Contract BDB65, FM 414802-1-72-02City of Okeechobee
Speedy Message
Office of the City Clerk
May 17, 2005
To: Interim City Administrator /Attorney Cook
Re: DOT Maintenance Agreement - Mowing & Sweeping 70 & 441
Last years agreement with DOT $28,913.29 annually.
This years agreement with DOT $21,003.77 annually.
Big 0 Lawn Care Contract $13,200.00 annually is for City Hall, Police Department, City
Parks, Medians, and Sidewalks.
(Note we use to have these separated out so that the areas that DOT paid for were
known specifically but that is not the case any more, when they were rebid they were all
combined into one bid/contract. The contract expired March 31, 2005. There is a
paragraph regarding option to renew which states alt is understood that renewal of this
contract is subject to availability of funds to CITY annually, and the rebidding and award
of this contract b the City Council. Thus, no guarantee express or implied id made as to
review options under this contract." I asked Katrina whether there were any decisions to
renew the contract and she thought there were but that everything was done verbally
between Big 0 and Donnie. I asked her to get something in writing for both parities to
sign and listing the dates of the renewal for the file.)
Charlie's Street Sweeping Contract $32,708.00 annually is for 70, 441, South Park
Streets, and City Hall Parking Lot.
(Note The bid documents specifically states that this it is a 5 year contract, with each
year being automatically renewed. The contract reads that it began July 1, 2002 and
ends June 30, 2003. I've asked Katrina to also have something in writing for both
parties to sign for the file as well.)
Thank you.
CMC
City Clerk
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Florida Department of Transportation
JEB BUSH DENVER J.STUTLER,JR.
GOVERNOR SECRETARY
August 1, 2005
City of Okeechobee
Attn: Mr. John Cook
City Administrator
55 S.E. 3rd Ave.
Okeechobee, Fla. 34974
Re: Notice to Proceed
Maintenance Agreement
F.M. #414802-1-72-02
Contract Number: BDB65
Dear Mr. Cook:
By copy of this letter, you are authorized to begin work August 1, 2005 on the above referenced
contract, in accordance with the Department of Transportation project specifications for this
contract. The estimated completion date of this contract is July 31, 2006.
There are 365 days allowed to complete the work in this contract.
The contract was executed on May 26, 2005 and Mr. Gary J. Burnett, Contracts Coordinator
at the Sebring office will be in charge of this project.
If I can be of further assistance, please do not hesitate to call my office at(863) 386-6104.
Sincerely,
61//1,P--4 -1.44r1 -------2
F4 if : John W. Berlin
Sebring Operations Manager
JWB/gb
BDB65.ntp
cc: Roxann Lake(1-7)
District One,Sebring Operations Office
4722 Kenilworth Boulevard*Sebring,FL 33870
(863)386-6104*(863)386-6108(Fax)*MS 1-97
http://www.dot.state.fl.us
www.dot.state.fl.us ® RECYCLED PAPER
Contract No.:"SLa5
FM No.: 414802- 1 -72 -02
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. 0 9-04 dated the 17th day of
June ,, 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.
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
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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 m 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 three (3) years, 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.
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.
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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 ofless 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 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 of
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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 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
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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 ofrace,
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 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 ofthe 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 ofthe
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 17th day of June , 2005 , by the ?Ycr. Janes E. Kirk ,authorized to enter into
and execute same by Resolution Number 05-04
dated Jame 17 , 2005 and the
DEPARTMENT has executed this Agreement through its District Secretary for District One, Florida
Department of Transportation, thiOtKday of 6"
`ATTEST:
Signature
NAME: Lane Qamiotea
TITLE: City Clerk
Print
AGENCY
(SEAL) BY:
NAME: James E. Kirk
TITLE: mayor
STATE OF FLORIDA DEPARTMENT
NAME:
Executive Secretary
l den ndf -h ./
Print ✓✓
DOT District Maintenance Engineer
7
Print
SPORTATION
BY:
Arivtrict One secret
DATE:
NAME:
d6,
signee
pore d-j uiri---
Print
DOT Legal Review:
Signature
Availability of Funds Approval:
DATE: CL�C a , QO O S
EXHIBIT "A"
PERM
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 3 (three) years 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 $ 5,250.94 Five Thousand Two
Hundred Fifty and Ninety Four) per quarter for a total of $ 21,003.77 (Twenty-One Thousand Three
and Seventy-Seven)
3 - LOCATION AND DESCRIPTION OF MAINTENANCE ACTIVITIFS TO BE
PERFORMED.
