98-22769 RESO
RESOLUTION NO.
98-22769
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING A HIGHWAY LANDSCAPING MAINTENANCE
AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR
THE MAINTENANCE OF THE LANDSCAPING FOR STATE ROAD AlA (MAC ARTHUR
CAUSEWAY), FROM THE EAST END OF WATSON ISLAND TO THE WEST END OF
EAST CHANNEL BRIDGE, FOR AN ANNUAL COMPENSATION OF $150,000, PAID BY
FOOT TO THE CITY, COMMENCING ON JULY 1, 1998, FOR A ONE YEAR PERIOD
AND TWO ADDITIONAL ONE YEAR RENEWAL OPTIONS, IF MUTUALLY AGREED UPON
BY THE CITY AND FDOT.
WHEREAS, the Florida Department of Transportation (FDOT) has landscaped
State Road AlA (Mac Arthur Causeway), from the east end of Watson Island, to the
west end of the East Channel Bridge; and
WHEREAS, on July 13, 1994, the City entered into a Memorandum of Agreement
with the Florida Department of Transportation to perform the landscape
maintenance services on the Mac Arthur Causeway, for a total of $150,000 per year
to be paid to the City; and
WHEREAS, the FDOT is seeking to renew this Memorandum of Agreement and has
agreed to compensate the City $37,500 per quarter, for a total of $150,000 per
year, for the cost of the City maintaining said landscaping, pursuant to the
attached Highway Landscaping Memorandum of Agreement; and
WHEREAS, the Agreement contains two additional one year renewal options,
if mutually agreed to by both parties,
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Commission hereby
authorize the Mayor and City Clerk to execute the attached Highway Landscaping
Maintenance Agreement, for one year, with two optional one year renewals, with
the Florida Department of Transportation (FDOT), for the maintenance of the
landscaping for State Road AlA (Mac Arthur Causeway) from the east end of Watson
Island to the west end of East Channel Bridge, with an annual compensation of
$150,000 to be paid by the FDOT to the City,
PASSED AND ADOPTED THIS
17th
dallJ
OR
June
, 1998,
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CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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~ITY OF MIAMI BEACH
ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO,
?Xo~-~8
TO:
Mayor Neisen O. Kasdin and
Members of the City Co
DATE: June 17, 1998
FROM:
Sergio Rodriguez
City Manager
SUBJECT: A RESOLUT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING A MEMORANDUM OF AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) FOR THE MAINTENANCE
OF THE LANDSCAPING FOR STATE ROAD AlA (MAC ARTHUR CAUSEWAY) FROM
THE EAST END OF WATSON ISLAND TO THE WEST END OF EAST CHANNEL BRIDGE
FOR AN ANNUAL COMPENSATION OF $150,000 PAID BY FOOT TO THE CITY OF
MIAMI BEACH, COMMENCING ON JULY 1, 1998, FOR A ONE YEAR PERIOD AND
TWO ADDITIONAL ONE YEAR RENEWAL OPTIONS IF MUTUALLY AGREED UPON
~' BY THE 'CITY AND FOOT.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
The Florida Department of Transportation (FDOT) landscaped the areas between the east end of
Watson Island to the City's 5th Street in 1994, The MacArthur Causeway Landscape project
significantly enhances the beauty to the southern entrance to Miami Beach, and it is to the City's
benefit that it maintains its splendor for the enjoyment of our residents and guests,
In July of 1994, the City entered into the first year of an agreement with the Florida Department of
Transportation to perform the landscape maintenance services on the MacArthur Causeway, To
ensure that the maintenance levels meet acceptable standards of the City of Miami Beach, FDOT
agreed to compensate the City $37,500 per quarter for a total of$150,000 per year for the cost of
maintaining the MacArthur Causeway landscaping, This agreement has been renewed annually since
that time, The current agreement expires June 30, 1998.
