1200-FDOT-Hwy landscapeIIIGHWAY LANDSCAPE CONSTRUCTION AND MAINTENANCE.
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this day of NOU, 30 2 007, by and between the STATE. OF
FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter
called the "DEPARTMENT" and the C ITV A f- sAti _,=s , a political
subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "AGENCY."
WITNESSE
WHEREAS, the DEPARTMENT has jurisdictiol'+ over and maintains State Road 9 5 —W as part of the
state Ilighway System; and
WHEREAS, the AGENCY seeks to install and maintain certain landscaping within the right of way of
State Road 15 and SC-c -r1VW 77 0/0
WHEREAS. the DEP.ARTNTE•:NT agrees that landscaping should be installed and maintained as proposed
by AGENCY; and
WI-ILREAS. Rule 14- 10.003(3)(c), Florida Admii «istratixe Code, requires the Fatties to enter into an
A rrernent designating and setting forth the responsibilities of each parry; and
INHF,REAS, AGENCY. by Resolution No. � RQ0 dated 1.2y • and attached hereto as
E?chibit "A," has accepted said grant and authorized its officers to execute this AGREEMENT an it; behalf.
NOW THERF.FCIRF, for and in consideration of the mutual benefits to flov4 each to the other, the parties
covenant and agree as follows:
The AGENCY hereby agrees to install or cause to be installed landscaping on the highway facility as
specified in the Landscape Plan(s) included as Exhibit "B." Such installation shall be in conformance with
Florida Administrative Code Rule 14- 40.003 as it may be amended frotn time to time, and the Florida
Hi?,h,Aay Landscape Guide. which is incorporated into Rifle 14- 40.003 b reference. The AGENCY shall
not change or deviate frorti said plan(s) without written approval of the DEPARTMENT.
The AG ENCY agrees to maintain the landscaping in accordance ti- iAh the Landscape %,laintenance Plan(s)
included as Exhibit "C." Said maintenance will be in accordance with Florida Administrative Code Rule
14 40,00 and the Florida Highway Landscape Guide, as they may be amended from time to time_ The
AGENC:Y's responsibility for maintenance shall he consistent with the requirements of Florida
Administrative Code Rule 14 40,00 *){a)l. The above named functions w be performed by the
AGENCY, shall be subject to periodic inspections by the DEPARTNIF•.NT. The AGENCY shall not
chan-r or deviate from said plan(s) tiritl4ot,t written approval of the DEPARTMENT,
All landscape installation and maintenance activities underakcn by AGENCY shalt be in accordance vith
the Maintenance of Traffic Plan(s) included as Exhibit "D" and Florida Administrative Code Rule
14-40.003(5).
4. If at any time after the AGENCY has assumed the 1- indscapine installation or maintenance responsibility
above - mentioned,, it shall come to the attention of the DEPARTMENT that the linits or a part thereof is
not properly installed or maintained pursuant to the terms of this AGREEMENT. the District Secretary or
his desipce may issue a written notice that a deficiency or deficiencies exist by sending a certified
letter to the AGENCY to place said AGENCY on notice thereof. Thereafter the AGENCY shall have a
period of thirty (30) calendar day's within which to correct the cited deficiencies. If said deficiencies are
riot Corrected within this time period the DEPARTMENT may at its option, proceed as follows:
(a) If installation is not completed in accordance with the plans in paragraph 1, the DEPARTMENT
may complete the installation, with DEPARTMENT or Contractor's personnel, and deduct the
reasonable cost thereof from the money othen;•ise due the AGENCY under this AGREEMENT..
