06-54
RESOLUTION NO. 06-54
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA AUTHORIZING THE EXECUTION OF A
CONTRACT RENEWAL OF THE 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, FIN Project
No. 42193917201, 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, FIN Project No. 42193917201 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 2nd day of November
,2006.
4.-,//~
F-rank V. Hibbard
Mayor
Approved as to form:
c::- 0 ~ (if2- C .P ,r
Carlos F. Co on
Assistant City Attorney
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Contract No.
FIN Project No. 42193917201
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
MAINTENANCE AGREEMENT
STANDARD AGENCY FORMAT
BY THIS AGREEMENT, made and entered into this _ day of , 20_, 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 Municipal Corporation, hereinafter called "Agency", hereby agree as follows:
1. SERVICES AND PERFORMANCE
A. In connection with Perfonninf Roadwav Sweeping on the Primary Roadwav
systems within the city limits of Clearwater. Pinellas County. Florida, 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 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 of tracings, 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 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 City of St. Petersburg, Florida, P.O. Box
2842 St. Petersburg, Fl. 33731-2842
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"
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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 of this Agreement. The Director's decision upon all claims,
questions and disputes shall be final and binding upon all parties. Adjustments of
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 of the 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.
[Xl Services shall commence upon written notice from the Department's Contract
Manager and shall be completed by 365 DA YS 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
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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.
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 "C" 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 pre audit and post audit 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 the Agency because
of Agency preparation errors will result in a delay in the payment. The invoice
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payment requirements do not start until a properly completed invoice is provided to
the Department.
1. 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 of this
Agreement and for three years after fmal 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 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 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. 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.
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4, INDEMNITY AND SURETYSHIP
A. INDEMNITY. To the extent provided by law, the Agency 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 Agency, its agents, or employees,
during the performance of the Agreement, except that neither the Agency, 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 Agency in the performance of services required under this
agreement, the Department will immediately forward the claim to the Agency_and
the Department will evaluate the claim and report their findings 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 Agency in the defense of the claim or to require
that the_Agency defend the Department in such claim as described in this section.
The Department's failure to promptly notify the Agency 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 Agency. The Department and the Agency 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 of this 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.
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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. The 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. CO~LMNCE~THLAWS
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.
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.
C. 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
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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. The 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. The 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. The 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 Agreement 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 Agreement may be
canceled by the Agency ol;lly 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 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 of the 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. 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
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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
The Agency shall not sublet, assign or transfer any work under this Agreement
without the prior written consent of the Department.
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
Agreement 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 Agreement is by the courts held to be illegal or in conflict with any law of the
State of Florida, the validity of the remaining portions or provisions shall not be
affected, and the rights and obligations of the parties shall be construed and enforced
as if the Agreement 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, the Agency
and the Department agree that venue shall be governed by Section 337.19, Florida
Statutes.
G. Attachments.
Page A-I through Page A-4:
Exhibit "A", Scope of Services
Page B-1
Exhibit "B", Sweeping Locations & Quantities
Page C-I:
Exhibit "C", Method of Compensation
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IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized
officers on the day, month, and year fIrst above written.
SEE ATTACHED SIGNATURE PAGE FOR
CITY OF CLEARWATER
Name of Agency
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
Authorized Signature
Name:
Title:
By:
Director of Operations
District Seven
ATTEST:
(Seal)ATIEST:
Executive Secretary
(Seal)
FOR DEPARTMENT USE ONLY
LEGAL REVIEW
AUTHORIZATION RECEIVED FROM
COMPTROLLER'S OFFICE AS TO
AVAILABILITY OF FUNDS
Attorney, Department of Transportation
A:\REVlSION.ONE
9
City of Clearwater signature page for
Maintenance Agreement w/FDOT for
Roadway Sweeping
FINA Project No. 42193917201
Countersigned:
CITY OF CLEARWATER, FLORIDA
Frank V. Hibbard
Mayor
By:
William B. Horne II
City Manager
Approved as to form:
Attest:
~--,~~
Carlos F. Col6n
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
" I
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 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, inlet grates, inlet throats, 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 of 7:00 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 (22.364) 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 VElllCLE 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 of the
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 "C".
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 ofTMAs 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
A-2
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
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 of these 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. Costinvolved
with the disposal of debris shall be included in the contract unit price(s).
STOCKPILING OF DEBRIS ON TIlE 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 (]J
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 miles. 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.
I. If at any time after the Agency has assumed tEe aforementioned maintenance
responsibilities it shall come to the attention of the Department's 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 issue a written notice that a deficiency or
deficiencies exist(s) by sending a certified letter in care of City Manager. City of
Clearwater.
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. Assess the Agency costs, if any, incurred by the Department to
maintain the areas covered under this Agreement with Department or
private agency forces, 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.
J The Department recognizes that the Agency must comply with Section 166.241,
Florida Statutes, Article vn of the Florida Constitution and Section 2-132 of the
City Code. This Agreement shall not be construed to modify in any way, the
Agency's obligations under the statute, constitution and ordinance.
K 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 otherwise 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.
A-4
EXHIBIT "B" SWEEPING LOCATIONS AND QUANTITIES
PAY ITEMS
....:m~~OfkN6/ .
E110~31
........;';;!"~~~rJption
Roadway Sweeping (Mechanical)
;AmQ.ynf ".
$ 40,876.94
Sweeuin2: Cvcle Miles and Locations
651 Missouri Ave / 2 1.535 70.30 318.18
Court St
15025 595 M)Tt1e Ave 2 0.000 1.585 5.410 70.30 380.32
15040 60 Gulf-to-Bay 2 4.552 5.803 2.502 70.30 175.89
Blvd
15045 60 Clearwater Mem. 4 0.167 0.836 3.184 70.30 223.84
Bridge
15045 60 Chestnut St 4 0.836 1.697 2.678 70.30 188.26
15045- 60 Court St 4 0.000 0.595 1.874 70.30 131.74
101
15050 590 Drew St 2 1.570 1.888 0.636 70.30 44.71
15050 590 Drew St 4 2.298 2.881 1.554 70.30 109.25
1,572.19
26
",'-'':-- 40,876.94
LOCATION MAP
", .
EXHIBIT "c" MEmOD OF COMPENSATION
A. The Department agrees to pay the Contractor $ 40.876.94 annually for
maintenance performed hereunder, provided, however, that such maintenance is
performed and completed pursuant to the terms and standards set forth herein.
Payment will only be made on completed and signed off work orders.
C-l