02-39
RESOLUTION NO. 02-39
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA AUTHORIZING THE EXECUTION OF A
MAINTENANCE AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, TO PROVIDE
FOR ROADWAY SWEEPING WITHIN THE
DEPARTMENT'S RIGHT-OF-WAY IN THE CITY OF
CLEARWATER; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation (FOOT) has agreed to
retain the City of Clearwater to perform roadway sweeping within the Department's
right-of-way in the City of Clearwater under the Maintenance Agreement, State Job No.
40967517201, a copy of which is attached hereto as Exhibit "A"; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby accepts and approves the Renewal of
the Maintenance Agreement between City of Clearwater and the State of Florida
Department of Transportation, State Job No. 40967517201 to retain the City of
Clearwater to provide roadway sweeping within the Department's right-of-way in the
City of Clearwater, and authorizes Clearwater City Manager, William B. Horne II, to sign
said Maintenance Agreement on behalf of the City of Clearwater.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 22nd day of August
,2002.
Approved as to form:
.2~.12~
Assistant City Attorney
Attest:
~,a~dAr.c(bL
/J1I Cyn i E. Goude~u ..... -> .--ct'
V City Clerk '.
Resolution No. 02-39
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Contract No. 4K872
State Job No(s). 40967517201
W.P.I. No(s).
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
MAINTENANCE AGREEMENT
STANDARD AGENCY FORMAT
BY TillS AGREEMENT, made and entered into this.3RD day of OcT . , 2001, by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, District VII, an
agency of the State of Florida, hereinafter called "Department" and
The City of Clearwater, hereinafter called "Agency", hereby agree as follows:
1. SERVICES AND PERFORMANCE
A. In connection with performing maintenance of roadway sweeping within the
Department's Right-of-way in the City of Clearwater, the Department does hereby
retain the Agency to furnish certain services, information and items as described in
Exhibit "A", attached hereto and made a part hereof. These services were acquired in
compliance with S.287.055 F.S.
B. Before any additions or deletions to the work described in Exhibit "A", and before
undertaking any chanpes or revisions to such work, the parties shall enter into a
Supplemental Agree-.nent covering such modifications and the compensation to be
paid therefor. Performance of any such services prior to the execution of a
Supplemental Agreement will result in nonpayment of those services. Reference
herein to this Agreement shall be considered to include any supplemental thereto.
C. Where Exhibit "A" calls for the preparation of tracings, plans, specifications, maps,
and/or reports these items as well as all data collected, together with summaries and
charts derived there from, shall be considered works made for hire and shall become
the property of the Department without restriction or limitation on their use; and shall
be made available, upon request, to the Department at any time. The Agency shall not
copyright any material and products or patent any invention developed under this
Agreement. The Department will have the right to visit the site for inspection of the
work and the drawings of the Agency at any time. . Unless changed by written
agreement of the . parties, said site shall be See Exhibit "A"
D. All final plans, documents, reports, studies and other data prepared by the Agency
will bear the endorsement of a person in the full employ of the Agency. :
E. The Department will be entitled at all times to be. advised, at its request, as to the
status of work being done by the Agency and of the details thereof. Coordination
shall be maintained by the Agency with representatives of the Department.
,
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Exhibit "A"
Resolution No. 02-39
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failure to meet the criteria set forth in this Agreement for completion of this
Agreement is due to events beyond the control of the Agency.
It shall be the responsibility of the Agency to ensure at all times that sufficient time
remains in the Project Schedule within which to complete services on the project. In
the event there have been delays which would affect the project completion date, the
Agency shall submit a written request to the Department which identifies the reason(s)
for the delay and the amount of time related to each reason. The Department will
review the request and make a determination as to granting all or part ofthe requested
extension.
3. COMPENSATION AND PAYMENT
A. The Department agrees to pay the Agency for the herein described services at a
compensation as detailed in Exhibit "B" attached hereto and made a part hereof
B. Payment shall be made only after receipt and approval of goods and services unless
advance payments are authorized by the State Comptroller under Section
215.422(14), Florida Statutes.
C. If this Contract involves units of deliverables, tMb such units must be received and
accepted in writing by the Contract Manager prior to payments.
D. Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b),
Florida Statutes.
E. Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof
F. Bills for travel expenses specifically authorized shall be submitted and paid in
accordance with Section 112.061, Florida Statutes.
G. The Agency providing goods and services to the Department should be aware of the
following time frames. Upon receipt, the Department has five (5) working days to
inspect and approve the goods and services, unless the Agreement specifies otherwise.
The Department 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.