(b) If installation has been properly completed or if the DEPARTMENT elects not to complete the
landscaping under (a) above, and maintenance by AGENCY is not in compliance with paragraphs
2 or 3, the DEPARTMENT ma;, take action to maintain the landscaping or a part thereof. with
DEPARTMENT or Contractor's personnel and invoice the AGENCY for expenses incurred, or
fC`% The DEPARTMENT rna� terminate the AGREEMENT, in which case the AGENCN' shall at its
o expense and %vithin sixt% (60) days after v- 7itten notice by the DEPARTMENT, remove ah
of the landscaping that the DEPARTMENT directs be removed and return the right - of -way to its
original condition, The AGENCY v. own such materials as it removes and the
DEPARTMENT shall own any materials remaining. The DEPARTMENT may, in its
discretion, remove, relocate or adittst the landscaping mater al_ with the AGENNCY being,
responsible for the coat of any removal,
Upon DEPARTMENT action under one of the above option and upon direction of the DEPARTMENT,
AG ENCY shall cease installation and maintenance activities under This AGREEMENT.
i. It is understood betti}ccn the parties hereto that the landscaping, covered br• this AGREEMENT ntay be
removed, relocated or adiustcd by the DEPARTMENT at any time in the future as detertrwied to be
n:cessan' by the DEPARTMENT in order that the state road be widened, altered or othenvise changed,
Tlie AGENCY shall be given sixtt (60) calendar Clays notice to remove said landscapin_ "hardscape after
which time the DEPARTMENT may; remove the same.
6, AGENCY MaV utilize its emPIO.,ee� or third parties to accomplish its obli ations tinder paragraphs 1. ? or
however, AGENCY remains repo,tsible for proper perforntanCC under this AGREEMENT and shall
take all steps necessary to ensure t]:at its emplovees or third parties perform as required under this
ACREENIEN'T.
7. The term ofthis AGREEMENT commence, upon execution,
K, 1 his wribrig cnibodies the entire A GREEMENT and understanding heo een the parties hereto and there
are no other AGREEMENTS and understmnding, oral or wri€ten, xvith reference to the subcet matter
he.rcof that are not mere -ed herein , end superseded hereby.
Q. phis AGREEMENT ma; not be assivned or transferred by the AGENCY in whole or part ��ItfiOtit the
consent of the DEPARTMENT.
10. - I"his AGREEMENT shall be voverr!ed bN and construed in accordance With die ia,vs of the State of
Florida_ In the event of a convict bet any portion o the AGREEMENT arid Florida la%x, the la o
Florida ;hall prevail,
H. Publi Fntity Crime - A person or affiliate who 1-as i>cen placed can t.te convicted vendor list following a
conviction: for a puli`ic entity crim=e nixy not strbnlit is liid on Sa contrast to provide any goods or services to
a public entin', may not submit a bill on a contract % ith a public enti -y fo-, the constrUCtroIi or repair o a
public building or pudic work, ma} not submit bids on ',cases cif r'eai iimper., to a public entin. tna) not
be awarded or perform wart: as a contractor, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entit% in excess of the threshold amount
Provided in Section '• S?.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list.
;?_ :'Lnti- Discriminaiion - An entity or affiliate who has been placed or, the discriminatory vendor list 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 [cases 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 XVITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year
first above written.
c14Y of 5 Aw;Fa2D
(AGENCY)
By
Mayor ar " hairman
Attest:
C.'lerl+,'Director
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
District Secretary
(SEAL)
xecutive Secretar%
r
Legal Approval Legal .Approval
RESOLUTION NO. 1990
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA,
AUTHORIZING THE CITY TO ENTER INTO A LANDSCAPE
CONSTRUCTION AND MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE US 17 -92 AND BUSH
BOULEVARD INTERSECTION IMPROVEMENT PROJECT.
Whereas, the US 17 -92 Community Redevelopment Agency (CRA) has approved a
redevelopment project in the City of Sanford located at the intersection of US 17 -92 and Bush
Boulevard within the State Highway right -of -way, and;
Whereasthe Florida Department of Transportation requires a governmental agency to enter
into a Landscape Construction and Maintenance Memorandum of Agreement to make improvements
in the State Highway right -of -ways, and;
Whereas, the City will maintain the landscape redevelopment project that includes five (5)
medians at US 17 -92 and Bush Boulevard as shown on Attachment A.
