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1035-FDOT & City Landscape Agrm\ C5- LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT i THIS AGREEMENT, made and entered into this day of5MJ.3 , 2005 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 "." C! WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road No. 17 -92 as part of tile 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 No. 17 -92; and WHEREAS, the DEPARTMENT agrees that landscaping should be installed and maintained as proposed by AGENCY; and WHEREAS, the parties hereto mutually recognize the need for entering into an AGREEMENT designating and setting forth the responsibilities of each party; and WHEREAS, AGENCY, by Resolution No. 1967, dated June 28, 2004 and attached hereto as Exhibit "A ", has authorized its officers to execute this AGREEMENT on its behalf. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: I. The AGENCY hereby agrees to install or cause to be installed landscaping on the highway facility as specified in the Landscape Plants) included as Exhibit "B ". Such installation shall be pursuant to Rule 14- 40.003, Florida Administrative Code, as it may be amended from time to time. The AGENCY shall not change or deviate from said plants) without written approval of the DEPARTMENT. 2. The AGENCY agrees to maintain the landscaping within the median and areas outside the travelway within the right of way pursuant to the Landscape Maintenance Plants) included as Exhibit "C ", and Rule 14.40.003, Florida Administrative Code, as it may be amended from time to time. 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 plants) without written approval of the DEPARTMENT. 3. All landscape installation and maintenance activities undertaken by AGENCY shall be pursuant to the Work Zone Traffic Control Plants) included as Exhibit "D ", if the FDOT Design Standards Index Series 600 is not applicable, and Rule 14- 40.003, Florida Administrative Code. 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 AGREEMENT, 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. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: a. If installation has been properly completed and maintenance by AGENCY is not in compliance with paragraphs 2 or 3, the DEPARTMENT may take action to maintain the landscaping or a part thereof, with DEPARTMENT or Contractor's personnel, and invoice the AGENCY for expenses incurred, or b. The DEPARTMENT may terminate the AGREEMENT, in which case the AGENCY shall at its own expense and within sixty (60) days after written notice by the DEPARTMENT. remove all of the landscaping that the DEPARTMENT directs be removed and return the right -of -way to its original condition. The AGENCY will own such materials as it removes and the DEPARTMENT may, in its discretion, remove, relocate or adjust the landscaping materials, with the AGENCY being responsible for the cost of any removal. Upon DEPARTMENT action under one of the above options and upon direction of the DEPARTMENT, AGENCY shall cease installation and maintenance activities under this AGREEMENT. 5. It is understood between the parties hereto that the landscaping covered by this AGREEMENT may be removed, relocated or adjusted by the DEPARTMENT in order that the state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping after which time the DEPARTMENT may remove the same. 6. AGENCY, may utilize its employees or third parties to accomplish its obligations under paragraphs I. 2, or 3; however, AGENCY remains responsible for proper performance under this AGREEMENT and shall take all steps necessary to ensure that its employees or third parties perform as required under this AGREEMENT. 7. 1 he term of this AGREEMENT commences upon execution. • 8. The AGENCY shall indemnify, defend, and hold harmless the DEPARTMENT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission or negligent act by the AGENCY , its agents, nor its employees will be liable pursuant to this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the DEPARTMENT or any of its officers, agents, or employees during the performance of the AGREEMENT. 9. This writing embodies the entire AGREEMENT and understanding between the parties hereto and there 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 AGREEMENT may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. H. This AGREEMENT shall 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 AGREEMENT and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. CITY OF SANFORD STATE OF FLORIDA (AGENCY) DEPARTMENT OF TRANSPORTATION By: By: , ., z-7 r .