2011-04 DOT/City Agreement/Roadside Maint.•
RESOLUTION NO. 11 -04
A RESOLUTION OF THE CITY OF OKEECHOBEE,
FLORIDA, AUTHORIZING THE EXECUTION AND
ACCEPTANCE OF A MAINTENANCE AGREEMENT
(REGARDING MAINTENANCE OF TRAFFIC, ROADSIDE
MOWING, ROADSIDE LITTER REMOVAL, ROAD AND
BRIDGE SWEEPING, EDGING AND SWEEPING) WITH THE
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Okeechobee (CITY), Florida, is very concerned
over the appearance of street right -of -ways, sidewalks, medians islands, and
interchange areas within the corporate limits of the City of Okeechobee; and
WHEREAS, the CITY, after discussion with the State of Florida Department of
Transportation (FDOT), believes that it can better perform the maintenance and
landscaping of those areas; and
WHEREAS, the FDOT has agreed to provide funds in the amount of ten thousand, five
hundred forty -two dollars and sixty -three cents ($10,542.63) for a period of three
years; and may be renewed for an additional three years; and
WHEREAS, the CITY believes such an agreement to be in the best interest of the citizens
of the City of Okeechobee.
NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City:
1. The Mayor is authorized to execute an agreement entitled "Maintenance
Agreement" FM No: 423880- 1- 78 -01, between the CITY, and FDOT.
Agreeing to maintenance of traffic, roadside mowing, roadside litter removal,
road and bridge sweeping, edging and sweeping as set out in said
agreement, attached herewith, within medians islands, interchange areas
and rights -of -way, in exchange for the payment of ten thousand, five hundred
forty -two dollars and sixty -three cents ($10,542.63) annually. Payments shall
be invoiced by the CITY to FDOT, and disbursed in three quarterly payments
of two thousand, six hundred thirty -five dollars and sixty -five cents
($2,635.65) and one quarterly lump sum payment of two thousand, six
hundred thirty -five dollars and sixty -eight cents ($2,635.68). This contract
shall be for the term of three years and may be renewed for an additional
three years, contingent upon satisfactory performance evaluations by the
FDOT.
INTRODUCED AND ADOPTED by the City of Okeechobee s • 1 day of
June, 2011.
ATTEST:
iotea, C, City Clerk i
REVIEW D=FOR LEGA $UF CIENCY:
John R. Cook, City Attorney
Resolution No. 11 -04 Page 1 of 1
James E. Kirk, Mayor
Contract No.: .6 A/ ( gI
FM No.: 414802-1-72-01
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
MAINTENANCE AGREEMENT
This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the
"DEPARTMENT", and CITY OF OKEECHOBEE hereinafter referred to as the
"AGENCY".
WITNESSETH
WHEREAS, the AGENCY has the authority to enter into said Agreement and to undertake
the project hereinafter described, and the DEPARTMENT has been granted the authority to
function adequately in all areas of appropriate jurisdiction and is authorized under Section 334.044
F. S. to enter into this Agreement; and
WHEREAS, the AGENCY by Resolution No. n4-n a dated the 1st day of
June 2004 a copy of which is attached hereto and made a part hereof, has authorized
its officers to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein, the parties agree as follows:
1-SERVICES AND PERFORMANCE
A. The DEPARTMENT does hereby retain the AGENCY to furnish certain services as
described in EXHIBIT A, attached hereto and made a part hereof.
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.
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C. 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.
D. 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 One, or authorized designee.
2-TERM
A. This Agreement has a term of one (1) year, which shall commence immediately
following the execution of this Agreement by the DEPARTMENT.
B. Subject to mutual agreement of the parties, this contract may be renewed on a
yearly basis for a period of up to two (2) 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. The DEPARTMENT's
performance and obligation to pay under any such renewal is contingent upon an annual
appropriation by the Legislature. 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. The services to be rendered by the AGENCY shall commence, subsequent to the
execution of this Agreement, upon written notice from the DEPARTMENT's Project Manager
and shall continue until such time as described in EXHIBIT A, unless terminated in accordance
with paragraph 6 of this Agreement.
3-COMPENSATION AND PAYMENT
A. The DEPARTMENT agrees to pay the AGENCY for the herein described services
at a compensation as detailed in EXHIBIT A attached hereto and made a part hereof. The
DEPARTMENT shall have the right to retain out of any payment due the AGENCY under this
Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by
the AGENCY on any other Agreement between the AGENCY and the DEPARTMENT.