Whereas, the City of Sanford has identified funds for the annual maintenance of said portion
of the US 17 -92 and Bush Boulevard Intersection, and;
Now, therefore be it resolved, that the City Commission of the City of Sanford, Florida,
authorizes its officers to execute a Landscape Construction and Maintenance Memorandum of
Agreement with the Florida Department of Transportation.
PASSED AND DULY ADOPTED in regular session this 24th day of January, 2005.
CITY COMMISSION OF THE CITY
OF SANFORD, FLORIDA
Brady Le d, Mayor
ATTEST:
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EXHIBIT C
Landscape maintenance plan approved by the District Landscape Manager
Please see attached
9
Exhibit C
TECHNICAL SPECIFICATIONS:
TURF MAINTENANCE
A) Mowin
The mowing of all turf areas on the property no less than once per week in the heavy
growing season March 1 through November 15. Mowing in the months of November 16
through February 29 will be regulated on an as- needed basis, but not less and twice per
month.
Prior to mowing /trimming any turf area Contractor will remove all paper, bottles, cans, or
other debris from that site.
Turf shall be mowed to maintain a uniform height of not less than 3" and not higher than
4 ". However,
- No more than 1/3 of the leaf blades are to be removed per any single mowing.
Unless stated elsewhere, mowing shall be done via walk behind or riding mower.
Blades shall be sharp at all times to produce a clean cut. All equipment used in
performing this contract shall comply with Outdoor Power Equipment Institute's
ANSI B71 Safety specifications.
Clippings are to be left on the turf so long as no readily visible clumps remain on
the grass surface 36 hours after mowing. Otherwise large clumps of clippings will
be collected and disposed of by the Contractor.
In case of fungal disease outbreaks clippings will be collected and properly
disposed of until disease is no longer detectable. Clippings are to be blown off all
headstones following mowing /weedeating.
B) Edging/Trimming/Weedeating
The edging and trimming and weedeating of all headstones, markers, coping, soagnage
and plant beds will be performed on the same schedule as for mowing. All areas not
accessible to mowing machinery shall be hand clipped. Weedeaters will not be used to
trim around trees, shrubs or grounds covers.
Turf and sprinkler heads will be trimmed as needed so as not to interfere with or intercept
water output. Contractor will clean all clippings from roadways and headstones, markers,
etc. immediately after mowing /edging.
C) Fertilization
All turf areas shall be fertilized a minimum of two times per year. (Early - mid March and
again in early September)
Contractor shall be responsible for purchasing and applying all fertilizers. He is also
responsible for determining quantities. Complete fertilizers shall be granular in
composition and shall contain a minimum of 30 -50% of the nitrogen in slow or
controlled release form. Recommended fertilizer to use is 16 -4 -8 slow release with
micronutrients, including iron.
Fertilizers shall be applied at the rate of one (1) pound of actual nitrogen per 1,000 square
feet of turf area per application. Excess fertilizer will be swept off headstones /markers,
curbs, or roadways onto the lawn areas.
Following fertilization a minimum of 1/4 inch of water will be applied. Contractor will
coordinate this work with the City's Representative.
Prior to application Contractor shall furnish a sample label of the fertilizer to the City for
review and approval.
Contractor shall guarantee even application of fertilizer. In the event of streaking,
Contractor will reapply fertilizer at no cost to the City.
Contractor shall also furnish the City a brief report following each application outlining
what was applied, where, how much, and when.
Should additional fertilizer applications or soil amendments, such as iron or other micro -
nutrient be required, or to adjust soil pH Contractor may do so on a time plus materials
basis provided the application is approved by the City in advance.
D) Pest Control
Contractor shall inspect all lawn areas unit for indications of pest problems, and advise
the City of such problems immediately.