For the past three years, the City has out sourced the MacArthur Causeway to a private landscape
maintenance company, The compensation from FDOT pays for the total cost of the agreement with
the private contractor and various replacement landscape materials needed on the project. The
Recreation, Culture and Parks Department's Landscape Maintenance Division monitors the work of
the contractor on a regular basis to ensure the established specifications are being followed and the
landscape materials are properly maintained,
AGENDA ITEM
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G,-\l~
DATE
Any deviations from the contract are noted in writing and sent to the attention of the contractor for
resolution,
ANAL YSIS:
To ensure the MacArthur Causeway continues to be maintained at the high standards set by the City
of Miami Beach, and to receive the FDOT funding necessary to support these maintenance standards,
the City must approve the attached Memorandum of Agreement. The period of this agreement is
from July 1, 1998 to June 30, 1999 with two additional one year renewal options if mutually agreed
to by both parties,
As a point of information, an additional clause has been added to this Memorandum of Agreement
at the request of the City that permits the City of Miami Beach to recover costs against third parties
who damage (or cause to be damaged) the landscape and the "Welcome" sign structure maintained
by the City pursuant to this Agreement.
CONCLUSION
It is recommended that the City Commission approve the attached Resolution,
S~/KS/OM/eb
T:\AGENDA VUN 1798\CONSENT\MCARTFDT.COM
DEPARTMENT OF TRANSPORTATION
TURF AND LANDSCAPE MAINTENANCE
MEMORANDUM OF AGREEMENT
WITH
THE CITY OF MIAMI BEACH
2~ -b~
This AGREEMENT, entered into this _ tI day of
~^""t;;;r 19 qe 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 MIAMI
BEACH, a municipal corporation of the State of Florida, existing
under the Laws of the State of Florida, herein after called the
CITY.
WITNESSETH
WHEREAS, as a part of the continual updating of the State of
Florida Highway System, the DEPARTMENT for the purpose of safety
has created roadside areas and median strips on that part of the
State Highway System described by Attachment "A", which by
reference hereto shall become a part hereof, within the corporate
limits of the CITY and
WHEREAS, the CITY hereto is of the opinion that said median
strips and roadside areas shall be attractively landscaped with
various flora; and
WHEREAS, the parties hereto mutually recognize the need for
entering into an agreement designating and setting forth the
responsibilities of each party; and
WHEREAS, the CITY by Resolution No. 98-22769
dated June 17, 1998 , attached hereto as Attachment "C", which by
reference hereto shall become a part hereof, desires to enter into
this AGREEMENT and authorizes its officers to do so.
NOW THEREFORE, for and in consideration of the mutual benefits
to flow each to the other, the parties covenant and agree as
follows:
1. CITY'S MAINTENANCE RESPONSIBILITY
The CITY shall be responsible for the maintenance of all
landscaped and/or turfed areas within the DEPARTMENT'S right-
of-way having the limits described by Attachment "A". The
CITY shall be responsible for performing the work described
below with a minimum frequency of twelve (12) times per year:
MIAMmEA.AG
1.1. Mow, cut and/or trim and edge the grass or turf in
accordance with the latest edition of the State of
Florida IIGuide for Roadside Mowing II and the latest
edition of the IIMaintenance Rating Programll.
1.2. Properly prune all plants which includes plant and tre~
trimmings in accordance with the latest edition of the
IIMaintenance Rating Programll. Pruning such parts thereof
which may present a visual or other safety hazard for
those using or intending to use the right-of-way.
1.3. Remove and dispose
deteriorated plants.
dead,
diseased or
otherwise
1.4. Keep litter removed from roadside and median strips.
1.5. Remove and dispose of all trimmings, roots, branches,
litter, etc., resulting from the activities described by
(1.1) through (1.4) inclusively as described above.
