible for reimbursement.
3. BILLING and PAYMENT
a. Upon completion of the ninety (90) calendar day establishment period and approval of the
Project installation by the Department, the Agency shall,within one hundred and eighty (180)
calendar clays, furnish the Department with two (2) signed originals of its final and complete
billing of all eligible costs incurred in connection with the Project. 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 Agency in an amount not to exceed Four Hundred Thirty -
Five Thousand Seven Hundred Seventy -Two Dollars and No Cents ($435,772.00) for all eligible
expenditures for the professional design, inspection, and enforcement of the material and
installation standards; and the purchase, installation, and establishment of plant material as
identified in Exhibit "A". Reimbursement for design fees shall not exceed ten percent (10%) of
the total reimbursement amount.
c. Payment shall be made to the Agency by the Department under the following conditions.
1. This Agreement has not been terminated pursuant to Paragraph 6. b.
2. The Agency agrees to complete the project on or before two (2) years from the date of the
Agreement. If the Agency does not complete the project within this time period, any
reimbursement for payment shall not be processed by the Department unless an extension
of the time period is requested by the Agency and granted in writing by the Departtnent
3. Written certification of the completion of the installation and acceptance by the Agency is
provided to the Department.
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IILiRMOA #02-25
4. The DLA has inspected the work. and has issued a letter of final completion to the Agency
noting that it has fully met with the terms and conditions of this Agreement.
5. After Department issuance of the Substantial Completion letter, the Agency shall provide
the Department with two (2) hard copy sets and one (1) electronic copy of 1 1 " x 17" format
As -Built drawings.
4. STANDAR[) FINANCIAL PROVISIONS
a The Department agrees to compensate the Agency fbr services described in Exhibit A. The
Method of Compensation is described in Section 3, "Billing and Payment".
b. The Agency shall provide quantifiable, treasurable and verifiable units of deliverables. Each
deliverable must specify the required minimum level. of service to be performed and the criteria
for evaluating successful completion. The Project, and its quantifiable, measurable and verifiable
units of deliverables are described more fully in Exhibit A.
c. Invoice Summaries shall he submitted by the Agency in detail sufficient for a proper pre -audit
and post audit based on the quantifiable, rneasurable and verifiable units of deliverables as
established in Exhibit A. Deliverables must be received and accepted in writing by the
Department's DLA prior to payments. There shall be no reimbursement for travel expenses under
this Agreement.
d. Payment shall be made only after receipt and approval of goods and services unless advance
payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215
and 216, F.S. If the Department determines that the performance of the Agency is unsatisfactory,
the Department shall notify the Agency of the deficiency to be corrected, which correction shall
be made within a time frame to be specified by the Department. The Agency shall, within five (5)
business days after notice from the Department, provide the Department with a corrective action
plan describing how the Agency will address all issues of Agreement non-performance,
unacceptable performance, failure to meet the minimum performance levels, deliverable
deficiencies, or Agreement non-compliance. Payment shall not be made to the Agency until the
goods and services have been received and proof of payment or other backup documentation as
requested is provided to the Department. The Project must be completed (goods and services
received and approved by the Agency) no later than
The Agency providing goods and services to the Departtnent should be aware of the following time
frames. Inspection and approval of goods or services should take no longer than five (5) business
days. The Department has twenty (20) calendar days to deliver a request for payment (voucher) to
the Department of Financial Services. The twenty (20) calendar days are measured. from the date
the Invoice Summary is received.
If a payment is not available within forty (40) calendar days, a separate interest penalty at a rate as
established pursuant to Section 55.03 (1), F.S., will he due and payable, in addition to the Invoice
Summary amount, to the Agency. Interest penalties of less than one dollar (S1.00) will not be
enforced unless the Agency requests payment.
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1ILRMOA #02-25
Invoice Summaries that have to be returned to the Agency because of Agency preparation errors
will result in a delay of the payment. The invoice Summary payment requirements do not start
until a properly completed Invoice Summary is provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The
duties of this individual include acting as an advocate for the Agency who may be experiencing
problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be
contacted at (850) 41.3-5516.
f. Records of costs incurred under the terms of this Agreement shall be maintained and made
available upon request by the Department at all times during the period of this Agreement and for
five (5) years after final payment is made. Copies of these documents and records shall be furnished
to the Department upon request. Records ofcosts incurred include the Agency's general accounting
records and project records, together with supporting documents and records, of the contractor and
all subcontractors performing work on the project, and all other records of the contractor and
subcontractors considered necessary by the Department for a proper audit of costs.
g. In the event this contract is for services in excess of S25,000.00 and a term fir a period of more
than one (1) year, the provisions of Section 339.135 (6) (a), F.S., arc hereby incorporated:
"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 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 such 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 periods 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 succeeding fiscal years; and this paragraph shall be incorporated verbatim
in all contracts which are for an amount in excess of S25,000.00 and which have a term for a
period of more than one year."
h. The Department's obligation to pay is contingent upon an annual appropriation by the Florida
Legislature.
i. The Agency agrees to comply with Section 20.055 (5), F.S., and to incorporate in all
subcontracts the obligation to comply with Suction 20.055 (5), F.S.
