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04-20 RESOLUTION NO. 04-20 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 (FDOT) 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. 41695417201, a copy of which is attached hereto as Exhibit "A"; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council 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. 41695417201 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 ~ ~ day of ~ ' 2004. B~ Mayor Approved as to form: '~1. 7) l1/I Bryan . Ruf{"'-- Assistant City Attorney Attest: Resolution No. 04-20 Contract No. ANO-07 FIN Project No.4169541720 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT STANDARD AGENCY FORMAT BY THIS AGREEMENT, made and entered into this _ day of ,2004, 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, Florida a Municipality Corporation, hereinafter called "Agency", hereby agree as follows: 1. SERVICES AND PERFORMANCE A. In connection with Performing Roadway Sweeping on the Primary Roadway systems within the municipal limits of Clearwater, F10ridaJhe 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 Section 335.055. B. Before any additions or deletions to the work described in Exhibit "A", and before undertaking any changes or revisions to such work, the parties shall enter into a Supplemental Agreement covering such modifications and the compensation to be paid therefore. 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 oftracings, plans, specifications, maps, and/or reports these items as well as all data collected, together with summaries and charts derived wherefrom, shall be considered works made for hire and shall become the property ofthe 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 ofthe work and the drawings of the Agency at any time. Unless changed by written agreement of the parties, said site shall be City of Clearwater, Florida, 1650 N. Arcturas Ave. Clearwater, FL 33758-4748. 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. F. All services shall be performed by the Agency to the satisfaction of the Director who shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason ofthis Agreement. The Director's decision upon all claims, questions and disputes shall be final and binding upon all parties. Adjustments of Exhibit "A" DCD7-MA1.0 8/15/04 compensation and contract time because of any major changes in the work that may become necessary or desirable shall be left to the absolute discretion ofthe Director. Reference herein to Director shall mean the Department's District Secretary for District Seven, or his designee. 2. TERM A. Initial Term. This Contract shall begin on the date of execution and shall terminate on Date Listed Below. Subsequent to the execution of this Agreement by both parties, the services to be rendered by the Agency shall commence and be completed in accordance with the option selected below. [X ] Services shall commence upon written notice from the Department's Contract Manager and shall be completed by 365 DAYS or date of termination, whichever occurs first. [ ] Services shall commence , 20_, and shall be completed by ,20_ or date of termination whichever occurs first. [ ] Other: See Exhibit "A" B. RENEWALS [ ] This Contract may not be renewed. [X ] This Contract may be renewed on a yearly basis for a period of up to two years after the initial contract or for a period no longer than the term of the original contract, whichever period is longer. Renewals shall be contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds. Any renewal or extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. C. EXTENSIONS. In the event that circumstances arise which make performance by the Agency impracticable or impossible within the time allowed or which prevent a new contract from being executed, the Department, in its discretion, may grant an extension of this Agreement. Extension of this Agreement shall be in writing 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 unless the 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. 2 DCD7-MA1.0 8/15/04 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 of the 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, then 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 payment requirements do not start until a properly completed invoice is provided to the Department. 3 DCD7-MA1.0 8/15/04 I. 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/vendors who may be experiencing problems in obtaining timely payment( s) from a state agency. The Vendor Ombudsman may be contacted at (850) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. J. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period ofthis. Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the project records, together with supporting documents and records, of the Agency and all subcontractors performing work on the project, and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. K. 