__ Mayor or Chairm n Distrief Secretary Attest: vcffll � �(, Kf� (SEAL) Attest: (SEAL) ClerkLbiraster xecuti a Secretary Legal Approval _- EXHIBIT "A" RESOLUTION BY LOCAL GOVERNMENTAL ENTITY AUTHORIZING ITS OFFICERS TO EXECUTE THIS AGREEMENT ON ITS BEHALF 07/08/2004 10:18 FAX 407 888 7920 SONCOR 10002 RESOLUTION NO. Aalo7 A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, AUTHORIZING THE CITY TO ENTER INTO A LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORADUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE US 17 -92 AND AIRPORT 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 Airport Boulevard within the State Highway right -of -way, and; Whereas, the US 17 -92 and Airport Boulevard intersection is a heavily traveled area and warrants significant landscape improvements, and; Whereas, the US 17 -92 CRA award recipient, Suncor Properties, Inc., will construct the project, and, Whereas, the 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 a portion of the landscape redevelopment project that includes the median at US 17 -92 at Airport Boulevard and the northwest comer of the intersection adjacent to the Central Florida Greeneway, and; Whereas, Suncor Properties, Inc, will maintain the right -of -way improvements adjacent to their property and secure maintenance agreements from other adjacent properties owners affected by this project; and Whereas, The City of Sanford has identified funds for the annual maintenance of said portion of the US 17 -92 and Airport 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 adopted this 28th day of June, 2004 City Commission of the City of Sanford, Florida 07/08/2004 10:18 FAX 407 888 7920 SUNCOR IQ 003 � i B dy Les a , Mayor Attest . an�ougherty, tity Cl 4k EXHIBIT "B" LANDSCAPE PLANS APPRO VED BY THE DISTRICT LANDSCAPE MANAGER, or DESIGNEE (Note: If the plans are large size then a listing of all sheets is acceptable. The list should contain the following: sheet number, sheet title, last revision date, and landscape architect's signature date -- these dates must agree with those of the approved set on file at the MOT office.) EXHIBIT "C" LANDSCAPE MAINTENANCE PLANAPPROVED BY THE DISTRICT LANDSCAPE MANAGER (Note: This plan may be a sheet within the Landscape Plans. It should be inserted here. If it is a large size plan then a description of the sheet is acceptable; see instructions under Exhibit `B ".) PART 1 - MAINTENANCE 1.1 GENERAL REQUIREMENTS A. Landscape maintenance shall include necessary watering, cultivation, weeding, pruning, wound dressing, disease and insect pest control, protective spraying, labor for replacement of dead plant material, straightening plants which lean or sag, adjustments of plants which settle or are planted too low, mowing, replacement of mulch that has been displaced, repairing and reshaping of saucers, and reseeding or replanting of those areas affected. Remove rubbish, waste, tools, and equipment used at end of each workday. Other procedures consistent with good horticultural practice necessary to insure vigorous, healthy growth of plant material are also part of Maintenance Contract. B. During first year of Maintenance Contract, replacement of plant material shall be responsibility of Contractor with exceptions as listed herein. 1.2 MAINTENANCE SCHF.TNTT.F Landscape Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Mowing 2 2 2 4 4 5 4 5 4 3 2 2 42 cuts min. Edging 1 2 I 2 2 2 2 2 2 1 2 2 21 every other cut/m in Weed Control 1 1 1 2 27 2 2 2 2 1 1 1 18 Blow /Sweep 2 2 2 4 5 5 5 5 5 3 2 142 Fertilize Sod 1 1 I Fertilize Trees & Shrubs 1 1 I Fertilize Palms Prune Trees & Palms See Section 4.6 Prune Hedge Material 1 1 1 1 1 1 1 1 1 1 1 1 12 times Mulch 1 1 Herbicide As needed Pesticide As needed Irrigation Complete System Check 1 1 I 1 1 1 1 I 1 1 1 1 12 1.3 GENERAL SPECIFICATIONS A. Following are specifications covering major items of work dealing with the maintenance of the grounds including trees, shrubs, ground covers, and turf areas. B. The work outlined shall include but not be limited to the following maintenance tasks: I. Care of architectural landscape elements 2. Edging 3. Fertilization 4. Irrigation / watering 5. Mowing 6. Mulching 7. Pesticide application 8. Pruning 9. Weeding C. At the end of each maintenance day, all walks, drives, road, parking lots and common areas will be free of any loose materials, trash, or debris. 1. All personnel shall be required to wear proper attire, which, as a minimum, includes a standard shirt carrying company name and/or logo, present a good appearance, and maintain a professional code of conduct. 