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 Paragraphs 5. f. and 6. a., the Agency shall
maintain the Project in a reasonable manner and with due care in accordance with Project
standards. Specifically, the Agency agrees to:
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1ILRMOA #02-25
(1) remove litter from all landscaped areas of the Project;
(2) remove fallen palm fronds, fallen fruit and flower stalks and fallen twigs and limbs from all
landscaped areas of the Project;
(3) water and fertilize all plants;
(4) mulch all plant beds;
(5) keep plants as free as practicable from disease and harmful insects;
(6) weed the Project premises routinely;
(7) mow and/or cut grass within the areas delineated by the landscape plans;
(8) prune all plants, specifically remove all dead or diseased parts of plants and prune of all parts
of plants that present a visibility hazard to those using the roadway;
(9) replace, or at the Agency's option. remove all dead or diseased plants or other parts of the
Project that have fallen below Project standards. Replace with plants of substantially the same
grade, size and specification as originally provided for in the plans and specifications, unless
otherwise authorized by the Departtnent; and
(10) perform routine maintenance as prescribed by the manufacturer of any Project irrigation
system; and
(11) trim, alter, relocate or remove landscaping as needed for any future Intelligent
Transportation System (ITS).
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 not to be in conformance with the applicable Project standards, the
Department may terminate the Agreement in accordance with Paragraph 6.b.
c. The Operations Center Engineer shall be notified two (2) business days in advance of
commencing any scheduled construction or maintenance activities Emergency repairs shall be
performed without delay and the Operations Center Engineer notified immediately. The
Operations Center Engineer with responsibility for the roadway within this Project is located at
5211 Uln erton Road, Clearwater. FL 33760-4006 'Telephone 727-575-8300.
d. Prior to any Project construction or reconstruction activity, the Agency shall submit plans to the
Department for review and approval of the proposed work. Additionally, such plans shall be submitted
to all utilities with facilities within the limits of work for their review and comment. The Agency shall
resolve any conflicts and/or concerns raised by the utilities prior to commencement of such activities.
Work shall not start until the Department has issued a Design Approval and Notice to Proceed with
Construction letter to the Agency. Prior to commencing any field activity on this Project, the Agency
shall notify all the utilities of their work schedule enabling facilities to be field located and marked to
avoid damage.
e. The Department will require the Agency to cease operations and remove all personnel and
equipment from the Department's right-ol-way if any actions on the part of the Agency or
representatives of the Agency violate the conditions or intent of this agreement as determined by
the Department.
f. 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 Agency shall be given notice regarding such removal, relocation, or adjustment
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}ILRMOA #02-25
and shall be allowed. sixty (60) calendar days to remove all or part of the Project at its own cost. The
Agency will own that part of the Project it removes. After the sixty (60) calendar day's removal
period, the Department may remove, relocate, or adjust the Project as it deems best. Wherever
the Agency removes improvements pursuant to this agreement, the Agency shall restore the
surface of the affected portion of the Project premises to the same safe and trafficable condition
as it was before installation of such improvements.
g. The Agency covenants to appropriate in its annual budget, for each Fiscal Year, non -ad valorem
funds lawfully available to satisfy its maintenance responsibilities under this Agreement. This
covenant. does not create any lien upon, or pledge of, such non -ad valorem funds, nor does it
preclude the Agency from pledging such funds in the future, or from levying and collecting any
particular non -ad valorem funds.
6. TERMINATION
a. The term of this Agreement shall be for a period of ten (10) years commencing on thc date of
execution of the Agreement, with ten (10) year renewal options. The Department shall send the
Agency an expiration notice six (6) months prior to each ten (10) year expiration date. Any
renewal must be agreed upon by both parties in writing ninety (90) calendar days prior to thc
expiration of the existing agreement
In the event that the Agency elects to not renew the Agreement, then thc Agency shall, at its sole
expense, be responsible for the removal of the Project and shall restore the Project Highway to a
safe and trafficable condition prior to expiration of the Agreement.
b. The Agreement may be terminated by the Department if the Agency, following fifteen (15)
calendar days' written notice, fails to perform its duties wider this Agreement,
c. The Department reserves the right to unilaterally cancel the Agreement lbr refusal by the
contractor or Agency to allow public access to all documents, papers, letters or other material
subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this
Agreement.
d. Within sixty (60) calendar days following a notice to terminate pursuant to Paragraph 6.b., 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 Paragraph 6.b., the Department may
complete, remove, relocate or adjust the Project as it deems best.