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 ofthe 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 contracts for periods exceeding one year, but any contract so made shall be executory only for the value ofthe services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. This paragraph shall be incorporated verbatim in all contracts of the department which are in an amount in excess of$25,000 and which have a term for a period of more than one year. 4. INDEMNITY AND SURETYSHIP A. INDEMNITY. To the extent provided bylaw, 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 Clearwater 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 Clearwater and the Department will evaluate the claim and report their findings 4 DCD7-MA1.0 8/15/04 to each other within fourteen (14) working days and will jointly 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 of the 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 and licensed to do business in the State of Florida. Agency shall provide to the Department certificates showing the required coverage to be in effect and showing the Department to be an additional certificate holder. Such policies shall provide that the insurance is not cancelable except upon thirty (30) days prior written notice to the Department. 5. COMPLIANCE WITH LAWS A. The Agency shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Agency in conjunction with this Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. However, upon receipt of any such public records request, the Agency shall immediately, and before releasing such records, notify the Department's Contract Manager. 5 DCD7-MA1.0 8/15/04 B. The Agency agrees that prior to issuing any statements, press or publicity releases concerning this Agreement or its subject matter or otherwise disclosing any of the data or other information obtained or furnished in compliance with this Agreement, or any particulars thereof, the Agency will notify the Department's Contract Manager. Co The Agency shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Contract. D. If the Agency is licensed by the Department of Professional Regulation to perform the services herein contracted, then Section 337.162, Florida Statutes, applies as follows: (1) If the Department has knowledge or reason to believe that any person has violated the provisions of state professional licensing laws or rules, it shall submit a complaint about the violations to the Department of Professional Regulation. The complaint shall be confidential. (2) Any person who is employed by the Department and who is licensed by the Department of Professional Regulation and who, through the course of his employment, has knowledge to believe that any person has violated the provisions of state professional licensing laws or rules shall submit a complaint about the violations to the Department of Professional Regulation. Failure to submit a complaint about the violations may be grounds for disciplinary action pursuant to Chapter 455 and the state licensing law applicable to that licensee. The complaint shall be confidential. (3) Any confidential information submitted to the Department of Professional Regulation shall remain confidential pursuant to Chapter 455 and applicable state law. 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 of this 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 ofthe Department requires such termination. The Department also reserves 6 DCD7"MA1.0 8/15/04 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. Ifthe 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 of 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 ofthe Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D. Ifthe 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. B. Check the appropriate box: [ X ] The following provision is hereby incorporated in and made a part of this Agreement: It is expressly understood and agreed that any articles which are the subject of, or required to carry out this Contract (Agreement) shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the procedures set forth in Section 946.515(2), (4), Florida Statutes; and for purposes of this Contract (Agreement) the person, firm, or other business entity (Agency) carrying out the provisions of this Contract (Agreement) shall be deemed to be substituted for this Agency (Department) insofar as dealings with such corporation. 7 DCD7-MA1.0 8/15/04 The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Available pricing, products, and delivery schedules may be obtained by contacting: PRIDE ENTERPRISES (Attn: Bid Administrator) 12425 28th Street North St. Petersburg, Florida 33716 Telephone: (727) 572-1987 [] This Contract involves the expenditure of Federal funds and hence, Section 946.515, as noted above, does not apply. However, Appendix I is applicable to all parties and is hereof made a part of this Agreement. 8. MISCELLANEOUS A. The Agency and the Department agree that the Agency, its employees, and subcontractors are not agents of the Department as a result of this Contract for purposes other than those set out in Section 337.274, Florida Statutes. B. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. C. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Contract shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. D. It is understood and agreed by the parties hereto that if any part, term or provision of this Contract is by the courts held to be illegal or in conflict with any law of the State of Florida, the validity ofthe remaining portions or provisions shall not be affected, and the rights and obligations ofthe parties shall be construed and enforced as ifthe 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 Section337.19, 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 8 DCD7-MA1.0 8/15/04 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. Attachments. Page A-I through Page A-4: Exhibit "A", Scope of Services Page B-1 Sweeping Locations and Cost Page B-2: Exhibit "B", Method of Compensation IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month, and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Name of Agency By: Authorized Signature Name: Title: By: Director of Operations District Seven ATTEST: (Seal) ATTEST: Executive Secretary (Seal) FOR DEPARTMENT USE ONLY LEGAL APPROVAL AS TO FORM AND LEGALITY AUTHORIZATION RECEIVED FROM COMPTROLLER'S OFFICE AS TO AVAILABILITY OF FUNDS Attorney, Department of Transportation 9 Approved as to form: '''J). . ':>7') I:x~;:{i/ /~ '~.Ifryan~ . RufC' Assistant City Attorney By: Attest: DCD7-MA1.0 8/15/04 CITY OF CLEARWATER, FLORIDA William B. Home II City Manager Cynthia E. Goudeau City Clerk 10 EXHIBIT "A", SCOPE OF SERVICES I. The Agency shall assume the Departments maintenance responsibilities as follows: A. The agency shall perform routine mechanical/vacuum road and bridge sweeping consisting of cleaning and removing sand, soil, paper, glass, cans and other debris from designated areas within the limits ofthe 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 mechanical/vacuum 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 Departments District 7 Lane Closure Guide. Sweeping shall include 23 miles on various state roads in Pinellas County. C. All roadway sweeping operations shall follow the safety guidelines established in the Departments 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 mechanical/ vacuum sweeper is used on the roadway it shall have a SLOW MOVING VEHICLE 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 of the 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 A-I conformance with Section 6E-8 and 6E-9 of the MUTCD. In addition, the shadow truck shall be equipped with an Attenuator System (approved crash cushion system) designed for installation at the back ofthe vehicle. The foregoing requirements are to be considered as minimum and the Agencies compliance with these recommendations shall in no way relieve him of final responsibility for providing adequate traffic control devices for the protection of employees and public throughout the work areas. All sweeping shall be accomplished with or in the same direction as the traffic. Sweeping against or opposing the traffic SHALL NOT be permitted. D. All safety devices on the sweeping operation equipment shall be inspected by the Engineer or his representative prior to being placed into service for this contract. Any deficient safety devices shall be corrected or replaced immediately and service shall not begin until the deficiency is corrected. The mechanical road sweepers shall have a capacity of at least 7 yards cubed and shall be equipped with the required safety devices listed under Section The shadow truck or attenuator truck shall weigh a minimum of 10,000 pounds and shall be equipped with the required safety devices listed under Section C. Use truck mounted attenuators rated at 43 mph or 62 mph design speeds, Base utilization of TMAs on the posted speed limit. Restrict a TMA rated for 43 mph to use on roadways with posted speed limits of 43 mph or less and prohibit from use on freeways. A TMA rated for 62 mph may be utilized on all freeways or roadways with posted speed limits greater than 43 mph. Equip the TMA cartridge with lights and reflectors in compliance with applicable Florida motor vehicle laws, including turn signals, dual taillights, and brake lights. Ensure that lights are visible in both the raised and lowered positions if the unit is capable of being raised. Ensure that the complete unit is painted DOT yellow (Fed. Std. 595 b, No. 13538). Stripe the rear facing of the cartridge in the operating position with the alternating 6 inches white and 6 inches safety orange 45E striping to form an inverted "V" at the center of the unit and slope down and toward the outside of the unit, in both directions from the center. The bottom of the cartridge shall have the same pattern, covering the entire bottom, with 6 inches white and 6 inches safety orange stripes. Use Type III reflectorized sheeting for striping. Obtain certified test reports from the TMA manufacturer showing the attenuator meets all requirements set by the National Cooperative Highway Research Program, Report 230. Certification shall include drawings and calculations A-2 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 mechanical/ vacuum 