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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 Agreement involves units of deliverables, then such units must be received
and accepted in writing by the DEPARTMENT's 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 by this Agreement shall be
submitted and paid in accordance with Section 112.061, Florida Statutes.
G. 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 in
accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to
the invoice amount, to the AGENCY. Interest penalties of less than one (1) dollar will not be
enforced unless the AGENCY requests payment. Invoices which have to be returned to an
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.
1. A Vendor Ombudsman has been established within the Department of Banking and
Finance. The duties of this individual include acting as a advocate for contractors/vendors who
may be experiencing problems in obtaining timely payments(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 410-9724 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 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
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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 Agreement is contingent upon an annual
appropriation by the Legislature.
L. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, Florida
Statutes, for Category Two for a period of 36 months from the date of being placed on the
convicted vendor list.
4-INDEMNITY AND INSURANCE
A. INDEMNITY. AGENCY agrees, to the extent allowed by Section 768.28 F. S.,
that it will indemnify, defend, and hold harmless DEPARTMENT and all of DEPARTMENT's
officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out
of any acts, actions, neglect or omission by AGENCY, its agents, employees, or subcontractors
during the performance of this Agreement, whether direct or indirect, and whether to any person
or property to which DEPARTMENT or said parties may be subject, except that neither
AGENCY nor any of its subcontractors will be liable under this section for damages arising out of
injury or damage to persons or property directly caused or resulting from the negligence of
DEPARTMENT or any of its officers, agents, or employees.
B. LIABILITY INSURANCE. 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 $100,000 per person and $300,000 each occurrence, and property
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damage insurance of at least $100,000 each occurrence, for the services to be rendered in
accordance with this Agreement. In the alternative, the AGENCY may satisfy the requirements of
this paragraph by providing to the DEPARTMENT written evidence of being self-insured.
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. In the alternative, the AGENCY may satisfy the requirements of this
paragraph by providing to the DEPARTMENT written evidence of being self-insured.
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.
B. 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 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 upon (60) days
written notice to the DEPARTMENT.
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
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such termination, with instructions 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 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-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 Agreement 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. Attachments. All exhibits and attachments are made a part of this Agreement.
EXHIBIT "A"
ATTACHMENT "A"
ATTACHMENT "B"
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IN WITNESS WHEREOF, the AGENCY has caused this Agreement to be executed in its
behalf this lstday of June ~ 2004 , by the Mayor authorized to
enter into and execute same by Resolution Number 04-04
dated June 1, 2004
_and the DEPARTMENT has executed this Agreement through its District Secretary for District
One, Florida Department of Transportation, this day of
AGENCY
i
ATTEST: r. (SEAL)
gnature
NAME: bar~~miotea
Print
BY:
Signature
NAME: James E. Kirk
Print
TITLE: City Clerk
TITLE: Mayor
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
l
ATTES • BY:
Executive Secretary ict One Secretary or Designee
NAME: '
Print
DOT Distri a• c ngmeer
Approv
Signature
DATE:
NAME:
Print
DOT Legal Review:
Prxd Sig. re
Availability of Funds Approval:
DATE: 5t5 IbJ4-
7
EXHIBIT "A"
1 - TERM
The services to be rendered by the Agency shall commence, subsequent to the execution of
this Agreement, upon written notice from the Department's Project Manager ("Notice") and shall
continue for 1 one year from the date of said Notice.
2 - COMPENSATION
The Department agrees to pay the Agency for services rendered in accordance with this
Agreement. A lump sum payment will be made in the amount of 11,Z28.32 (Seven Thousand
Two Hundred Twenty-Eight & 32/100 Dollars) per quarter for a total of $ 28,913:28 Twen -
Eight Thousand Nine Hundred Thirteen & 28/100 Dollars) per year.
3- LOCATION AND DESCRIPTION OF MAINTENANCE ACTIVITIES TO BE
PERFORMED.
SEE ATTACHMENT "A" attached hereto and made a part hereof.