7. CLAIMS
a. The Agency and Department agree to be fully responsible for their own acts of negligence, or
their respective agents' acts of negligence, when acting within the scope of their employment and
agree to be liable for any damages resulting from said negligence. Nothing herein. is intended to
serve as a waiver of sovereign immunity by either the Agency or Department beyond that provided
in § 768.28, Florida Statutes. Nothing herein shall he construed as consent by the Agency or
Department to be sued by third parties in any manner arising out of this Agreement.
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tILRMOA 42-25
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 shall
immediately forward the claim to the other party. Each party shall evaluate the claim and report
its findings to each other within fourteen (14) business days and jointly discuss options in
defending the claim. A party's failure to promptly notify the other of a claim shall 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. E -Verify:
I. The Agency shall utilize the U.S. Department or Homeland Security's E -Verify system to
verify the employment eligibility of all new employees hired by the Agency during the term of
this Agreement; and
2. The Agency shall expressly require any subcontractors performing work or providing
services to likewise utilize the U.S. Department of Homeland Security's E -Verify system to
verify the employee eligibility of all new employees hired by the subcontractor during this
Agreement's term.
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 arc not merged herein and superseded hereby. This Agreement may not be
assigned or transferred by the Agency 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.
c. This Agreement, regardless of where executed, shall be governed by and construed according to
the Laws of the State of Florida.
SIGNATURES APPEAR ON THE FOLLOWING PAGE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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HLRMOA 402-25
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year
first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
B y : (
Francis Lewis, P.E.
Director of Transportation Operations
District Seven,
Date:
Attest:
�,2
Ea i e Secretary
(SEAL)
Date: �, ''g°` -—
Legal Review: J, l h�
Office of Genera(Counse.Distnc
Date:
CITY OF CLEARWATER, FLORIDA
Bruce Ree Jennifer Poirrier
Mayor City Manager
Date:
Approved as to form: Attest:
TER
Cf ®4 v A
Melissa Isabel o Rosemarie Call
Assistant City Attorney City Clerk , °
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9171 9690 0935 0287 1897 78
FloridaFDOT
IT
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rt meat of'Transportation
RON DESANTIS 11201 X.MCKinlev Drive JARED W.PERDUE,P.E.
GOVERNOR Tampa.. FL 33612-6456 SECRETARY
June 30, 2025
Mr. Craig Wilson, Parks Senior Division Manager
City of Clearwater
Parks and Recreation Department
510 Pennsylvania Avenue
Clearwater, FL 33755
RE: Notification Letter— Notice to Proceed with Design
Highway Landscape Reimbursement and Maintenance Memorandum of Agreement for
Landscape Rehabilitation; City of Clearwater
FPID #456705-1-58-01; Contract#AT347; FDOT Fiscal Year 2025
Project—SR 595/SR 651/Missouri Avenue from Bayview Drive to Court Street
Dear Mr. Wilson,
As of the date of this letter, the City may begin the Design Process for the referenced project in
accordance with the provisions of the Memorandum of Agreement (HLRMOA#02-25).
Once the improvement plans and other required submittals have been reviewed and approved by
the Department, the City will be issued a Notice to Proceed with Construction. Project installation,
certification by the City as Project Complete, and Final Completion approval by the Department
must be accomplished by 30 June 2027. Subsequent contract year funding will be available
contingent on the Florida Legislature's continued approval of program funding.
If you have any questions, please contact me at (813) 975-6130 or via e-mail at
emilyvette.degaetano(a-)dot.state.fl.us.
Sincerely,
A �6�a
Emilyvette DeGaetano, PLA
District Seven Landscape Architect- GEC
EAD/ead
cc: A. Urbonas, M. Lenhart, A. Montjoy, M. L. Godfrey, B. Oster, File
FDOTTampaBay.com («i MyFDOT Tainpa Facel3ook.com.MyFDOTTaInpa
I MINIM M)2-25
IMSTRICT SEVEN HKHIWAY LANDSt,-API:
ANN) MAINT ENAN(li MEMORANDI-AlpiJ(hul.ENIF"'NT,
30- A AN
THIS AGREEMF--NT, made an(,] entered into asof the datyof
ZQ,_5— by sand between the STATE 01" Fl-ORID A `rRA
component agency or the Me of Floritia. (We "114pannonM and MY M CLIONRWATER.