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 normal 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 Departments 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. Sweeping paved shoulders, curbs and gutters, highway interchange ramps, barrier A-3 walls, gore areas and curbed areas of bridge decks and other designated areas measured in miles. Sweeping and complete removal of build-up areas and accumulated debris for the initial cycle, measured in lane kilometers. Lane miles shall mean all areas where sweeping is to be accomplished measured longitudinally, i.e., as to cover the ENTIRE WIDTH of paved median and outside shoulders, additional payment will be made for areas where more than one sweeping pass is required. II If at any time after the Agency has assumed the aforementioned maintenance responsibilities it shall come to the attention of the Departments District Secretary for District Seven that the right-of-way as identified in Attachment "A", or any part thereof, is not properly maintained pursuant to the terms of this Agreement, the District Secretary, may at this option, issue a written notice that a deficiency or deficiencies exist(s) by sending a certified letter in care of City Manager, City of Largo. Thereafter, the Agency shall have a period of (30) calendar days within which to correct the cited deficiency or deficiencies. If said deficiency or deficiencies are not corrected within this period, the Department may at its option, proceed as follows: A. Maintain the areas covered under this Agreement or any part thereof, with Department or private agency forces at the Agencies cost; or B. Terminate Agreement in accordance with Paragraph VI and maintain all of the areas covered under this Agreement by Department of private agency forces. III It is understood between the parties hereto that the maintenance areas 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 other wise changed to meet with future criteria or planning of the Department. The Agency shall be given sixty (60) calendar days notice to adjust their maintenance. Thereafter the Agency shall have period ofthirty (30) calendar days within which to corrected the cited deficiency or deficiencies. If said deficiencies are not corrected within this period, the Department may at its option, proceed as follows: A-4 CLEARWATER MOA SWEEPING LOCATIONS & DOLLAR COST 15010 595 19.458 21.212 2 3.508 $44.50 $156.11 15007 651 1.535 3.798 2 4.526 $44.50 $201.41 15040 60 4.552 5.803 2 2.502 $44.50 15040 60 0.859 1.224 2 0.730 $44.50 $32.49 15050 590 2.298 2.881 2 0.777 $44.50 $34.58 15050 590 1.570 1.888 2 0.636 $44.50 $28.30 15050 590 2.298 2.881 2 0.777 $44.50 $34.58 Clearwater j ';;;';;'T~t;r;;;;;:;::":::<:":":~;;::;:::::"::';;:";;;"::;=;;;::::";;'::;="':;="=--';="'::""""::::-13:456":;;::s44::so=""T"$59s:'79" ;;:'''''''''''':::;;;;:::=::''':;':':::::''''''':::::':''$15:568:S9,;:1 Per/Cycle B-1 EXHIBIT "B", METHOD OF COMPENSATION AND LOCATIONS I. The Department agrees to pay the City of Clearwater $15,568.59 annually for the maintenance performed hereunder, provided, however, that such maintenance is performed and completed pursuant to the terms and standards set forth herein. Payment will be made only on completed and signed off work orders. B-2 Clearwater Beach "" Cit( Redington Bead; Madeira Beach Treasure Island South Pasadena ~ ..., /L .J /.J3 \ '-">... l'iar.~o.n Springs ~ ( Section 15050 SR 590 Sweeping Citrw Redington Bead; Madeira Beach Treasure Island South Pasadena \i ..., !- I .I E ( B or-- llar:po,n Springs J ~ r Section 15010 SR 595 Sweeping Citrw Redington Bead; Madeira Beach Treasure Island South Pasadena \i / /.J3 Section 15007 SR. 651 Sweeping ")tlj' ' r- I 'I I :"~. I m(l(!~ .~~ ter J ~ieiPs ~ c\. { ~ ~ _ I lor [ F ran~~ ' fr~~~li '~[]-j ~o.Y-ti!Sf :( -L St=- it,t J:?l. r=, ''3 :or (t)...- 1 -l-H =-:I-~ I " ,1.1 I -~ 5."-.-J- ~ (- ~[~ m" Ma Lion:s ~.. ~ +- 1:5" ~ -Po:> '.t; m f{J II~ "" ,or t- r ~[1 Rd E _ IL \l;I .:r Ir::(LrY;"(ater e;l- ~ -"g'-~ _ ..., ~_ I ~c splta I - I. J U ~ tr m -l~-~.;1=6- ,- ,r .. Q~rtI~ St .a-o ~ .11 nellas ~ I~_U r. 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""""""'" --- --Bvd Clearwater Beach I" ..... Palm H'arbor \ .. Curlew Cit( Section 15050 SR 590 Sweeping Redington Beacfi Madeira Beach Treasure Island South Pasadena ~ ..., /t (I ~ ":;""'I~li~JPort?prings d;"~:f {:). t t t "./ \ ,,,,~~,,~,~-;.;,,,,~ "'~~~'~w'",..~.flil~r;7<~'!";!'";--'~\ "~~ j.' .: ~ f:" ~. .-. , -- 'J // i i' ,/) .~ "':.'-:i .:~' Section 15040 SR 60 Sweeping Ji"'- i"i';J' }) Citru~ . 'lt~,- , --, \ ~ "-...., 'i I t'~ !I l~* / /,/' ~ "- , :'\ ;~'~i ~ t~rp o,rJ,.,.~ P ri n g s I,r; i F" i~;1 """"""A'~,;";ry,,,.," .l;~;>{T' (( \~ i,) ~ , Cit'ju~ . 'rY'~.~.,,, . \ !!f1, ~ "~ '~""', "'.~~ )i Section 15040 SR 60 Sweeping - 1 1\ ,., 1 I .i/. 'I . "'I .,'''W J~ I,l... '~ ICurlew '..'~ ;, / "A " ~, I V 4--. 0 ) ~\. if ) I . Z;::'~'; ~sm ar ~:,~/u~~edln .. ::1 t;~~~~, (11 ff )1' ";- ',,! '. ,\ 'i' "'~ \ ~ JLr,S'afety H~r~ol1' Clearw'ater (~) f .. ,{:--- , '\ Redington Beacfi"'\ :::\ " \.~ ". ,/t- .- ./' 'r1~' " n ( .I';f , AI.:i .,if'