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802-FDOT-Landscaping SR46 OKi.5 NAL HIGHWAY LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of.Tr/-J~a4,e~ ~,,/~o~,~ , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the "DEPARTMENT" and the City of Sanford , a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "AGENCY." WITN ESSETH WHERI~-AS, the DEPARTMENT has jurisdiction over and maintains State Road as part of the State Highway System; and; WHEREAS, the AGENCY seeks to install and maintain certain landscaping within the unpaved areas within the right of way of State Road 46; and WHERRAS, the parties hereto muu a!ly recognize the need for entering into an Agreement designating and setting forth the responsibilities of each ParW, and WHEREAS, the AGENCY desires to enter into this Agreement/on December 13. 1999, the AGENCY authorized its officers to do so, as evidenced by City Commission. Minutes attached hereto as Exhibk "A" and by reference made a pan hereof, NOW THEREFORE, for and in consideration of the mutual benefits to flow 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 spedfled 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 from time to time, and the Florida Highway Landscape Guide which is incorp0~ated into Rule 1~. 'I.0.003 by reference- The AGENCY shall not change or deviate from said phn(s) without written .approval of the DEPARTMENT. , The AGENCY agrees to maintain the landscaping within the median and areas outside the travel way within the tight of way line in accordance with the Landscape Maintenance Plan(s) included as Exhibit "C." Said maintenance will be in accordance with Florida Administrative Code Rule 14-40.003 and the Florida Highway Landscape Guide, as they may be amended from time to time. The AGENCY'S responsibility for maintenance shall be consistent with the requirements of Florida Administrative Code Rule 14-40.003(1)(d). The above named functions to be performed by the AGENCY shall be subject to periodic inspections by the department. The AGENCY shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. -, 3. All landscape installation and maintenance activities undertaken by AGENCY shall be in accordance with the Maintenance of Traffic Plan(s) included as Exhibit "D" and Florida Administrative Code Rule 14-40.003(4). If at any time after the AGENCY has assumed the landscaping installation or maintenance responsibility above-mentioned, it shall come to the attention of the Department that the limits or a. part thereof is not properly installed or maintained pursuant to the terms of this AGI~F-~M'~NT, the District Secretary or his designee may issue a written notice that a deficiency or deficiencies exist(s), 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 days within which to correct the cited deficiencies. ff said deficiencies are not corrected within this time period, the DEPART1VrF.~ may at its option, proceed as follows: (a) If installation is not completed in accordance with the plans in paragraphs 1 or 3, the DEPARTMF_-NT may complete the installation and thereafter take action to maintain the landscaping, with DEPARTM'Ii'-NT or Contractor's pe. rsonnel, and invoice the AGENCY for expenses incurred, or (b) If installation has been properly completed or if the DEPARTM'F;NT elects not to complete the landscaping under (a) above, and maintenance by AGENCY is not in compliance with paragraphs 2 or 3, the DEPARTM~.NT may take action to maintain the landscaping or a part thereof, with DEPARTM2ENT or Contractor's personnel and invoice the AGENCY for expenses incurred, or' (C) Terminate th:: AGREF_.M'F-NT and remove, by DEPARTM'F-NT oz private contractor's personnel, all of the landscaping installed under this AGRI~'-II':MF, NT or any preceding agreements and invoice the AGENCY the reasonable cost of such removal. Upon D-ILPARTMF. NT action under one of the above options and upon directioa of the DEPARTMENT, AGENCY shall cease installation and maintenance activities under this AGREEMY_NT. It is understood between the paxties hereto that the landscaping covered by this AGRE_FME'NT may be removed, relocated or adjusted by the DEPART1VIENT at any time in the future as determined to be necessary by the DEPARTM'F. NT in order that the state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTM'F. NT. The AGENCY slkall be given sixty (60) calendar days notice to remove said landscaping/hardscape after which time the Department may remove the same. The term of this. AGREEIVlF. NT commences upon execution. AGENCY may utilize its employees or third parties to accomplish its obligations under paragraphs 1, 2 or 3; however, AGF_,NCY remains responsible for proper performance under this AGKF, FNFF2NT and shah take all steps necessary to ensure that its employees or third parties perform as required under this AGREE1VI~__-NT. 8. (Insert indemnity language) This writing embodies the entire Agreement and understanding between the paxties hemto and them are no other Agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 10. This AGREEMI?-NT may not be assigned or transferred by the AGENCY in whole or part without the consent of the Department. 11. This AGREIiRVW-NT ~ha_l! be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the AGREEM~-NT and Florida law, the laws of Florida shall prevail. IN WITNESS WttEREOF, 'the parties hereto have caused these presents to be executed the day and year first above written. By: GEor C atrm n STATE OF FLORIDA DEPARTNIlE O TRANS!K)RTATION Clerk/Director ~a~~,C Legal Approval Legal Approval CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that the following is an excerpt of the Minutes of the City Commission of the City of Sanford, Florida' s Regular Meeting held on December 13, 1999 at 7:00 P. M. In witness whereof, I have hereunto set my hand and the official seal of the City of Sanford, Florida, this 17th day of December, 1999. EXCERPT - DECEMBER 13. 