CAgmcQ
WITNESSET11
WHEREAS, the Dclim,linent (mns Statc, Road �1)5 Sow Road 651 {Missouri Mnue) right-
or-way from BayNiew Drive (M.P. 1.-M to Mart StIvel (MMI. _x,041) Scciion No. 15007 000,
FPID 456705-1-MOR to the Oly BOB of Ommmcr in Phwlhs Qungt Flothla and
WHEREAS, be Agency seeks to beautify that lynthm ofState Road 595'Statc Road 651
referencedabove through the installation oflandscape improVC)TICIIIS Which %VOUld, enhance its
acsilictic cluality., and
WHEREASnmdcr
'Ile Department has allocated Ainds, fora portion
ofthe design and installation costs': and
WHEREAS"yon hismilvakm of mwh QYmmems, the Agency has agreod to nOntain lose
kaero vcamits hi accordance mAdi thc ImmAsKs below mid
%AVEREAS, the Dep arnnent is tan1wrized Hirst ant to SeMon 3310417Y Mor-ida Stmmcs to
enter into contacts and ag.rcements an nmkwnmwc of mudside hm&cWc irnprownonts on be
Stme 1 hghway Symem; and
WHERFASahe Agency has auloAzed its officni to execute this Agrcemcin on its behalf,
NOIN THEREFORE.An and in considemdon oftlic mutual hme6ts that 11m each to the other,
the parties covcnalit and au'rec as fiflhm,
I. SURNETTALS
a. Thoi\gcncy shall produce plans 161.,and install landscape improvcnicrits on, those tarda;ofthe
State Road as depicted 4 the 1-andscape Plans and SpeMcations m be sAn*wd in accorclance
whh 11. below. All work conducted in connection with plans pi-odumion and installation of'
improvements slirdl be relacd to us do MqUecO,
b. Wkhh one hmidred and twenty (120) calendar days after execution orthis Agreement. the
Agwxy MmH sWmAt to the [kpormicni Four copies of flie Lmmkcalv Plans and Sprecificathm's to
Vic mnwhed as 14hilit A. Thk shall indudc:
1. A Ylahnnamc Plan,
Maintenance of—Fraffic plan a,he,,ts
3. Two (2)aipics or we rolowing docuniclits ark:required:
a. 'file Project schedule.
ty Emus ofnocnnORt Arai all utilities Nvitin the [Inject links.
C. Project Cost estiniatc,
I I LRNIOA 402-25
Within fifteen (15) business (lays of the receipt of' 1'evicw Comments by the Department, the
Agency shall revise all documents I-equired herein in accordance with the Departillenes
comments and submit one (I) electronic copy of the reviscd dOCLITTICIlLS, for the Departilient's
written approval. Within five (5) business days of receipt of Deparitnent approval, the Agency
shall subunit two (2) hard copies and one (1) electronic copy of the approved Plans and
Specifications in I I" x 17" format to the Department. Failure to submit any of the required
documents within the time periods specified may result in termination by the Department of this
Agreement.
c. if any of the submittals of the Agency purstlant to Paragraph I b. are rejected by the Department
and returned to the Agency for revisions. Such dOCLA111CIIIS must be approved and resubmitted to the
Department not later than one hundred nand eight} calendar(lays IbIlowing the execution of this
,hty(180)c,
Agreement. If such docurricrits are not resubmitted as; approved, the DeparbileM inay terminate this
Ai-,rccmcr)t.
d. All notices, demands, requests or other instruments shall be given by depositing the saine in
the U.S. Mail, postage prepaid, registered or certified with return receipt requested.
(1) If'to the Department, address to District Maintenance Engineer, at Florida Department (if
Transportation., MS 7-1200, 11201 N,McKinley Drivc.Tatupa,Florida 33612-6456 or at such
other address as tile Department may f1-orn time it) tinic designate by written notice to the
Agency; and
j2) If to tile Agency address to j!j '-Ej�t[ 'LL t,FH CLEARWATER Ft.. One
Uqxa'—ater 1qYe—rCL(ZY.C-1a1ld Fl,_'3755 or ,it such other address as the
Agency from time to firne designates by written notice to the Department.
All time limits provided hereunder shall tun from the date of receipt of all such notices,demands,
requests and other instruments.
2. INSTALLATION
a. The Agency shall not commence Project installation until the Department has issued a Notice
to Proceed with Construction. Said Malice shall contain tile pro-ject completion date. The Agency
shall notify the District Landscape Architect (Df..,- ) and the Operatif..)ns Center Engineer two (2)
business days prior to commencing work oil the Project site.
b. The Agency agrees to install or cause to be installed landscaping within the Project area as
specified in the attached Landicape Plans and Specifications. The Agency shall not change or
deviate from the plati(s)without the Department's prior written approval.
c. If the Agency desires to position vehicles, cquipment, or personnel, or to perform installation
and maintenance activities closer than fifteen(15) feet to the edge ofpavernent,or to close a,traffic
lane. Maintenance of"I"raffic shall be in accordaricc with the Protect plans and the Department's
1\4aintonaricc of"I'raffic Regulations,The Apericy shall grave as Work,,iteTraffic Supervisor certified
in Advanced Maintenance of Traffic supervise the set up and operation ol-IMaitnenance of Traffic
devices at [tie activity site. Prior to Proccc(ling, with illsufflation and maintenance activities, the
Agency shall provide the Department with the Worksite't Supervisor's certification.