Pa
Item
A
ti
i
y
Number
E104 4 4
c
v
ty
Number
484
Description
Units
Quantitiy
Price Per
Unit
Cycles Total
Per Year Cost
E110 30
541
Mow Int
Acres
4.2
$63.60
12 $3,205.44
E110 31
543
Litter
Acres
4.2
$25.00
12 $1,260.00
E110 32 1
545
Sweep Mech
Mile
14.2
$84.80
12 $14,449.92
Edge/Sweep
Mile
2.62
$318.00
12 $9,997.92
Total Yearly Cost $28,913.28
Quarterly Payment $7,228.32
ATTACHMENT "A"
LOCATION DESCRIPTIONS
CITY OF OKEECHOBEE MAINTENANCE AGREEMENT
Location No. 1
Section: 91070, SR 70
Description: Within Corporate Limits of the City of Okeechobee
From: Mile Post 8.580
To: Mile Pest 10 145
Pa Ite
A
i
i
m
E104 4 4
ct
v
48
Description
Measure
Units/Act
C cles/Yr
Cost/Unit
Total Cost
E110 3 0
4
541
Int Mow
Acres
0.87
12
$ 63.60
$ 663.98
E110 3 1
543
Litter Rem
Acres
0.87
12
$ 25.00
$ 261.00
E110 32 1
545
S Mech
Miles
3.5
12
$ 84.80
$ 3,561.60
Ed e/S
Ed a Mi
1.33
12
$318.00
$ 5
075
28
Location
Total
,
.
$ 9,561.86
Location No.
2
Section:
91070, SR 70
Description:
Okeechobee County Section
From:
Mile Post 10.345
To:
Mile Post 10.599
Pa Item
Activity
Description
Measure
E1103 1
543
Swp Mech
Miles
Location No. 3
Units/Act C cles/Yr
1.0 12
Location
Cost/Unit
Total Cost
$ 84.80
$1,017.60
Total
$1,017.60
Section: 91020, US 441/SR 15
Description: Within Corporate Limits of the City of Okeechobee
From: S.W. 23rd Street Mile Post 1.626
_
Description
- -.1
Measure
J1
Units/Act
C cles/Yr
Int Mow
Acres
3.33
12
ff
Litter Rem
Acres
3.33
12
S Mech
Miles
6.3
12
Ed e/S
Ed a Mi
1.29
12
Location
Location No. 4
Section: 91020, US 441/ SR 15
Description: Okeechobee County Section
From: S.W. 23rd Street Mile Post 0.000
To: SR 78 Mile Post 1.626
Pa Item Activity Descri tion Measure Units/ Act
E1103 1 543 S Mech Miles 3.4
Cost/Unit
Total Cost
$ 63.60
$ 2,541.46
$ 25.00
$ 999.00
$ 84.80
$ 6,410.88
$318.00
$ 4,922.64
Total
$14,873.98
cles/Yr Cost/Unit Total Cost
12 $ 84.80 $3,459.84
Location Total $3,459.84
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ATTACHMENT "B"
SECTION ME102
MAINTENANCE OF TRAFFIC
(REV. 10/29/03)
The work specified in this Section will be governed by Section 102 of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction and revisions thereto current at
the time of contract letting, except as amended by the following:
Subarticle 102-11.15 (Page 114) is deleted and the following substituted:
102-11.15 Changeable (Variable) Message Sign: The quantity to be paid for will be the number
of changeable (variable) message signs certified as installed/used on the project on any calendar day or
portion thereof within the contract time.
Article 102-12 (Pages 115 and 116) is deleted.
Subarticle 102-13.23 (Pages 118-121) is deleted and the following substituted:
Payment will be made under the items specified in the Bid Price Proposal.
Article 102-13 (Pages 116-121) is expanded by the addition of the following new
subarticles:
102-13.24 When No Separate Item is Shown in the Proposal: When the proposal does not
include a separate pay item for Maintenance of Traffic, all work and incidental costs specified as being
covered under this Section will be included in the contract unit price for the work being performed an
d no
separate payment will be made.
102-13.25 Partial Payment: When the proposal includes a separate pay item for Maintenance of
Traffic - Lump Sum, partial payment will be based on the percentage of contract amount earned for work
completed and accepted by the Department.
SECTION ME104-40
ROADSIDE MOWING
(REV. 07-31-01)
ME104-40-1 Description.
The work specified in this Section consists of the routine mowing of grass or vegetation in
roadside areas with conventional mowing equipment. The use of specialized equipment or hand labor may
be required to perform specified work in certain areas or during certain times. Vegetation consists of
planted and/or natural grasses, weeds, and other vegetation within the area to be mowed.
The Contractor shall furnish a complete proposal of his plan for accomplishing the required work,
including a list of the equipment and personnel to be utilized, prior to execution of the Contract.
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ME104-40-2 Types of Mowing Areas.
The Engineer shall determine the areas to be cut and type of mowing to be accomplished in each.
All hand labor required to perform the specified work around appurtenances shall be incidental to
the type of mowing being performed. Appurtenances shall include but not be limited to sign post and
bases, delineator post, fences; guardrail, barrier walls, end walls, pipes, drainage structures, poles, guys,
mail boxes, landscaped areas, and trees.