2. WORK SCHEDULE
The CITY shall submit a schedule to the DEPARTMENT containing
the dates of when the CITY is planning to perform the mowing
work. In addition, before the CITY starts the work, the
DEPARTMENT shall be notified via fax of the state road(s) and
day(s) in which the CITY will be working. The fax shall be
sent to the attention of the IISouth Dade Maintenance
Engineerll, at fax number (305) 256-6304.
3. NATURAL DISASTERS
The CITY shall not be responsible for the clean-up, removal
and disposal of debris from the DEPARTMENT'S right of way
having limits described by Attachment IIAII, or subsequent
amended limits mutually agreed to in writing by both parties
following a natural disaster (i.e. hurricane, tornados, etc.).
However, the cost of any cycle or part thereof that could be
impaired by any such event may be deducted from the payment to
the CITY.
4. MAINTENANCE DEFICIENCIES
If, at any
effect, it
MAINTENANCE
established
time while the terms of this AGREEMENT are in
shall come to the attention of the DISTRICT
ENGINEER that the CITY'S responsibility as
herein or a part thereof is not being properly
MIAMIBEA.AG
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accomplished pursuant to the terms of this AGREEMENT, said
DISTRICT MAINTENANCE ENGINEER may at his option issue a
written notice in care of the CITY MANAGER, to place said
CITY on notice thereof. Thereafter the CITY shall have a
period of thirty (30) calendar days within which to correct
the cited deficiency or deficiencies, If said deficiencies-are
not corrected within this time period the DEPARTMENT may at
its option, proceed as follows:
4.1.
Maintain the median or roadside area declared
with DEPARTMENT and/or a Contractor's
equipment and personnel. The actual cost for
will be deducted from payment to the CITY or
deficient
material,
such work
4.2. Terminate this AGREEMENT.
5 . NOTICES
All notices, requests, demands, consents, approvals, and other
communication which are required to be served or given
hereunder, shall be in writing and shall be sent by registered
mail or certified U.S. mail, return receipt requested, postage
prepaid, addressed to the party to receive such notices as
follows:
To DEPARTMENT:
Florida Department of Transportation
1000 Northwest 111th Avenue., Room 6214
Miami, Florida 33172-5800
Attention: District Maintenance Engineer
To CITY:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: City Manager
6. LANDSCAPE MODIFICATION
It is understood between the parties hereto that the
landscaping covered by this AGREEMENT may be removed,
relocated or adjusted at any time in the future as found
necessary by the DEPARTMENT in order that the adjacent state
road be widened, altered or otherwise changed and maintained
to meet with future criteria or planning of the DEPARTMENT.
7. METHOD OF COMPENSATION
In accordance with requirements of Section 287.058 (1) (d) ,
Florida Statutes, the DEPARTMENT agrees to pay the CITY
MlAMIBEA.AG
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quarterly (each three month period) compensation for the cost
of maintenance as described under Subi terns (1.1) through
(1. 5) .
The lump sum payment will be in the amount of $37,500.00
dollars per quarter for a total appropriation _ of
$150,000.00 dollars per year.
In accordance with Section 287.058 (1) (a), Florida Statutes,
the CITY shall submit the quarterly invoice/bill in detail
sufficient for proper preaudit and postaudit thereof.
8. VENDOR RIGHTS
Section 215,422(5), Florida Statutes, requires the Department
to include a statement of vendor (Contractor) rights.
Contractors are hereby advised of the following:
Contractors providing goods and services to an agency should
be aware of the following time frames. Upon receipt, an agency
has 5 working days to inspect and approve the goods and
services, unless the bid specifications, purchase order or
contract specifies otherwise. An agency has 20 days to deliver
a request for payment (voucher) to the Department of Banking
and Finance. The 20 days are measured from the latter of the
date the invoice is received or the goods or services are
received, inspected and approved, by the Department of
Transportation.
If a payment is not made within 40 days, a separate interest
penalty at the rate established pursuant to Section 55.03(1)
Florida Statutes will be due and payable, in addition to the
invoice amount ,. to the Contractor. The interest penalty
provision applies after a 35 day time period to health care
providers, as defined by rule. Interest penalties of less than
one dollar will not be enforced unless the Contractor requests
payment.