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I H-RIN10A#02-25
d. III the event that any portion of tile Project I,,at aliv time,determined by the Department to not
be in conformance with all applicable la\vs, Riles, Procedures and 1,:nddclincs ol,'the Dcpartment,
or is detcrinined to be interf'cring, with the 1;afc in(] efficient operation of any transportation
facility, or is otherwise determined to pre-sent as danger to public health, safety, or welfare, said
Portion shall be immediately brought 11110 departmental Con-1111 41 lice at tile sole cost and expense
oaf the Agency.
c. If the Agency fails to substantially complete Pro st
'iect in by the completion date in the
Notice to Proceed., the Department shall provide the Agency Nvult written notice of its intent to
terminate this Agreement. If the Agency fails to respond oi- 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,b., including its obligation to reimburse any monies expended for the
Project except for those portions of tile. [Iroiect already cornple(ed by the Agency and accepted by
the Department,
f, Upon certification of completiori by the Agency. inspection, and approval of the Project as
substantially complete in writing by thel)LA,the Proiect shall be sill)
ject to a ninety(90)calendar
day establishment period. Work performed aind costs uICUrred after final project approval are not
eligible for reimbursement.
i. BILLING and PAYMENT
,a. day establishment period and approval of the
Upon completion of the ninety (90) calcridat I
Project Installation by the Department. tile Agency shall. within one hundred and eighty (180)
calendar days. ftirnish (lie Department with vvo (2) signed originals of its final and complete
billing of all eligible costs incurycd in connection with the Project. The invoice shall show the
description and site of the Project. the date on which the firstuvork was performed or tile date on
which the earliest billed expense was incurred-. the date oil xv'hich 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 Agency in an amount not to exceed Four Hundred Thirty-
Five Thousand Seven Hundred Seventy-Tiro Dollars and No Cents(1435,772.00o eligible
If r all ligib
expenditures for the professional desi,n, illspcctij,)Il, and cliforecirient of' the material and
installation standards, and the purclitise, installation, and establishment of plant material as
identified in Exhibit "A". ROullbUrsenient for desig'll fees shall not exceed tell Pei-cent (10,M)) of
the total reimbursement amount.
c. Payment shall be made tog the Agency by the Department under the fol lo",,i ng conditions.
1. This Agreement has not boon terminated pUrittarn to Paragraph 6. b.
2. The Agency agrees to complete the Project on (.)I-bel-ore t�vo(2) years from the(late of the
Agreement. If the Agency does not complete the project within this firne Period, any
reimbursement for payment sil.all not be proccsscd by tile Department unless all extension
of the tillIQ Period i.S I-CCILICStCd by the A gciicy and gramcd in �vriting by the Department
3, Written ect-fification oaf the complCiloll ofthe installation and acceptance by the Agency is
provided to the Department,
3 of
4. The rH..A has inspected the work and has junc(:i ,a latter of final completion to the Agency
nming Wt it has fully Caret with the tc suis band catnditions of this `grecunew.
?. After Deparnment isswuKe or they ` uinvintod (`omQ ion later, the Agency slroH prov We
the Department vwith two(,)haard kmpy sets and one( l 9 owc umiatr copy of I l" x 17" Wait
>*s-ifir.aih drrtwirrgs.
4, STANDARD FIN,\NCIAL PROVIMONS
as The: Department tagmes to compensaatc, the N�,ejjc°y 1'or sca-vices described in F,'Xhihit A, `Tile
Method o C'onapensatican is described in Section ti, "Billing band Payment".
h. The Agency shall prtavide cluaandfiaahle, me asundAe ,and Wfl."W units of'delivcraahles. i;aefa
dc,liverabic must specify, tate mciuired mininaurn Wel Mery ice to be perfi>rraacd and the criteria
Rn ovadtt<a og succ.essfid complethm. The I'rQjeCL and is, Winnitfi,drlc, measurable and v:rinaable
amiss of deh\craables are dcscribcd to+'no fully in l vhihit A.
c:. inpicc Saum mane shall be m1mitted by the Agency in detail suffic icnt For as proper pre-audit
and post audit based on the quantifiable. naeaastand le and verifiahic units of defiv•cambks as
established in Exhibit A. Dcliveraabics must he receive=d and accepted in writing by the
Departmenes DIA prior to payments. There shall be no minfursemcnt tier travel expcaasits Wider-
this Agreement..