ME10440-2.1 Large Machine Mowing: Large machine mowing encompasses the routinely
mowed areas of shoulders, front and back slopes that are 3 horizontal to 1 vertical or less, roadside ditch
bottoms, large median islands and similar areas conducive to the use of large machine mowing equipment.
ME10440-2.2 Slope Mowing: Slope mowing is generally limited to slopes greater or steeper
than 3 horizontal to 1 vertical and are relatively inaccessible to the use of conventional style equipment,
e.g., steep slopes, wet roadside ditch bottoms, canal banks, intersections, overpasses, etc. These type areas
will require the use of specialized equipment designed for slope mowing.
ME104-40-2.3 Intermediate Machine Mowing: Intermediate machine mowing shall consist of
mowing areas not accessible by large machine mowing equipment but not conducive to the use of small
machine mowing equipment. These areas consist of shoulders, roadside ditch bottoms, raised median
islands, various width utility strips, and similar areas.
ME10440-2.4 Small Machine Mowing: Small machine mowing shall consist of mowing areas
not accessible by large and intermediate machine mowing equipment. These areas consist of narrow
shoulders, landscaped shoulders, narrow roadside ditch bottoms, raised landscaped median islands, narrow
width utility strips, and similar areas.
ME104-40-3 Frequency of Mowing.
The area and limits of mowing have been previously established and are distinguishable in the
field. Where landscaping has been established or natural landscaping has been preserved, mowing shall
conform to the established mowing contours. The Contractor shall mow up to the limits maintained by the
Department and around existing appurtenances located within the roadway right-of-way as directed by the
Engineer.
The Engineer shall determine the type of mowing, the estimated number of acres to be
accomplished within a specified number of calendar days (cycle), when to begin each mowing cycle, and
the total number of cycles. The Contractor shall complete each cutting cycle within n/a calendar days
of beginning the cycle, weather permitting. The approximate number of cycles for each type of mowing
shall be as follows:
Large Machine Mowing n/a cycles ( n/a minimum cycles)
Slope Mowing n/a cycles ( n/a minimum cycles)
Intermediate Machine Mowing 12 cycles ( n/a minimum cycles)
Small Machine Mowing n/a cycles ( n/a minimum cycles)
Wildflower plots shall be mowed approximately n/a times per year. Wildflower plots or
naturally occurring wildflowers shall be avoided when in bloom and when re-seeding. No deduction will
be made from the pay quantities for any one wildflower area not mowed, unless it exceeds 1 acre in extent.
Quantities shall be agreed upon prior to beginning work in any area in question.
ME10440-4 Equipment.
All mowing equipment shall be equipped with a slow moving vehicle sign located on the rear of
the tractor, amber flashing light or white strobe light mounted on the tractor and operating, 18 inch X 18
inch fluorescent orange warning flags mounted on each side of the rear of the mower, protective devices on
the mower to prevent objects from being thrown into traffic, and safety devices installed by the
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manufacturer. Safety devices shall be properly installed and maintained at all times the equipment is in
use.
If the Engineer determines that any equipment is deficient in safety devices, the Contractor shall
remove the equipment from service immediately and the equipment shall remain out of service until the
deficiency is corrected to the satisfaction of the Engineer. Inspection of the Contractor's equipment by the
Engineer shall not relieve the Contractor of responsibility or liability for injury to persons or damage to
property caused by the operation of the Contractor's equipment, nor will it relieve the Contractor of the
responsibility to meet the established time for the completion of the mowing cycle.
Mowing equipment used by the Contractor shall be maintained so as to produce a clean, sharp cut
and uniform distribution of the cuttings at all times. The mowing equipment used shall have the capability
of cutting a height from 4 inches to 12 inches.
The Contractor shall furnish equipment of a type and quantity to perform the work satisfactorily
within the time specified herein.
ME104-40-5 Method of Operation.
The Contractor shall not begin any cutting cycle until authorized by the Engineer in writing.
The Contractor shall notify the Engineer when a cycle is started and when work is interrupted for
any reason.
Prior to beginning work on the first cycle, the Engineer and Contractor shall agree upon a pattern
or plan for mowing. Subsequent cycles shall follow the pattern adopted for the first cycle.
Mowing of shoulders and medians shall progress concurrently within the limits of the area mowed
so that not more than 1 mile will be left partially mowed at the conclusion of the working day. The cutting
of grass and vegetation on slopes or around appurtenances using hand tools shall also progress
concurrently with the mowing operation.
Each cutting cycle is to be completed in its entirety prior to beginning another cycle.