2. All personnel shall take lunch breaks and use restroom facilities in areas designated by the Owner. 3. No storage or provision for storage shall be made on site for maintenance equipment or materials. Contractor shall be responsible for transporting equipment and materials to the site and off site in sealed or secured containers and vehicles as required, unless specifically allowed by written contract. 4. All work, unless otherwise specified herein, shall be part of the contract amount quoted. 1.4 TURF GRASS A. Mowing 1. Grass clippings, from mowing St. Augustine turf areas, are to be collected on an as- needed basis and removed from the project area the same day as collected or composted if on -site facility exists, by written permission from the Owner only. Grass clippings from Bahia turf areas may be scattered, through use of mulching mower provided any accumulation is not noticeable. Certain specific areas of Bahia turf may be allowed to mature in order to propagate the grass through seed drop, only, through specific notification to the Contractor from the Owner. 2. All debris from mowing, trimming, and edging must be picked up and removed from the property by the Contractor, and at the Contractor's expense, immediately after mowing. Small loose debris is expected to be swept or blown off walkways, driveways, etc. This small loose debris should not be discarded into any planters or mulched areas. 3. Mowing heights are to be maintained at two to three inches for both Bahia grass and St. Augustine grass. The Owner will retain the option to choose the mowing height. THE MOWER BLADES MUST BE SHARP AT ALL TIMES AND CLEANED AFTER EACH CUTTING SO AS NOT TO SPREAD DISEASE, PESTS, ETC. 4. No more than one -third of the grass height shall be cut at any one mowing. 5. Mowing around all pond areas shall be in a manner as to eject cuttings away from the water. Care shall be taken to stay clear of all littoral zone plantings. 1.5 SHRUBS, GROUND COVERS, ANNUALS A. Pruning (for all shrubbery/trees with clear trunk under 10 feet) 1. Plants shall be neatly trimmed a minimum of once per month, or as deemed necessary and directed by the Owner, and in conjunction with the landscape design theme. Pruning more than once per month shall be at additional costs. 2. Diseased or deadwood, whenever visible, will be removed immediately. 3. Prune at the time of season proper for the variety per industry standards. Prune flowering trees and shrubs (such as gardenias, azaleas) after the bloom ng period. 4. Shrubs under canopy trees will be maintained below the height of the clear trunk to exhibit a clear break between shrubs and trees. 5. Chemical trimming or pruning will not be allowed under any circumstances! 6. All trimming and pruning debris is to be picked up and removed from the property on the day of each trimming, by the Contractor and at the Contractor's expense. B. Weed control 1. Weeding is to be done on a routine basis to maintain TOTAL weed control. NOTE: Individual weeds or groups of weeds larger than 2 inches in height or diameter ARE NOT IN CONTROL and the Contractor will be expected to remove these immediately. 1.6 TREES AND PALMS 1. Pruning (for trees with clear trunk above 10 feet) 2. Prune, thin and trim all trees per the Natural Arborist Association specifications for pruning of shade trees to keep the trees healthy, to maintain the natural character of the variety, to control shape and to prevent crowding. 3. Pruning will also be required, from time to time, to remove damaged branches from storms or when blocking or intruding on signs, parking lots, walkways, vehicular sight triangles, etc. 4. Dead or dying palm fronds are to be removed from the palm trees, as often as necessary to maintain a neat appearance. No palm fronds shall be removed that create a branching pattern that is less than 90 degrees from vertical. B. Weed Control 1. NOTE: Under no circumstances will any tree, planted in a sod area, be weeded with a string -type weed trimmer! Hand -weed only! Tree -ring (18- inches minimum radius from outside of trunk) shall be edged with mechanical edgers only. 1.7 MULCH 1. All plant beds and tree pits (except pine /native areas) shall have four- inches of eucalyptus or cypress mulch (or approved equal) maintained. 2. Mulch shall be "top dressed" to proper depth when found necessary, as part of the contract price. 