Upon confirmation of specific problems required treatment of pesticides will be applied
as needed on a spot treatment basis whenever possible using the least toxic, but effective
pesticide. All pesticides must be applied in accordance with the rules and regulations
governing the use of pesticides in Florida. Pesticides must be applied only when
temperatures are below 90T and wind drift is negligible.
Contractor is responsible for purchase and application of Round Up or approved equal,
for control of undesirable vegetation in plant beds, by headstones, coping, markers,
signage, hose bibs, base of trees, etc., provided treatment doesn't kill or injure desirable
vegetation. Contractor shall be responsible for correcting any damage from Round Up,
or other approved product, due to over - spraying.
Except for control of undesirable vegetation and ants all pest control work is in addition
to the basic contract charges. The amount charged will be on a per job basis based on
material cost plus labor. The cost will be agreed upon between the City and Contractor
before any treatment is rendered. Contractor shall submit Material Safety Data Sheets to
the City's representative of all chemicals used in the performance of this contract, and
also a copy of his or Subcontractor's Pest Control Operators License.
E) SHRUB AND GROUND COVER MAINTENANCE
A) Prunin
All shrubs will be pruned in accordance with horticultural standards with hand
shears (except hedges) as needed to provide an informal natural shape, according
to each species' normal growth habit. Hedges may be pruned with power driven
clippers. Shrubs will not be pruned when plants are in flower or under stress.
Ground coverings should be allowed to form masses appropriate to the species.
Contractor shall be responsible for collecting and disposing of all plant
clippings /debris.
B) Fertilization
Shrubs and groundcovers will be fertilized once per year in early March with a
complete fertilizer containing equal amounts of nitrogen and potassium, and at
least 30% of both of these elements should be slow release form. Recommended
fertilizer shall be granular and also contain a complete micro - nutrient amendment.
Contractor should exercise care in its' application to avoid burning in ground
cover crowns. It should also be lightly worked into the soil, exercising care to
avoid damaging the plants' root systems. Any plants showing nutrient deficiencies
shall be treated with supplemental applications of the specific lacking nutrient(s)
according to University of Florida Cooperative Extension recommendations.
C) Pest Control
Contractor shall practice Integrated Pest Management techniques to control
insects, diseases, and weeds on and around ground covers and shrubs. This will
include frequent monitoring and spot treatment as necessary using the least toxic
methods.
Contractor shall keep the City informed of all pest problems. Pesticides must be
applied by a licensed applicator in accordance with the rules and regulations
governing the use of pesticides in Florida. Pesticides should only be applied when
temperatures are below 90 °F and wind drift is negligible. Shrub and groundcover
beds will be kept reasonably weed free.
F) TREE MAINTENANCE
A) Prunin
Except for emergencies or unless otherwise directed, tree and palm pruning will
normally be done once per year during December - February limited to branches
and/or dead fronds and seed heads below 20' in height. No green palm fronds
shall be removed. All plant debris must be collected and removed from the
worksite by the Contractor following pruning.
Trees shall be maintained in their natural shapes according to their species. Trees
shall be pruned in a manner to select and develop permanent scaffold branches
that are attached to provide radical orientation so as not to overlay on another; to
remove deadwood, broken branches, sucker growth, to thin out crowded growth,
to maintain safe road visibility, to eliminate narrow "V" shaped crotches; to
reduce topping and wind damage by thinning of crowns; to maintain growth
within the space limitations; and to maintain the proper balance between the
crown and root system.
Contractor shall be responsible for removal and disposal of all dead, dying, or
hazardous trees as determined by the City.
B) Tree Rings
Where applicable Contractor shall maintain a cleared, weed free circle at the base
of trees to reduce competition for nutrients by lawn, shrubs, or ground cover and
to prevent being damaged by mowing equipment.
C) Fertilization
All trees will be fertilized once per year in March with a complete granular
fertilizer with minors as recommended by Florida Cooperative Extension Service.