SEE ATTACHMENT "A" attached hereto and made a part hereof.
Pay Item
Number
Activity
Number
Description
Units
Quantitiy
Price Per
Unit
Cycles
Per Year
Total
Cost
E104 4 4
484
Mow Int
Acres
4.25
$47.21
12
$2,407.71
E110 30
541
Litter
Acres
4.25
$6.67
12
$340.17
E11031
543
Sweep Mech
Mile
12.496
$60.00
12
$8,997.12
E110 32 1
545
Edge/Sweep
Mile
2.62
$294.49
12
$9,258.77
Total Yearly
Quarterly Payment
Cost
821,003.77
$5,250.94
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Location No.
Section: 91070,
Description:
From:
T...
ATTACHMENT "A"
LOCATION DESCRIPTIONS
CITY OF OKEECHOBEE MAINTENANCE AGREEMENT
1
SR 70
Within Corporate Limits of the City of Okeechobee
Mile Post 8.569
Pay Item
Activity v-
Description
Measure
Units/Act
Cycles/Yr
Cost/Unit
Total Cost
E104 4 4
484
Int Mow
Acres
0.92
12
$ 47.21
$ 521.20
E110 3 0
541
Litter Rem
Acres
0.92
12
$ 6.67
$ 73.64
E110 3 1
543
Swp Mech
Miles
4.444
12
$ 60.00
$ 3,199.68
E110 32 1
545
Edge /Swp
Edge Mi
1.33
12
$ 294.49
$ 4,700.06
Location
Total
$ 8,494.58
Location No. 2
Section: 91020, US 441 /SR 15
Description: Within Corporate Limits of the City of Okeechobee
From: S.W. 23Ta Street Mile Post 1.626
To Northern City Limit Mile Post 4.131
Pay Item
Activity
Description
Measure
Units /Act
Cycles/Yr
Cost/Unit
Total Cost
E104 4 4
484
Int Mow
Acres
3.33
12
$ 47.21
$ 1886.51
E110 3 0
541
Litter Rem
Acres
3.33
12
$ 6.67
$ 266.53
E110 3 1
543
Swp Mech
Miles
8.052
12
$ 60.00
$ 5,797.44
E110 32 1
545
Edge /Swp
Edge Mi
1.29
12
$294.49
$ 4,558.71
Location
Total
$12,509.19
ATTACHMENT "B"
SECTION ME102
MAINTENANCE OF TRAFFIC
(REV. 10/29/03)
The work specified in this Section will be govemed 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.
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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 and no
separate payment will be made.
102 -13.25 Partial Payment: When the proposal includes a separate pay item for Maintenance of
Traffic - Lump Slim, 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.
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.
ME104- 40-2.1 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.
ME104- 40-2.2 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.
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ME104- 40-2.4 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 Iandscaped 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 tunes 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.
ME104 -40-4 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 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 intemipted 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.
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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 Engineerls 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 acklitional 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.
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 sha 1 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 + / -' /s inch. When determined by the
Engineer, certain areas, due to location, may be cut to a height of 4 inches +/- 1/2 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.
12
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 ContractorEs 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.
13
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 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.
14
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 Itter 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)
ME 110 -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 Charge) .
The Contractor shall submit sweeping schedules to the Engineer for approval.
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.
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.
16
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.
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.
17
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 imiformly 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.
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
18
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.