d, Payment shall be tribade coaly after receipt and approval of goods <in(] services unless advance
paymcros am atathorircd by the.:Chief fAnarnciaal (MA"n of the We of Flt> A muki-(SWUyn 1
Wrrf 210, F..,`v'. It'tile DC11,rrttarctrt cleteraaaine , bat the fv rfi7rarrarnee° ofdie Agency is unsatisfactory,
tete Department shall notiQ the Agency of the dc'lt1'ic'r1ct to he corrected, which correction shall
be made within a tirtrc frame t(? be Spc( icd fav, the l:a portrarcnt. I lie Agency'shall, within five:(5)
business days after notice born ilia' i}eltaarttrrcrnr., provide the: Department with as corrective action
plain describing hove the /kgcncay will address ;all issaros of ;greenictit nova-perlorinaance,
unacceptable performaance, Marc to niect the: mininauna performance levels, deliverable
deficiencies, or Agreement non-compliance. Payment nt shall not he rar acle to the Agency until tine
goods and sexices have been received and proof of' paaynrcnt or other backup documentation as
requested is provided to the Departrnm 'l lac.jlaniiNo
rocet nrttst lac completed (goods and services
rceeit ed and aalwi,r<av cil by the Agency)no latter r%e
The Agency prov,idkg gmAs and ,guv Rew to the Dc paartmc nt A,t k w a"area of To 11laav big time:
homey 1nspe°c tion and approval of good, or services shectdcl -bake no lern–,cr than five (5) business
days. The Mpartment has twenty (201 calendar d'ayA to ddkcr as r"luest for paynic.ut(voucher) to
the. Department of Amriciaal Services. The ttvcnty (2M c:aala m r days am nwarstrred fr rm the data
the Invoice Summary is received.
ff'aa payment is not available tvkhin flirty (to c°,al+ m ux dye,as separaatc interest penalty at a rate<a",
cst ablished pursuant to Sect mi 55M3 (l), FS, "AH he(hies and payable. in ardditio i to the Invoice
Sum mml amou, to the Ageticy. Inti°om hcnaojes of Ica Won one dollar (SI MO) will treat be
caifirr-ced mle;" the A','cnc m(luesth pa,"Incl t.
4 of 1)
I ILRI'00A 402-25
Invoice Summaries that have to be rCtUrnCd to Lhe Agency because ol'Agenvy preparation CiTons
Will result in a delay of the pavincrit. 'The Invoice Surnitiary payment requirements do not start
until a properly completed Invoice Summary is provided to the Department.
A Vendor Ombudsman has been established within the Dcpartment of Financial Services. The
ClUtICS cif this individual itlChide acting as at) advocate For the Agency tvho may be experiencing;
Y
problems in obtaining timely paynicnt(s) froin the Dcllarvnen[. The Vendor Ombudsman may be
contacted at(850)413-55 16.
f. Records of costs incurred under the terms of this Agreement shall be maintained and made
available upon request by the Department at all times during the period of this Agreement and for
five(5)years after final payment is made.Copies ofthese documents and records shall be furnished
to the Department tipon request.Records ofcosts incurred include the Agency's gencral accounting
V
records and project records,together with supporting document,,,and records,ofthe contractor and
all subcontractors performing Work on the project, and all other records of' the contractor and
SUbcontraCLOTS considered necessary by the Department For a proper audit of'costs.
In the event this contract is for service,,, ]it cxccss of$25.000.00 and a term 16ra period of more
than one (1) year, the provisions ol'Seclioa 339.135 (6) (a). F:S'., are hereby incorporated:
'The Dcpartrncnt,during;any fiscal year,shall not expend money, incur tiny liability,or enter into
any contract which, by its terms, involves the expenditure of money in excess of the amounts
budgeted as available for expenditure d0rilull Such fiscal yeah 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 rjc°qnirc a statement from the Comptroller Of:the Department that such funds
are available prior to entering haler any such contract or other binding commitment of funds,
Nothing herein conudued shall prevent the making of'contracts for periods exceeding one year.
batt any contract so made shall be MCLO.ory only for the value of the services to be rendered or
agreed to be paid for in SUCCCOding fiscal years: and this paragraph shall be incorporated verbatim
in all contracts v,--hich are for an amount in excess of S25.600.00 and which have a tcrrn for a
period of more than one year."
h. The Department's obligation to pay is contingent upon an annual appropriation by the Florida
LegiSlatUrc,
i, The Agency a-rccs to comply with S(!ction -'0.055 (5)e F.S., and to incorporate in all
subcontracts the oblio-ation to comply with Sectioll -10.0,53 (5).
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 rcmoved pursuant to P,-iracyraphs 5, F. and 6. a- the Agency Shall
Maintain the Project in a reasonable inaimer and with CILIC care in accordance ccordae Nvith 11rajeet
standards. Specifically, the Agency ap,rccs lo:
-5 of9
I 11,RM OA 02-25
(1) remove litter from all landscaped arcus of the I`ro�ject;
(2) remove fallen palm fronds, fallen fruit Olid flower s 'talks and fallen twigs and lira bs from all
landscaped areas of the Project;
(3) water and fertilize tell plants;
(4) mulch all plant beds,
(5) keep plants as free as practicable from discase and harnifill, insects-.