When work by State forces, other Contractors, or weather conditions of a temporary nature,
prevent the Contractor from cutting any areas, and such conditions are eliminated during the period
designated for that mowing cycle, the Engineer may require the Contractor to cut these areas as part of the
cycle without penalty for exceeding the time allowed or additional compensation.
Grassed areas saturated with standing water to the point standard mowing equipment may not be
used without excessive damage to the turf, shall not be mowed. At the Engineer=s discretion, the areas
shall be mowed during a subsequent cycle, or cut to the surface of the water using hand labor or other
specialized equipment. The Contractor may request additional compensation for alternate methods used to
cut wet areas (as specified in Subarticle 104-40-9). Quantities shall be agreed upon prior to beginning
work in any area in question. No deduction will be made from the pay quantities for any one area
authorized by the Engineer to remain un-mowed during a cycle unless it exceeds 1 acre in extent.
Prior to mowing, the Contractor shall be responsible for the pickup, removal and disposal from the
right-of-way of any large items such as wood, tires, cans, bags of trash, newspapers, magazines, large
boxes, etc., that would be torn, ripped, or scattered by the mower and result in an objectionable
appearance.
The Contractor shall exercise the necessary care to preclude any source of litter by the Contractor's
operation.
ME104-40-6 Limitation of Operation.
Maintenance of traffic shall be in accordance with Section 102. When mowing within 4 feet of the
travel-way (travel lane), the equipment shall be operated in the same direction of the traffic, unless the
adjacent lane is closed to traffic. All lane closures shall have the prior approval of the Engineer. Mowers
may operate in either direction when mowing 4 feet or more from the travel-way.
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Any equipment left on the right-of-way overnight shall be parked outside the clear zone, except in
median areas where no equipment will be permitted to be parked overnight.
All service and supply operations shall be conducted between the travel-way and the right-of-way
line and be outside the clear zone. No supply vehicles shall enter the median for any purpose. No service
vehicle shall enter the median except when necessary to repair or remove inoperable equipment.
All work shall be performed during daylight hours.
The foregoing requirements are to be considered as minimum and the Contractor's compliance
shall in no way relieve the Contractor of final responsibility for providing adequate traffic control devices
for the protection of the public and employees throughout the work areas.
ME104-40-7 Quality.
Completed areas will be reviewed for quality and acceptance by the Engineer. Areas determined
to be unsatisfactory, by the Engineer, shall be re-mowed at no additional cost to the Department. Areas
requiring re-mowing shall be completed within the cutting cycle time specified in Subarticle 104-40-3.
All grass and vegetation shall be cut to a height of 6 inches +/-1/Z inch. When determined by the
Engineer, certain areas, due to location, may be cut to a height of 4 inches % inch.
No streaking or scalping shall be allowed in the areas mowed. Mowing areas of different widths
shall be connected with smooth flowing transitions. No accumulation or piling of cuttings will be allowed
as a result of cleaning of the equipment.
The height of all grass and vegetation on slopes or around appurtenances when cut using hand
tools shall be cut to the same height and quality as the surrounding mowed area.
Negligence by the Contractor that results in damage to turf, curbs, sidewalks, pavement, signs or
structures, mail boxes, appurtenances, etc. shall be repaired or replaced by the Contractor to the
satisfaction of the Engineer at no additional cost to the Department. Repairs shall be completed prior to
submission of the Contractor--s invoice for work accomplished during the cycle.
The Contractor is not required to remove grass or other vegetation cuttings from the right-of-way,
or required to rake or pick up the cuttings.
ME104-40-8 Method of Measurement.
The quantities to be paid for under this Section shall be the number of acres completed by the
Contractor and accepted by the Engineer.
ME104-40-9 Basis of Payment.
Additional compensation for hand labor or the use of specialized equipment in cutting wet areas
shall be included under Item No. E104-4-2 (M104-4-2) Slope Mowing.
Payment shall be full compensation for furnishing all equipment, materials, labor, and incidentals
necessary to complete all mowing operations specified. The Contractor shall be compensated at the unit
price per acre times the actual acres completed and accepted.
Payment will be made under the items specified in the Bid Price Proposal.
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SECTION ME110-30
ROADSIDE LITTER REMOVAL
(REV. 07-31-01)
ME110-30.1 Description.
The work specified in this Section consists of the pickup, removal, disposal of litter, and otherwise
undesirable or objectionable appearing debris within the maintained limits of the highway right-of-way.
Litter or debris may consist of varied sizes of bottles, cans, paper, tires, tire pieces, lumber, vehicle
parts, metal junk, brush, and other items to be removed under this work.