1999 AT 7:00 P.M. Consent Agenda. City Manager VanDerworp recommended removing Item C-12, Approve lease agreement of the Westside Recreation Center with the Boys & Girls Club of Central Florida, from the Agenda until next Meeting, and remove Item C-10, Approve employment agreement with Tony Ackerson for the position of Pool Supervisor of the Sanford Pool and Aquatic Complex, from the Agenda, and requested authorization to reword the employment agreement regarding tax codes: On recommendation of the City Manager, Commissioner MeClanahan moved to remove Consent Agenda Items 12 and 10 from the Agenda. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye On recommendation of Mayor Dale, Commissioner Williams moved to remove Consent Agenda Item 15, Approve request from Stephen and Ruth O'Brien for an open air restaurant, for discussion. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye On recommendation of the City Manager, Commissioner McClanahan moved as follows: Approve participating with our lease holder, Joe Baker, in cross fencing Site 10 at the cost of $3,205. Accept bid for the McCracken Road potable water main extension from Daniels Contracting Company, lowest bidder, for Bid #99/00-01, in the amount of $67,000.00, subject to receipt of the signed Water Facilitation Agreement. Accept bid for site construction of the Youth Baseball Complex at Chase Park from General Contractors, Inc., lowest bidder, for IFB #98/99-29, revised, in the amount of $345,870. Authorize execution of proposal mending current Contract Amendment No. 23 with Conklin Porter and Holmes for engineering services for Mill Creek Phase 3B drainage improvements, in the mount of $21,000. Approve contract amendment with Sanford Main Street, Inc. to extend contract for one year, to expire at midnight on September 30, 2000; both parties have the right to cancel the contract at any time during the extended term by providing ninety (90) days written notice of such intention. Approve position descriptions as approved by the Civil Service Board December 9, 1999 (includes Customer Service Supervisor and Deputy City Manager). Approve settlement of Workers' Compensation claim of Edwin Paul Keith, in the amount of $22,750., inclusive of attorney fees involving this claim for benefit. Approve Highway Landscape Construction and Maintenance Memorandum of Agreement with FDOT re: maintenance of landscaped medians on SR 46 across from the main entrance to Seminole Crossings. Approve request from Stanley Sandefur to defer impact fee payment for the proposed Boulevard Plaza until time of Certificate of Occupancy (CO). Approve Consultant Services Agreement with Glatting Jackson Planning Consultants for Courthouse Parking Strategy Study, not to exceed $7,500. Approve street closure of Oak Avenue from 12th Street to 13th Street on December 31, 1999 at 3:00 P.M. to January 1, 2000 at 2:00 A.M., in conjunction with Neighborhood New Years Eve Block Party special event. Approve remedy regarding inequities to adversely affected employees hired between October 1, 1997 and September 30, 1999; cost to be obtained from Departmental salaries accounts due to attrition, and if necessary, from the budgeted salaries contingency fund. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Commissioner Williams moved to reconsider Consent Agenda Item 6, Approve position descriptions as approved by the Civil Service Board December 9, 1999 (includes Customer Sendee Supervisor and Deputy City Manager). Seconded by Commissioner Eckstein and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Commissioner McClanahan moved to approve the position descriptions as recommended by the City Manager (includes Customer Service Supervisor and Deputy City Manager). Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Mayor Dale asked for clarification on the term "open air restaurant". Charles Rowe, Director of Community Development, said an open air restaurant is described as a mobile concession cart and the applicant is required to provide, in writing, permission from the owner to use the property and restrooms, a current health certificate, acquire City Commission approval, and secure a City of Sanford Occupational License and approval of the Occupational Licensing inspection. On recommendation of the City Manager, Commissioner McClanahan moved to approve the request from Stephen and Ruth O'Brien for an open air restaurant to be located at 2921 S. Orlando Drive, with stipulation that the City Occupational License fee is paid and the Occupational Licensing inspection is approved. Seconded by Commissioner Eckstein and carded by vote of the Commission as follows: Mayor-Commissioner Dale Nay Commissioner Eckstein Aye Commissioner Williarns Aye Commissioner Lessard Aye Commissioner McClanahan Aye SHRUB AND GROUND COVER MAINTENANCE A) Pruning Shrubs will be pruned in accordance with horticultural standards with hand shears as needed to provide an informal natural shape, according to each species' normal growth habit. Shrubs will not be pruned when plants are in flower. C-round coverings should be allowed to form masses appropriate to the species. Contractor 'shall be responsible for collecting and disposing of all plant clippings. B) Fertilization Shrubs and groundcovers will be fertilized two (2) times per year in early March and early September with a complete fertilizer containing as a minimum equal mounts of nitrogen and potassium, and at least 30°.4 of both of these elements should be slow release form. Recommended fertilizer shall be granular and also contain a complete micronutrient amendment. Prior to application Contractor shall fumish a sample ofthe product he proposes to use to the City's representative for review and approval. Contractor should exercise care in its application to avoid burning in groundcover crowns and it should be lightly worked into the soil, exercising 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 (especially oleander caterpillar, leaf spots on Indian Hawthorn, crown rot on Ledope, etc.) 