(0) wecd the Project premises routinely.
(7) rnow and/or cut grass within the area.*;delineated by tile landscape plans"
O prune all plants. specifically remove all dead or di4
.;c.lsc(l flans of prints and prune of all parts
ofplants that present a visibility hazard to those using dic r0ad%vay;
(9) replace, or at. the Agency's option. remove all dead or diseased phi nts or other parte; of the
Project that have fallen below PrO.Jcct standards,Replace with plants of substantially the same
grade, size and specification as originally provided for in the plans and specifications, unless
otherwise authorized by the Department; and
(10)perliorin routine maintenance as prescribed by the manufacturer of any Project irrigation
systeni-, and
(11) trirn, alter, relocate or remove IdIndseaping as needed for tiny future Intelligent
TrariSporultioll SVStClIl (ITS).
b. Maintenance ofilic Project -,hall Inc subjccl to periodic inspections by tile Department. In the
event that ,any of the af ilitics
orementioned rcsponsib arc not carried out or are otherwise
determined by the Department not to be in conformance with the applicable Project standards,tile
Department may terminate the Agrccinent in accordance with paragraph 6.1).
c. The Operations Center Engincer shall be notified two (2) business days in advance of
commencing all-,,, scheduled construction or maint,ellince activities Emergency repairs shall be
performed without delay and the Operations Centel- Engineer notified inin-rediately. The
operations Centel- F,nginecr with responsibility for the roadway within this Project is located at
5211 liftelionc 727-575-8300.
d. Prior to ,lily Project construction or reconstruct loll actin ity,the Agcricy shall submit plans to the
Department for review and approval ofthe proposed work-Additionally,Such plans shall be submitted
to all utilities with facilities within tile limits of work for their review and comment.The Agency shall
resolve any conflictsaild/or concerns raised by the utilities prior to commencement Ofsuch activitics
Work shall not Start until the Department has issued a Design Approval and Notice to Proceed with
Construction letter to the Agicncy. Prior to conaliencing!any field activity on this Project, tile Agency
shall notify all the utilities of their work schedule enabling facilities to be field located and inark-ed,to
avoid damage.
e. The Department will require the Agency to cQasc operations and remove all personnel and
C iflinent from the Departnient's right-of-way if �Iny letions oil the part of the Agency or
CILI Z�'
representatives cif the Agency violate tile conditiorlor intent Of this ag-reenient as determined by
the Department.
f, it is understood between the parties hoivw that,any or all ofthe Project
ject may be removed,relocated.
or adjusted at any time in the future as deiciinined to lie necc!zsary by the Department in order that the
-ed.or otherwise changed to meet will'tile f0ture criteria orplanning
adjacent suite road be widened,alter
of the Department.The Agency shall be given notice regarding such removal,relocation.oradjustrilent
6 of 9
I ILRMO/�402-25
and shad]beat I owedsixty(60)calendardays to rel I I,)\C al I or part ot,the Pro The
Project at its own cost,
Agency will own that part of the Project it rculoves, After the sixty (60)calendar day's removal
period. the Department may rcrnovc. relocate, (),-adJust the Prosect as it oiccins best, Wherever
the Agency removes improvements pursuant tea this agrecincrat the Agency shall restore the
7
surface of the affected portion of the Pro.icet premises tea the same sat1c,and tnafficable condition
as it was before installation of such improvements.
g.The Agency covenants to appropriate in itsannual budget. for each Fiscal Year,non-ad valorem
funds haw-fully available to satisfy its aaaaintcaatutcc rcsponobil i tic.; under this Agreement. This
covenant (toes not create any lien Upon, or plcdge of. saach non-ad valorern funds, not, does it
preclude the AgCTICv from pledging such funds in tile future. or froin levyin�) and collecting, airy
partiCi.dar non-ad valoreill funds.
6. TERMINATION
a. The term of this Agreement shall be for to period of tell(l 0)years commencing oil the date of
execution of the Agreement, with ten (10) vcar renewal options, The Department shall send the
Agency an expiration notice six (6) nionflis prior to each let) (10) year expiration date. Any
renewal Must be agreed upon by both parties in writing ninety (90) calendar days prior to the
expiration of the existing agrecincrit
In tile event that the A-.(,Ciicv elects to n
c)t renew the Agreenwin. then the Agency shut],at its sole
expense, be responsible for the removal of the Pro,ject and shall restore the Pro Icct Highway to as
safe and trafflicable condition prior to expiration of the Agreement,
b. The Agreement rnay be terminated by the Department iftlic Agency, following fifteen (l 5)
I ILRNIOA M02-25
b. When either party receives notice ofa Claim 1,01-d"Images I'llat Inay have been caused by the
other Party in the perfornia lice of sera ice,ti required under this .Agreement, that party shall
immediately forward tile Ckliln to the other pirty. Fach party shall evaluate the ch-litil and report
its findings to each other within fourteen (14) business days and jointly discuss options in
defending the claim. A party's failure to promptly notify the.other ofa claim shall not act as a.
waiver of any right,herein.