ME110-30.2 Frequency of Removal.
The Engineer will determine when to begin each pickup. Areas or portions of areas may be
increased or decreased, as determined by the Engineer. The total number and the timing of pickup will
depend upon the litter conditions that exist. Areas specified as litter removal areas shall be picked up
approximately 12 times. The actual number of litter pickups maybe increased or decreased, as
determined by the Engineer, due to the intensity of litter or special events. The Contractor shall be
compensated for the appropriate designated acres.
The Contractor shall complete each litter removal cycle within n/a calendar days of beginning
the cycle, weather permitting as determined by the Engineer.
ME110-30.3 Equipment.
Equipment that is utilized to transport litter shall be constructed in a manner to preclude further
distribution or loss of litter along the roadway. All open top carriers shall be covered and secured with
tarpaulins.
The Contractor may submit a written request for approval, to the Engineer, for the use of
specialized equipment designed for mechanized removal of litter and debris. The Engineer may require the
Contractor to establish, at the Contractor's expense, satisfactory results that the specialized equipment will
produce quality litter removal. The Engineer may require additional safety devices or precautions unique
to the equipment.
Equipment that damages curbs, pavement, or turf shall not be allowed.
ME110-30.4 Limitation of Operation.
Any equipment left on the right-of-way overnight shall be parked outside the clear zone, except in
median areas where no equipment will be permitted to be parked overnight.
All service and supply operations shall be conducted between the travel-way and the right-of-way
line and be outside the clear zone. No supply vehicles shall enter the median for any purpose. No service
vehicle shall enter the median except when necessary to repair or remove inoperable equipment.
No work shall be permitted during non-daylight hours.
When performing litter pickup operations workmen shall wear orange clothing of high visibility
such as a vest, shirt, or jacket.
ME110-30.5 Disposal of Litter and Debris.
All litter and debris that has been accumulated and picked up shall be placed in trash bags and
shall be removed from the right-of-way at the end of each working day and disposed of at locations
provided by the Contractor. Disposal of litter and debris shall be made in accordance with applicable local
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and state laws and any cost incurred for disposal shall be the responsibility of the Contractor. Storage or
stockpiling of litter or debris on the right-of-way shall not be permitted.
With each invoice submittal the Contractor shall provide the landfill receipts where the Contractor
disposed all litter or debris.
ME110-30.6 Quality.
Completed areas will be reviewed for quality and acceptance by the Engineer. Areas determined
to be unsatisfactory, by the Engineer, shall be re-cleaned at no additional cost.
Areas shall be cleaned in a manner that they are left reasonably free of all litter and debris. The
Contractor shall not be penalized for litter and debris that may be deposited between the time the work was
completed and the time when the work is approved by the Engineer. However, the Engineer's judgment
when evaluating completed work shall be final.
ME110-30.7 Method of Measurement.
The quantities to be paid for under this Section shall be the number of acres of roadside cleaned
and accepted.
ME110-30.8 Basis of Payment.
Payment shall be full compensation for furnishing all equipment, materials, labor, disposal, and
incidentals necessary to complete designated areas of litter and debris removal, less any. areas omitted.
Payment shall be made under the items specified in the Bid Price Proposal.
SECTION ME110-31
ROAD AND BRIDGE SWEEPING
(REV. 07-31-01)
ME110-31.1 Description.
The work specified in this Section consists of routine mechanized road and/or bridge sweeping to
clean and remove sand, soil, paper, glass, cans, and other debris. Areas to be swept include but are not
limited to; curb and gutters, valley gutters, bridge decks and curbs, inside and outside highway interchange
ramps [with paved shoulders greater than 12 inches], outside and median paved shoulders, barrier walls,
gore areas, toll plazas (when applicable), bi-directional lanes, and other designated sites.
ME110-31.2 Frequency of Sweeping.
The total number of cycles for sweeping operations will depend upon the severity of debris on the
areas to be swept. Areas specified for mechanized sweeping shall be swept approximately 12 times.
The total number of sweeping cycles within the contract period may be increased or decreased as
determined by the Engineer to meet field conditions.
Each sweeping cycle shall be completed and accepted within n/a calendar days after issuance
of the work document. Each sweeping cycle is to be completed in its entirety prior to the beginning of
another cycle. In assessing liquidated damages, the calendar days established in this Section shall be used
for determining delinquency of progress for each sweeping cycle.
No sweeping operations shall be performed between the hours of (to be determined by the
Engineer in Charnel .