Invoices which have to be returned to a Contractor because of
Contractor preparation errors will result in a delay in the
payment. The invoice payment requirements do not start until
a properly completed invoice is provided to the Department of
Transportation.
A Vendor Ombudsman has been established within the Department
of Banking and Finance. The duties of this individual include
acting as an advocate for Contractors who may be experiencing
problems in obtaining timely payment(s) from a state agency.
The Vendor Ombudsman may be contacted by calling the State
Comptroller's Hotline, 1-800-848-3792.
MIAMlBEA.AG
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9. PAYMENT ADJUSTMENT
In the event temporary work by the D~PARTMENT forces o~ by
other Contractors temporarily prevent the CITY from performing
the work described in this AGREEMENT 1 the DEPARTMENT shall
deduct from the lump sum payment the acreage of the affected
area and only compensate the CITY for the actual work it
performs.
The DEPARTMENT shall initiate this procedure only if the
temporary work described in this section is for a period of
one (1) month or longer. Adjustment to the CITY'S payment
shall also be done as noted in Item Three (3). In the event
this AGREEMENT is terminated as established by Item Ten (10)
hereinl no payment will be prorated for the quarter in which
termination occurs for the work that has been completed.
10. TERMINATION
This AGREEMENT or part thereof is subject to termination under
anyone of the following conditions:
10.1.
10.2.
10.3.
11. TERMS
11.1.
11.2.
MIAMIBEA,AG
In the event the DEPARTMENT exercises the option
identified by Item Four (4) of this AGREEMENT.
As mutually agreed to by both parties.
In accordance with Section 287.058(1) (c) 1 Florida
Statutes 1 the DEPARTMENT shall reserve the right to
unilaterally cancel this AGREEMENT if the CITY
refuses to allow public access to any or all
documents, papers 1 letters, or other materials made
or received by the CITY pertinent to this AGREEMENT
which are subject to provisions of Chapter 1191 of
the Florida Statutes.
The terms of this AGREEMENT shall only commence
when the DEPARTMENT issues the CITY the Notice To
Proceed letter.
In accordance with Section 287.058 (1) (e) 1 Florida
Statutesl this AGREEMENT is for a period of three
(3) years beginning on the date stated in the
Notice To Proceed letter.
5
11.3.
In accordance with Section 287.0582, Florida
Statutes; "The State of Florida's performance and
obligation to pay under this contract is contingent
upon an annual appropriation by the Legislature,"
To comply with Section 287,0582, F. S, , the
Department shall only appropriate the annual amount
of $150,000,00 at the beginning of each AGREEMENT
year, The expected AGREEMENT appropriation over the
three year AGREEMENT period will be $450,000,00.
12. RENEWAL
In accordance with Section 287.058 (1) (f), Florida .statutes,
this AGREEMENT may be renewed on a yearly basis for a maximum
of two (2) years after the initial contract or for a period no
longer than the term of the original contract, whichever
period is longer, only if mutually agreed to in writing by the
DEPARTMENT and the CITY, subj ect to the same terms and
conditions set forth in this AGREEMENT, and said renewals
shall be contingent upon satisfactory performance evaluations
by the DEPARTMENT and subject to the availability of funds.
13. ATTACHMENT UA" AMENDMENT
It is further understood that Attachment "A" may be amended or
changed at any time, as mutually agreed to in writing by both
parties. Payment as specified in Item Seven(7) above shall
reflect such amendment or change.
14. TIME EXTENSION
In accordance with Section 287.012(10), Florida Statutes, this
AGREEMENT may be extended if mutually agreed to in writing by
both parties, for a period not to exceed six (6) months and
shall be subject to the same terms and conditions set forth in
this AGREEMENT; provided the DEPARTMENT may, in its
discretion, grant a proportional increase in the total dollar
amount based on the method and rate established herein, There
shall be only one extension of this AGREEMENT.