19
2004 Unit Prices vs. Contract vs. MOA
As used in Statewide Budget Request
MOA: City of Okeechobee
Activity Activity
Number Description
Lg Mach Mow
471
Units
Unit of Per
Measure Cycle
Acres
482
Slope Mow
Acres
484
Intermediate Mow
Acres
4.2
485
Small Mach Mow
Acres
541
Litter Removal
Acres
4.2
487
Manual Weed Cnt
Acres
542
Manual Sweep
Curb Mi
543
Mech Sweep
Curb Mi
14.2
545
Edge & Sweep
Edge Mi
2.62
El D07 El D71 BD819
Total
Unit
Price
District
MRP 80
Workload
Cycles
Total
Yearly
Cost
Total
Unit
Price
Contract E
Cycles
In
Contract
Total
Yearly
Cost
Total
Unit
Price
Existing MOA
Cycles Total
In Yearly
Agreement Cost
03/04 Contract Engineered Cost
Total Cycles Total
Unit Workload Yearly
Price C cles Cost
$13.81
5.25
$0.00
5. 5
3.26
4.23
4.25
10.12
2.23
0.09
6.15
0.53
$0.00
$0.00
$866.23
$0.00
$301.99
$0.00
$0.00
$3,095.30
$399.87
$0.00
$0.00
$0.00
$0.00
$1,354.56
$0.00
$242.25
$0.00
$0.00
$8,997.12
$1,834.00
$0.00
$47.21 12.00
$6.67 12.00
$60.00 12.00
$294.49 12.00
$0.00
$13.86
12.00
12.00
12.00
2.00
$0.00
$100.71
3.26
$0.00
484
$0.00
Acres
4.25
$0.00
$98.86
Acres
$0.00
$48.23
4.23
$856.04
$26.56
12.00
$1,338.62
$63.60
12.00
$3,205.44
$47.21
12.00
$2,379.38
$79.76
4.25
$0.00
12.496
545
$0.00
Edge Mi
2.62
$0.00
$79.04
$0.00
$7.02
10,12
$298.44
$4.75
12.00
$239.40
$25.00
12.00
$1,260.00
$6.67
12.00
$338,17
$420.36
2.23
$0.00
$0.00
$0.00
$437.78
$0.00
$230.50
0.09
$0.00
$0.00
$0.00
$224.20
$0.00
$40.29
6.15
$3,517.38
$60.00
12.00
$10,224.00
$84.80
12.00
$14,449.92
$40,87
12.00
$6,964,25
$290.71
0.53
$399.87
$350.00
2.00
$1,834.00
$318.00
12.00
$9,997.92
$294.48
2.00
$1,543.08
$0.00
$0.00
$0.00
$0,00
Total Yearly Cost
u $5,071.73 Total Yearly Cost
E1 D07 E1 D71 BDB19
Total Yearly Cost
Quarterly Payment
$7,228.32
Total Yearly
Units
Activity Activity Unit of Per
Number Description Measure Cycle
District
Total MRP 80
Unit Workload
Price Cycles
Total
Yearly
Cost
Contract t
Total Cycles
Unit In
Price Contract
Total
Yearly
Cost
New MOA
Total Cycles Total
Unit In Yearly
Price Agreement Cost
03/04 Contract Engineered Cost
Total Cycles Total
Unit Workload Yearly
Price C les Cost
471
Lg Mach Mow
Acres
$13.81
$100.71
$48.23
$79.76
$7.02
$420.36
$230.50
$40.29
$290.71
5. 5
3.26
4.23
4.25
10.12
2.23
0.09
6.15
0.53
$0.00
$0.00
$866.23
$0.00
$301.99
$0.00
$0.00
$3,095.30
$399.87
$0.00
$26.56 12.00
$4.75 12.00
$60.00 12.00
$350.00 2.00
$0.00
$0.00
$1,354.56
$0.00
$242.25
$0.00
$0.00
$8,997.12
$1,834.00
$0.00
$47.21 12.00
$6.67 12.00
$60.00 12.00
$294.49 12.00
$0.00
$0.00
$2,407.71
$0.00
$340,17
$0.00
$0.00
$8,997.12
$9,258.77
$0.00
$13.86
$98.86
$47.21
$79.04
$6,67
$437.78
$224.20
$40.87
$294.48
12.00
12.00
12.00
2.00
. ',00
$0.00
$2,407.71
$0.00
$340,17
$0.00
$0,00
$6,128.54
$1,543.08
$0.00
482
Slope Mow
Acres
484
Intermediate Mow
Acres
4.25
485
Small Mach Mow
Acres
541
Litter Removal
Acres
4.25
487
Manual Weed Cnt
Acres
542
Manual Sweep
Curb Mi
543
Mech Sweep
Curb Mi
12.496
545
Edge & Sweep
Edge Mi
2.62
Total Yearly Cost
J $4,663.39
Total Yearly Cost
$12,427.93
Total Yearly Cost
i $21,003.77
Total Yearly Cost
lI$10,419.49
Spreadsheet edited by
Information Provided by
Quarterly Payment
Kathy Calder
$5,250.94
City of Okeechobee MOA
Howard Summers 2D04