8. GENERAL
a. The Department's District Secretary or his designee shall decide all questions, diflIcultics, and
disputes of amy nature whatsoever that may airise under or by reason of this Agrectnem the
prosecLition. or fullillincut ofthe service hereunder and the charactcr, quality, amount,and value
thereof*, and his decision upon all claims. questions, i-,uid diSrUtCS Sh,-Ill be final and conclusive
upon the parties hereto.
b. E-Verify;
1. The Agency shall utilize the tj.S. Departrilent of-lonicland Security's E-Vcrify system to
verify the employment eligibility of all new employees hired by the Agency during the term of
this Agreement, and
I The Agency shall expressly require any subcontractors puforming work or providing
services to likewise ittilize tile LJ-S. Departnicrit offlonicltad Sceurity's E-Verify system to
verify the eniployce eligibility of sill neNv employees hired by the subcontractor during this
Agreement's term.
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,Ag,'reement may not be
0
assi-ned or transferred by the Agency in whole or in part Without written consent or the
Department.
d. Ifany provision of the Agreement is held Invalid, the remainder ot'this A_Lucement shall not
be affected thereby il'such remainder Nvotild then continue to cont'bryn to the terms and
requirements ol'applicable law,
e.This Agreement, regardless of where executed, shall be governcd by,and construed according to
the Laws of the State of Florida.
SIGNATU RES APP EA R0 NN T]II" FOL LOWING PAG U
REMAINDER OF PAU INTENTIONAI-LY BLANK
8 cal`9
HLRMOA 402-25
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year
first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
B y : (
Francis Lewis, P.E.
Director of Transportation Operations
District Seven,
Date:
Attest:
�,2
Ea i e Secretary
(SEAL)
Date: �, ''g°` -—
Legal Review: J, l h�
Office of Genera(Counse.Distnc
Date:
CITY OF CLEARWATER, FLORIDA
Bruce Ree Jennifer Poirrier
Mayor City Manager
Date:
Approved as to form: Attest:
TER
Cf ®4 v A
Melissa Isabel o Rosemarie Call
Assistant City Attorney City Clerk , °
9 of 9
RESOLUTION NO, 25-02
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
AUTHORIZING THE CITY MANAGER TO ACCEPT A HIGHWAY
BEAUTIFICATION GRANT, AND ENTER INTO A HIGHWAY
BEAUTIFICATION, LANDSCAPE CONSTRUCTION, AND
MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION, PROVIDING AN
EFFECTIVE DATE.
WHEREAS, many roadside areas and median strips within Department of Transportation
rights of way should be maintained and attractively landscaped; and
WHEREAS, South Missouri Avenue serves as a main north/south thoroughfare in
Clearwater; and
WHEREAS, FDOT owns State Road 595/State Road 651 (South Missouri Avenue)
consisting of road improvements, medians, right-of-way and grassed areas abutting thereon
located between Bayview Drive to Court Street; and
WHEREAS, the City of Clearwater desires to further improve South Missouri Avenue
through the installation of landscaping in its medians; and
WHEREAS, the City Council of the City of Clearwater wishes to authorize the City
Manager to accept a Highway Beautification Council Grant from the Florida Department of
Transportation, and enter into a Highway Beautification Grant, Landscape Construction, and
Maintenance Memorandum of Agreement between the City of Clearwater and the Florida
Department of Transportation.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. The City Council of the City of Clearwater hereby authorizes the City Manager to
accept a Highway Beautification Council Grant from the Florida Department of Transportation,
and enter into a Highway Beautification Grant, Landscape Construction, and Maintenance
Memorandum of Agreement between the City of Clearwater and the Florida Department of
Transportation.
Section 2. The City Clerk of City of Clearwater is hereby directed to send copies of this
Resolution to the Department of Transportation and all other persons as directed by the City
Council.
Section 3. This resolution shall take effect immediately upon adoption.
Resolution No. 25-09
Q0-
PASSED AND ADOPTED this 0 day of 13t�— 2025.
Countersigned: CITY OF CLEARWATER, FLORIDA
By: By:
Bruce Rector--� Jennifer.Poirrier
Mayor City Manager
Approved as to form: Attest:
n
By:----,"/Ik By: EURT
Melissa Isabel �(: Rosemarie Call
vp
Assistant City Attorney City Clerk
fSTA
Resolution No. 25-09