15. ADDITIONAL LANDSCAPING
The CITY may construct additional landscaping within the
limits of the right-of-ways identified as a result of this
document, subject to the following conditions:
MIAMIBEA,AG
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15.1.
15.2.
15.3.
15.4.
15.5.
15.6.
Plans for any new landscaping shall be subject to
approval by the DEPARTMENT. The CITY shall not
change or deviate from said plans without written
approval by the DEPARTMENT.
All landscaping shall be developed and implemented
in accordance with appropriate state safety and
road design standards;
All requirements and terms established by this
AGREEMENT shall also apply to any additional
landscaping installed under this item;
The CITY agrees to complete, execute and comply
with the requirements of the DEPARTMENT'S sta~dard
permit provided as Attachment "B" (not to actual
size) to this AGREEMENT with by reference hereto
shall be a part of hereof;
No change will be made in the payment terms
established under Item Seven (7) of this AGREEMENT
due to any increase in cost to the CITY resulting
from the installation and maintenanc~ of
landscaping added under this item;
In the event this AGREEMENT is terminated as
established under Item Ten (10) herein, the CITY
agrees to accept full responsibility for all
maintenance within the entire area (s) defined by
plans and permits defined' and established as a
result of this item. The CITY shall provide this
maintenance at no cost to the DEPARTMENT.
16. The DEPARTMENT herein authorizes the CITY to recover on the
DEPARTMENT"S behalf and in the DEPARTMENT'S name, any and all
costs agaYhst third parties who damage or cause to be damaged
the landscape and the "Welcome" sign structure maintained by
the CITY pursuant to this AGREEMENT, Such landscape shall
include but is not limited to: palm trees, plants, shrubbery
and flowers.
17. This writing embodies the entire AGREEMENT and understanding
between the parties hereto and there are not other agreements
and understanding, oral or written reference to the subject
matter hereof that are not merged herein and superseded
hereby,
MIAMIBEA.AG
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J8. This AGREEMENT is nontransferable and nonassignable in whole
or in part without consent of the DEPARTMENT.
19. This AGREEMENT, regardless of where executed shall be gove~ned
by, and constructed according to tpe laws of the State of
Florida,
20. Nothing in this AGREEMENT shall be construed to violate the
provisions of Section 339.135(6) (a), of the Florida Statutes
(1993), which provides as follows:
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 funds
are available prior to entering into any such contract or
other binding commitment of funds. Nothing herein contained
shall prevent the making of a contract 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 of the Department which
are of an amount in excess of $25,000 and which have a term
for a period of more than one year.
MIAMIBEA,AG
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IN WITNESS WHEREOF the parties hereto have caused these
presents to be executed the day and year first above written.-'
LANDSCAPING AGREEMENT WITH THE CITY OF MIAMI BEACH.
CITY OF MIAMI BEACH
STATE OF FLORIDA
DEPARTMENT OF TRANSPO
ATTEST:
ATTEST'~ r~
C ty Clerk (Seal)
ATT
BY:
City
APPROVED AS TO LEGAL FORM:
//
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General Counsel
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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9
ATTACHMENT "A"
Below is the state road, the limits, length and acreage of the area
to be maintained by the City of Miami Beach under this AGREEMENT.
STATE
ROAD STREET LENGTH ACREAGE
No. NAME FROM: TO: (MILES)
AlA MacArthur East side West side 1. 816 5.303
Causeway of Watson of East
Island Channel
Bridge
TOTAL 1.816 5.303
M1AMlBEA.AG
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ATTACHMENT
"B"
STATlI: OP PLORIDA
DEPARTHEIIT OP TRANSPORTATION
SPECIAL PBllHIT
District Six
6/95
(if applicable I
PERMIT NO.,
STATE ROAD NO, ,
MILEPOST FROM,
RECORD NO"
DATE,
SECTION NO,
COUNTY,
STATE PROJECT NO,
TO,
APPLICANT ,
ADDRESS,
CITY,
TELEPHONE NO"
STATE,
ZIP CODE:
Applicant requests permission from the State of Florida Department of Transportation, hereinafter called the Department, to construct,
operate, and maintain the facility shown in the accompanying engineering as described here:
Location of Construction, Street Name, and Nearest Intersection:
1.