H. If a payment is not available within 40 days, a separate interest penalty of .03333
percent per day will be due and payable, in addition to the invoice amount, to the
Agency. Interest penalties ofless than one (1) dollar will not be enforced unless the
Agency requests payment. Invoices which have to be returned to a Agency because
of Agency preparation errors will result in a delay in the payment. The invoice
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4. INDEMNITY AND SURETYSHIP
A .INDEMNITY. To the extent provided by law, The City of Clearwater shall
indemnifY, defend, and hold harmless from any claim, loss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent act by The City of Safety
Harbor, its agents, or employees, during the performance of the Agreement, except
that neither The City of Clearwater , its agents, or its employees will be liable under
this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any
act, error, omission, or negligent act by the Department or any of its officers, agents,
or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been
caused by The City of Clearwater in the performance of services required under this
agreement, the Department will immediately forward the claim to The City of Safety
Harbor. The City Safety Harbor and the Department will evaluate the claim and
report their findings to each other within fourteen (14) working days and willjointly
discuss options in defending the claim. After reviewing the claim,the Department will
determine whether to require the participation of The City of Clearwater in the
defense ofthe claim or to require that The City of Clearwater defend the Department
in such claim as described in this section. The Department's failure to promptly notify
The City of Clearwater of a claim shall not act as a waiver of any right herein to
require the participation in or defense of the claim by The City of Clearwater. The
Department and The City of Clearwater will each pay its own expenses for this
evaluation, settlement negotiations, and trial, if any. However, if only one party
participates in the defense of the claim at trial, that party is responsible for all
expenses at trial.
B. LIABILITY INSURANCE.
[X ] No general liability insurance required.
[ ] The Agency shall carry and keep in force during the period ofthis Agreement
a general liability insurance policy or policies with a company or companies
authorized to do business in Florida, affording public liability insurance with
combined bodily injury limits of at least $ per person and $_ each
occurrence, and property damage insurance of at least $ each
occurrence, for the services to be rendered in accordance with this
Agreement.
C. WORKER'S COMPENSATION. The Agency shall also carry and keep in force
Worker's Compensation insurance as required for the State of Florida under the
Worker's Compensation Law.
D. CERTIFICATION. With respect to any insurance policy required pursuant to this
Agreement, all such policies shall be issued by companies of recognized responsibility
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E. Agency covenants and agrees that it and its employees shall be bound by the standards of
conduct provided in applicable Florida Statutes and applicable rules of the Board of
Professional Regulation as they relate to work performed under this Agreement. Agency
further covenants and agrees that when a former state employee is employed by the Agency,
the Agency will require that strict adherence by the former state employee to Florida Statutes
112.313(9) and 112.3185 is a condition of employment for said former state employee. These
statutes will by reference be made a part of this Agreement as though set forth in full. Agency
agrees to incorporate the provisions ofthis paragraph in any subcontract into which it might
enter with reference to the work performed pursuant to this Agreement.
6. TERMINATION AND DEFAULT
A. This Contract may be canceled by the Department in whole or in part at any time the
interest of the Department requires such termination. The Department also reserves
the right to seek termination or cancellation of this Agreement in the event the
Agency shall be placed in either voluntary or involuntary bankruptcy. The
Department further reserves the right to terminate or cancel this Agreement in the
event an assignment be made for the benefit of creditors. This Contract may be
canceled by the Agency only by mutual consent of both parties.
B. If the Department determines that the performance of the Agency is not satisfactory,
the Department shall have the option of (a) immediately terminating the Agreement,
or (b) notifying the Agency 0 f the deficiency with a requirement that the deficiency be
corrected within a specified time, otherwise the Agreement will be terminated at the
end of such time, or (c) take whatever action is deemed appropriate by the
Department.
C. If the Department requires termination of the Agreement for reasons other than
unsatisfactory performance of the Agency, the Department shall notify the Agency of
such termination, with instructions as to the effective date oftermination or specify
the stage of work at which the Agreement is to be terminated.
D. If the Agreement is terminated before performance is completed, the Agency shall be
paid only for that work satisfactorily performed for which costs can be substantiated.
Such payment, however, may not exceed an amount which is the same percentage of
the contract price as the amount of work satisfactorily completed is a percentage of
the total work called for by this Agreement. All work in progress will become the
property of the Department and will be turned over promptly by the Agency.
7. ASSIGNMENT AND SUBCONTRACTS
A. The Agency shall not sublet, assign or transfer any work under this Agreement
without the prior written consent of the Department.
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and the rights and obligations of the parties shall be construed and enforced as if the
Contract did not contain the particular part, term or provision held to be invalid.
E. This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida.
F. In any legal action related to this Agreement, instituted by either party, Agency hereby
waives any and all privileges and rights it may have under Chapter 47 and Section
337.19, Florida Statutes, relating to venue, as it now exists or may hereafter be
amended, and any and all such privileges and rights it may have under any other
statute, rule, or case law, including, but not limited to those grounded on
convenience. Any such legal action may be brought in the appropriate Court in any
county chosen by the Department and in the event that any such legal action is filed by
Agency, Agency hereby consents to the transfer of venue to the county chosen by the
Department upon the Department filing a motion requesting the same.
G. In the event that a recipient expends $300,000 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 216.3491, Florida Statutes, and Chapter 10.600, Rules
of the Auditor General.
If a recipient expends less than $300,000 in State awards during its fiscal year, an
audit conducted in accordance with Section 216.3491, Florida Statutes, and
Chapter 10.600, Rules of the Auditor General is not required. If a recipient
expends less than $300,000 in State awards during its fiscal year and elects to have an
audit conducted in accordance with Section 216.3491, Florida Statutes, and
Chapter 10.600, Rules of the Auditor General, the cost of the audit must be paid
from non-State funds.