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 ofall pest problems. Pesficides must be applied by a licensed applicator in accordance with the rules and regulations governing the use of pesfieides in Florida. Pesticicles should only be applied when temperatures are below 90° F and wind drill is negligible. Shrub and groundcover beds will be kept reasonably weed flee. TREE MAINTENANCE A) Pruning Except for emergencies or unless otherwise directed tree and palm pruning will be done once per year during December - February, and limited to branches and/or brown fronds and palm riowet/seed heads below 25' in height. No green palm fronds shall be removed unless broken or - 2 - damaged. All plant debris must be collected and removed from the worksite by the Contractor following pruning. Seed heads will be removed from palms and crape myrtle trees as needed. 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, thin out crowded growth, to maintain safe road visibility, eliminate narrow "V" shaped erotehes; 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. All tree priming cuts must be made outside the branch collar, not flush, except for palms. Cuts shall be clean with no tearing of the bark. Tree wound dressing is not to be used. If, through no fault of the maintenance Contractor, any major tree surgery or tree removal becomes necessmy, said work shall be done at City's expense. B) Staking and Guying Trees shall be periodically inspected by the Contractor for possible staking and guying adjustments and to prevent bark wounds caused by abrasion. Removal of these devices should be considered when they are no longer needed for support and to encourage proper tree development. Contractor shall coffer with the City's representative when in his opinion these devices require attention. C) Tree Rings Where applicable Contractor shall maintain a cleared, weed free and mulched circle at the base of trees to reduce competition for nutrients by lawn, shrubs, or ground cover and to prevent damage by mowing equipment. D) Fertilization All trees will be fertilized two (2) times per year in March and September with a complete granular fenilimr 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 ferfili:,ed at a rate of 1/4 - 1/2 pound per inch DBH. Palms shall be fertilized at a rate of I/2 pound and per 2 feet of height. All fertilizers shall be watered in after application. E) Pest Control Contractor shall provide same Integrated Pest Management techniques as described under Shrub and Groundcover Maintenance. Presence of mistletoe in any tree and gall formation on - 3 - any holly shall be dealt with promptly. MULCHING All landscaped areas, including tree wells, have previously received a minimum of three (3) inches of shredded cypress mulch. Contractor shall be responsible for keeping all of these mulehed areas neat and fleshly maintained by making certain that the mulch doesn't become matted or compacted. If additional mulch is needed, Contractor will notify the City's representative ofthe estimated quantity required and will apply same being careful not to apply any closer than 2 - 3 inches of any plant trunk or stem nor apply to the top of any plant. The pdee for this service will be at a cubic yard installed price mutually agreed upon between the City and Contractor prior to application. At time of bid submission Bidder will provide a unit price per cubic yard installed. 12RRIGATION SYSTEMS Contractor shall weekly inspect and test all systems' components and zones to ensure proper operations. Items to be checked shall include but not be limited to: clogged heads or nozzles, heads not set a proper height, leaks in pipes or heads, missing or broken heads and valves, rain sensors, and controllers for proper operation. Minor adjustments and repairs, such as head cleaning or replacement, filter cleaning, repair of small leaks and/or timer adjustments shall be made as needed by the Contractor. During weekly maintenance Contractor shall note and report to the City any symptoms of excessive or inadequate irrigation or any other condition which may hamper the correct operation of the system. Any repairs requiring more thm~ 1/2 hour to complete will be charged by the Contractor at a fixed man-hour rate plus parts. Contractor wilt notify the City of the nature and location of the problem before repairs are made. Unless otherwise directed, all irrigation shall be programmed for application between the hours of 1 l:00p.m. and 7:00 a.m. and shall be monitored to ensure that the functions of the site are not disrupted by irrigation operations or inspections. Contractor shall be responsible for making any repairs, including sprinkler head replacement etc. due as a restfit of negligence or carelessness by his staff. This work will be done in a prompt manner and at no cost to the City. Hand watering may be necessary if repairs to the irrigation system cannot be made in sufficient time to maintain the life of the plant materials and turf. MISCELLANEOUS PROVISIONS A) Citys Awareness: Dead plants and those in a state of decline shall be brought to the City representative's attention -/4 -- B) Traffic Safety: Contractor shall be responsible for the protection and maintenance of traffic via the proper use of traffic control devices, such as warning signs, trat$c cones, etc. Prior to beginning work Contractor shall submit to the City a Maintenance of Traffic Plan (M.O.T.) for review and approval. C) 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 horticulture practices by the Contractor's personnel or equipment. This same policy shall also apply to the irrigation system. 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 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. D) Replacement Materials: Any materials provided by the Contractor to the City will be charged to the City at the Contractor's invoice price.