The Contractor shall submit sweeping schedules to the Engineer for approval.
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ME110-31.3 Safety.
Maintenance of traffic shall be in accordance with Section ME 102. The work vehicle (sweeping
machine) shall have an operating flashing beacon and the shadow vehicle shall be equipped with an
approved advance warning arrow panel, warning sign, and truck mounted attenuator (crash cushion
system).
All sweeping shall be accomplished with or in the same direction as the traffic. Sweeping against
or opposing the traffic will not be permitted.
The foregoing requirements are to be considered as minimum and the Contractor's compliance
shall in no way relieve the Contractor of final responsibility for providing adequate traffic control devices
for the protection of the public and employees throughout the work areas.
ME110-31.4 Equipment.
The Contractor shall furnish equipment of a type and quantity to perform the work satisfactorily
within the time specified. The sweeping equipment shall be capable of meeting the quality requirements of
ME 110-31.8 in 1 pass and a maximum of 2 passes for areas determined unsatisfactory by the Engineer.
The mechanized road sweeper(s) shall have a minimum capacity of 4 cubic yards.
All safety devices on the sweeping operation equipment shall be inspected by the Engineer or his
representative prior to being placed into service. Any deficient safety devices shall be corrected or
replaced immediately and service shall not begin until the deficiency is corrected.
Inspection and approval of the Contractor's equipment by the Engineer shall not relieve the
Contractor of responsibility or liability for injury to persons or damage to property caused by the
Contractor's operations.
Equipment that damages pavement, curbs, or turf shall not be allowed. Damages as a result of the
Contractor's operations shall be repaired by the Contractor at no cost to the Department.
ME110-31.5 Dust Control Equipment.
The sweeping operation shall not create excessive airborne dust or other particles, as determined
by the Engineer. Equipment supplied with a functioning water spray system normal to the industry for
dust control will satisfy this requirement.
ME110-31.6 Parked Vehicles.
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.
ME110-31.7 Removal and Disposal of Debris.
The Contractor may encounter debris that is larger than the mechanized sweeper can remove such
as; tires, tire parts, hub caps, large stones, boxes, tree limbs, wood, cable, and other such materials. The
Contractor shall use other means (hand or mechanized) to successfully remove all debris encountered
regardless of the size.
The Contractor may encounter piles of soil and vegetation that may require special removal
methods during the sweeping operations. The Contractor shall furnish all labor, materials, and equipment
required to accomplish removal of these built-up areas.
Stockpiling or disposal of debris on the Department's right-of-way shall not be permitted.
Debris shall be disposed of by the Contractor in areas provided by him and in accordance with all
Federal, State, and local 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 per mile of mechanized (mechanical)
sweeping.
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ME110-31.8 Quality.
The Contractor shall pick up and remove from the areas to be swept, any obstacle such as wood,
tires, cans, etc. that can not be picked-up by the sweeper to include areas under guardrail on paved
shoulders. The Contractor shall remove all items such as newspapers, magazines, large boxes, etc. that
would be torn, ripped, or scattered by the sweeper and result in an objectionable appearance.
Completed work shall be clean and free of all accumulated debris immediately after sweeping, as
determined by the Engineer.
Areas determined unsatisfactory by the Engineer shall be re-swept to the satisfaction of the
Engineer within the time specified, at no additional cost to the Department.
ME110-31.9 Method of Measurement.
The quantities to be paid for under this Section shall be the number of miles completed and
accepted measured longitudinally to the travel lane to the nearest one hundredth of a mile.
The width shall be sufficient to cover the entire width of curb and gutters, valley gutters, bridge
decks and curbs, inside and outside highway interchange ramps (with paved shoulders greater than 12
inches in width), outside and median paved shoulders, barrier walls, gore areas, toll plazas (when
applicable), and other designated sites.
Areas requiring more than one sweeping pass to sufficiently remove the debris shall not be
compensated twice.
ME110-31.10 Basis of Payment.
Payment shall be full compensation for furnishing all equipment, materials, labor, and incidentals
necessary to complete all sweeping operations, including hand work, as specified. The Contractor shall be
compensated at the unit price per mile times the actual miles completed and accepted.
Payment shall be made under the items specified in the Bid Price Proposal.
SECTION' ME110-32
EDGING AND SWEEPING
(REV. 07-31-01)
ME110-32.1 Description.
The work specified in this Section consists of edging, sweeping, removal and disposal of
vegetation from curb and gutter and sidewalk areas. Areas to be edged and swept shall be median island
curbs, roadside curbs, the front and/or backside of sidewalks and gutters, bike paths, and other designated
areas as designated by the Engineer.