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EXillBIT "A", SCOPE OF SERVICES
I. The Agency shall assume the Department's maintenance responsibilities as follows:
A. The agency shall perform routine mechanicaVvacuum road and bridge sweeping
consisting of cleaning and removing sand, soil, paper, glass, cans and other debris
from designated areas within the limits of the State Maintained Highway right-of-
way.
Areas to be cleaned will be curb and gutter, valley gutter, and curbs,
and median, gore areas and other designated sites.
Spot sweeping and cleanup of accident and/or load spills will be the responsibility
of the Department.
These specifications and special provisions are end-result oriented. Although the
main purpose of this contract is to accomplish mechanicaVvacuum road sweeping
operations on state roadways, the agency may encounter objects larger
than what a mechanical sweeper can remove. At such times, the Agency shall
furnish hand or mechanical means to remove all debris encountered.
B. All roadway sweeping must be done between the hours of7:00 PM and 6:00 AM
Sunday night thru Friday Morning to minimize the disruption of traffic.
All operations shall be performed in accordance with the Department's District 7
Lane Closure Guide.
Sweeping shall include 23 miles on various state roads in Pine lIas
County.
C. All roadway sweeping operations shall follow the safety guidelines established in
the Department's latest edition of the Roadway and Traffic Design Standard,
Index 600 and the latest edition of the Manual on Uniform Traffic Control
Devices, Part VI.
When mechanicaV vacuum sweeper is used on the roadway it shall have a
"SLOW MOVING VElITCLE" sign mounted on top of the vehicle. Additionally,
a flashing arrow panel in conformance with Section 6E-8 and 6E-9 of the Manual
of Uniform Traffic Control Devices (MUTCD) shall be mounted on the top rear
ofthe vehicle.
A shadow truck or attenuator truck shall be provided when sweeping is to be
accomplished on all State Roadways. The shadow truck shall also be equipped
with a sequential arrow panel mounted on the top rear of the vehicle in
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Program, Report 230. Certification shall include drawings and calculations
signed and sealed by a Professional Engineer registered in the State of Florida for
each model.
The flashing arrow boards shall be in conformance with Section 6E-9 of the
Manual of Uniform Traffic Control Devices.
E. The sweeping operations shall not create excessive airborne dust or other
particles as determined by the Engineer.
Vehicles that are parked in the sweeping area are to be swept around. The area
occupied by a parked vehicle will be considered as work accomplished.
F. The term debris shall mean all materials normally picked up by a mechanical
sweeper, such as sand, glass, paper, cans, and other materials. It also will
include large items such as tires, tire parts, hub caps, large stones, boxes, tree
limbs, wood, cable, and other such materials.
It is expected that the Agency shall encounter objects that are larger than what
the mechanicaV vacuwn sweeper can capably remove and therefore the Agency
shall use other means (hand or mechanical) to successfully remove all
debris encountered.
It is expected that the Agency shall encounter piles of soil and vegetation
which will require special removal methods over and above that to be encountered
in norrnal"Sweeping of Accumulated Debris" during the first complete cycle. The
Agency shall furnish such labor, materials and equipment as may be required
to accomplish removal ofthese built-up areas.
Disposal of debris shall be the responsibility of the Agency and in accordance
with all rules and regulations in effect at the time of the disposal. Cost involved
with the disposal of debris shall be included in the contract unit price(s).
STOCKPILING OF DEBRIS ON THE RIGHT-OF-WAY SHALL NOT BE
PERMITTED.
G. Completed work shall be clean and free of all accumulated debris after sweeping
as determined by the Department's Inspector, regardless of the number of
sweeping passes required to achieve the specified quality.
H. For the purpose of this contract, the areas specified for sweeping shall be
all the locations on the location map. The areas specified shall be swept for 26
cycles.
Each sweeping cycle shall be performed, completed and accepted within seven
(7) calendar days after issuance of the work document.
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CLEARWATER MOA SWEEPING LOCATIONS & DOLLAR COST
Roadway State Mile Post Mile Post No: Curb or Miles Unit Price Total Street to Street
Sections Road No: Start End Median Passes per/mile Dollars Description
S. Ft. Harrison
! from Woodlawn
15010 595 19.458 21.212 2 3.508 $43.00 $150.84 St. to Drew St.
I I I I Missouri Ave.
I I I I from Belleair Rd.
15007 651 1.535 3.798 I 2 4.526 $43.00 $194.62 to Hiqhlands A.ve.
I
I I Gulf to Bay Blvd.
I F rom Clearwater
Mall Entrance to
McMullen-Booth
15040 60 4.552 5.803 2 2.502 $43.00 $107.59 Rd.
Cleveland St.
from Lincoln Ave.
$43.00 $31.39 to Evergreen
15040 60 0.859 1.224 2 0.730 Ave.
I Drew St. from
Glenwood Ave to
15050 590 1.570 1.888 2 0.636 $43.00 $27.35 Keystone Dr.
26 Cycles x
$511.79 =
$511.79 $13,306.54 per
Clearwater year
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