Is the proposed work within the corporate limits of a municipality: Yes ( ) No
Name of municipality: Local Government Contact:
Prior to filing this application. the location of all existing utilities, both aerial and underground, has been ascertained,
and the accurate locations are shown on the drawings (as applicable). A letter of notification was mailed on
to the tollowing
2,
~tiiiti;s/~ni~ipalities :-
It is expressly stipulated that this permit is a license for permissive use only and that the construction within and/or
upon public property pursuant to this permit shall not operate to create or vest any property right in said holder.
Whenever it is determined by the Department that it is necessary for the construction, repair, improvement, maintenance,
safe and/or efficient operation, alteration, or relocation of any or all portion of said highway and/or transportation
facility; the Permittee shall inrnediat.ely remove any and all installed facilities from said highway and/or transportation
facility, or reset or relocate thereon as required by the Department at the Permittee's expense.
All work shall meet Department I S Roadwav and Traffic Desicm Standards, Soecifications for Road and Bridae Construction, and
other applicable criteria in effect at the time of permit issuance. The work shall be performed under the inspection
supervision of , Permit/Maintenance Engineer located at , Telephone
No. This designated engineer shall be notitied forty-eight (48) hours prior to the pre-
construction meeting and again immediately betore commencement ot work. All material and equipment shall be subject to
inspection by the designated engineer or his authorized representative.
All Department property shall be restored to its original condition as far as practical in keeping with Department
Specifications, and in a manner satistactoty to the Department, within thirty (30) days ot the installation ot the pennitted
work, unless otherwise approved by the Department.
A drawing covering details of this work shall be made a part at this permit. This drawing shall include plan, protile, and
cross sections as appropriate, and may be required to bear the seal ot a professional engineer licensed in the State of
Florida. As built drawings are required: Yes ( ) No ( )
The Permittee shall comnence actual construction in good faith within
and shall compete construction within days tram the commencement of
for delay and the Department approves an extension. No extension beyond one
permit will be granted.
This construction and maintenance shall not interfere with the property and rights of a prior Permittee.
Special Conditions and Instructions by the Department,
days from the date of said permit approval
work unless the permittee shows good cause
(1) year from the date of issuance of this
3,
4,
5,
6,
7.
8,
9,
10,
11,
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's
right, title, and interest in the land to be entered upon and used by the Permittee, his heirs, assigns, and successors in
interest, and the Permittee will, at all times, assume all risk of and indemnity, defend, and save harmless the State of
Florida and the Department from and against any and all loss, damage, cost., or expense arising in any manner on account of
the exercise or attempted exercise by said Permittee of the aforesaid rights and privileges.
During construction through Department acceptance at the permitted work, all safety regulations of the Department shall be
observed and the holder must take measures, including placement and display of safety devices, that may be necessary in
order to safely conduct the public through the project area in accordance with the Department's current edition at the
Roadwav and Traffic Desian Standards, Index Series 600, and the Manual of Uniform Traffic Control Devices.
In case at non.compliance with the Department's requirements in effect as of the approved date of this permit, this permit
is void and the work will be brought into compliance or removed from the right-at-way at no cost to the Department.
12,
13,
Submitted and Agreed to by:
Corporate Seal
Signature of Permittee
Attested
Name and Title (typed)
Reconunended for approval:
Title,
Date:
Approved by:
Date:
District Permit Engineer or Authorized Representative
MIAMIBEA.AG
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