Minimum of 30% of Nitrogen source should be available in a slow release form.
Trees should be fertilized at a rate of 1/4 - 1/2 pound per inch DBH.
Palms shall be fertilized at a rate of 1/2 pound per 2 feet of height. All fertilizers
shall be watered in after application.
D) Pest Control
Contractor shall provide same Integrated Pest Management techniques as
described under Shrub and Groundcover Maintenance. Any pesticide treatment
shall be in addition to the basic contract charges. The amount charged will be on
a per application basis based on materials cost plus labor. This cost will be agreed
upon between the City and Contractor before any application is made.
G) MISCELLANEOUS PROVISIONS
A) Owner Awareness
Dead plants and those in a state of decline shall be brought to the Owner's
attention in writing.
Monthly walk - through during regular working hours will be scheduled with the
City's representative and Contractor's representative.
Any acts of vandalism, theft, hazards, or damages resulting from any vehicular
accident found by the Contractor shall be brought to the immediate attention of
the City's Representative.
B) Litter Control
Paper, grass, bottles, cans, small branches, artificial flowers, or other debris shall
be picked up and removed prior to mowing.
At no time shall debris be allowed accumulate to the point of distracting from the
appearance or safety of the area.
C) Weed Control
Contractor is responsible for removal of weeds /grasses from all plant beds, tree
wells, and /gravel lots , whether done by hand or other mechanical means or by
application of herbicides. All herbicide applications must be pre approved by the
City's representative.
D) Safety and Chemical Use
All materials and performance of work will meet all Federal Health and Safety
laws currently in effect. Material Safety Data Sheets must be submitted by the
Contractor to the City's Representative for all supplies and chemicals prior to their
use in the performance of this contract. All chemicals to be used in performance
of this contract shall carry an EPA approved number.
Contractor shall provide and require the wearing of protective clothing, mask, eye
protection, etc. during any operation as required or directed by applicable laws,
regulations or ordinances, and/or directions of manufacturers of material or
equipment.
All equipment must be properly maintained and is subject to inspection by the
City's representative. Any deemed inoperable or unsafe shall be removed from
the premises. All equipment must meet both the American Standard Safety
Specifications and OSHA requirements.
The Contractor shall adequately protect workers, adjacent property and the public.
The Contractor shall take all necessary precautions for the safety of his employees
on the job.
E) Supplies
Unless indicated elsewhere in this contract any materials provided by the
Contractor will be charged to the City at the Contractor's invoice price.
REPLACEMENT/LIABILITY
During the maintenance period Contractor shall replace at no cost to the City any
plant, tree or sodded area that dies if the causes for such defects are traced to
negligence or improper horticultural practices by the Contractor's personnel or
equipment. This same policy shall also apply to the irrigation system and all
headstones /markers and coping.
Replacement plants, including sod, must be healthy, free of defects, Florida Grade
#1, and same variety as originally planted.
Irrigation replacement items must be new and of same manufacturer and model
number as originally installed, unless substitutes are approved of in advance by
the City.
It is understood and agreed that the Contractor is not liable for replacement of
headstones /markers, plants, including sod, or irrigation due to circumstances
beyond Contractor's control, such as acts of God, vandalism, vehicular accidents,
drought, freeze or storm damage. Repairs shall be at the City's expense.
However, any headstone marker, coping damaged by contractor must be repaired
or replaced at no cost to the City. Furthermore, corrective action must be
completed within 30 calendar days of incident.
EXHIBIT D
MAINTENANCE OF TRAFFIC PLAN
The following indexes shall apply.
All landscape installation and maintenance activities shall be pursuant to FDOT design
standards index series 600, 611,612, and 613. It is noted that the land closure restrictions
in this area is no closures from 7 am to 9 pm northbound (SR 15 -600) and from 6 am to 8
pm southbound (SR 15 -600). No restriction on weekends.