ME110-32.2 Frequency of Edging and Sweeping.
The Engineer shall determine the total number of edging and sweeping cycles and when to begin
each cycle. All areas designated are to be edged and swept approximately 12 times. The Contractor
shall complete each cycle within n/a calendar days from the beginning of the cycle, weather
permitting, as determined by the Engineer.
Quantities shall be agreed upon prior to beginning work in any area in question.
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ME110-32.3 Equipment.
The edging and sweeping may be done with hand tools or by mechanized means. The Contractor
shall provide positive means to control dust from edging and sweeping operations.
Equipment safety devices to prevent flying debris or prevent injuries shall be properly installed
and maintained at all times. Deficient equipment shall be removed from service until the deficiency is
corrected to the satisfaction of the Engineer. Equipment shall be inspected by the Engineer before it is
placed in service. Inspection of the Contractor's equipment by the Engineer shall not relieve the Contractor
of responsibility or liability for injury to persons or damage to property caused by the operation of the
equipment.
Equipment that is utilized to remove or transport debris or litter shall be of a type that precludes
distribution or loss of debris or litter along the roadway.
Moving equipment shall be operated in the same direction as the flow of traffic.
ME110-32.4 Method of Operation.
Work shall not begin until authorized, in writing, by the Engineer. Unless the Engineer designates
the priority of the work, the Contractor may develop a work pattern from the locations listed in the work
document.
Edging - The trench resulting from the actions of the cutting blade shall not exceed 1 inch in width
from the edge of the surface being edged. Grass or weeds shall not be pushed into the trench. The blade
of the edger must produce a clean sharp cut.
Vegetation - Vegetation shall consist of grass, weeds, or low growing bushes that extend beyond
the normal grassed areas onto the curb, sidewalk, bike paths, or other designated areas. Vegetation
extending into or growing over these areas shall be cut and removed. All low growing bushes, grass, or
weeds, extending over the sidewalk bike paths, or other designated areas shall be uniformly cut to the back
edge of the sidewalk, bike path, or other designated area.
Sweeping - Sidewalks, bike paths, and curbs shall be swept clean. All debris (grass, weeds, soil,
litter, etc.) shall be swept from the curb and gutters, sidewalks, and bike paths to produce a clean
appearance. In areas where the grass or weeds are growing (rooted) in the gutter or sidewalk (including
joint areas), the soil in which the vegetation is growing shall also be removed along with the vegetation and
be disposed of properly.
Debris Disposal - Debris and/or litter produced by the edging or sweeping operation shall be
removed from the job site daily. The stockpiling or storage of debris or litter on the right-of-way overnight
will not be permitted. Disposal of all debris from the edging, sweeping, and vegetation trimming shall be in
areas provided by the Contractor and in accordance with local, state, and federal laws. The cost of disposal
of the debris, litter, and vegetation trimmings shall be included in the contract unit price for edging and
sweeping.
In areas where access is blocked by parked vehicles or other obstructions, the Contractor shall
return at a later time and complete the edging and sweeping operations.
All edging, sweeping, and disposal activities shall be conducted during daylight hours only, unless
otherwise specified in the contract documents or approved by the Engineer. The Engineer may approve
nighttime operations upon request from the Contractor, at no additional compensation for nighttime traffic
control. The Engineer may restrict the hours of operations based on peak traffic hours, local conditions, or
special events. At the conclusion of each workday, all required edging, sweeping, and disposal of debris
shall be completed within the limits worked.
The quality and acceptance of work will be determined by the Engineer. Areas that are determined
to be unacceptable shall be re-edged and/or re-swept by the Contractor at no additional cost to the
Department.
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Negligence by the Contractor resulting in damage to curbs, sidewalks, pavement, or turf shall be
repaired or replaced by the Contractor to the satisfaction of the Engineer at no additional compensation.
ME110-32.5 Method of Measurement.
The quantities to be paid under this Section shall be measured in miles (or part thereof) for total
distance traveled when areas are edged and/or swept, completed and accepted. Areas that are maintained
by businesses, groups, individuals, or areas where the grass and/or weeds fail to grow sufficiently to justify
performing this work, will be omitted as determined by the Engineer.
ME110-32.6 Basis of Payment.
The quantity, determined as provided above, shall be paid for at the contract unit price per mile for
edging and sweeping. Such prices and payment shall be full compensation for all the work specified in this
Section and shall include all equipment, labor, materials, and incidentals necessary to complete the work.
Payment shall be made under the items specified in the Bid Price Proposal.
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