1.8 FERTILIZATION A. Sod- Schedule 1 1. The fertilizer shall be a commercial grade produced and recommended for use on the St. Augustine and Bahia type grasses: recommend 8 -10 -10 sulfur coated, time - release, with micro nutrients. B. Trees, shrubs and ground cover 1. Fertilizer shall be applied to all trees, shrubs, and ground covers with the exception of pines, saw palmettos and other established native (existing) areas. Fertilizer shall be commercial grade. Recommend 8 -10 -10 sulfur coated, time - release, or recommendations by the laboratory test results. Frequency may be adjusted based on community standards. Note: Nursery grown native species, planted in "native" context, shall be weaned from fertilizer over time. 2. Trees shall be fertilized three times yearly: February/March, June, and October, at the rate of one -pound per inch of trunk diameter, 30 inches above the base. Apply at the drip line in a four feet wide band. Frequency may be adjusted depending on community standards. C. Palms 1. All palms shall be fertilized in February, June, and October. Recommend 8 -10 -10 palm fertilizer at the rate of one -pound per inch of diameter of trunk. Frequency may be adjusted depending on community standards. 2. All fertilizer residues shall be removed from any pavement, immediately. 1.9 Herbicides, insecticides, sterilants, poison and animal traps A. Conditions for use 1. Chemical controls shall be applied by a licensed operator using EPA approved material under the direction of a Certified Pest Control Operator. Copies of current licenses must be provided to Owner prior to chemical use. 2. The Contractor may use a herbicide required for and recommended for the control of the types of weeds encountered. The manufacturer's written instructions and EPA criteria shall be strictly adhered to for application rates, etc. However, before any herbicide or insecticide is used on the project site, the Contractor shall notify the Owner of the types to be used, application rates, and all particulars with reference to chemical composition, and advise of any possible damage associated with the use of these products (i.e., to avoid personal contact with sprayed areas, etc.). Contractor must prove possession of appropriate applicators, proper protective clothing, and warning signage as required. Contractor must receive Owner's written approval prior to each application. Contractor will be totally responsible to remove and replace at the Contractor's expense, all plants damaged by chemical weed control, immediately upon notification from the Owner. Dead weeds larger than two inches in height or diameter must also be removed. 3. The Contractor is granted permission to use such herbicides, insecticides, sterilants, poison and animal traps as it may be necessary and advantageous in ground maintenance activities, relative to above stated specifications. Herbicides, insecticides, stertlants, and animal traps must be used responsibly and in conformance with Federal, State and Local laws and regulations. The Contractor assumes all liability for damage and/or injury resulting from accident or misuse of these products and/or equipment. The Owner retains the right to prohibit the use of any insecticide, sterilant, poison, or animal trap that may be judged undesirable for any reason. 4. Products leaving an undesirable residue or odor (i.e., weed oil) shall not be used. 5. Apply insecticides as needed to protect all plant materials from damage. The program shall include control of scale insects, aphids, and other sucking insects, spider mites, etc., and advance preventive spraying for twig borers and oleander worms. The Contractor shall be responsible for the choosing of chemicals and insecticides he uses and shall be accountable for any misuse of them. B. Red ant control ( "Amdro" or equal) 1. Personnel shall be aware /alert for evidence of ants, at every mowing /weeding and spread material on pile immediately. 1.10 Sprinkler system and watering A. Sprinkler system 1. The Contractor shall be responsible for the operation of the automatic irrigation system, for setting and adjusting the time to insure proper watering. 2. The timer shall be checked as often as necessary to insure scheduling. The Contractor will not be responsible for the replacement of the pumping equipment. Any other equipment damaged by the maintenance operation shall be replaced with the same equipment and by the same manufacturer, at the expense of the maintenance contractor. 3. Monthly, the entire irrigation system shall be tested for operation status to include timing or zones, duration of watering, consistency of spray pattern, broken/missing heads, broken pipes, valves or connectors and condition of water source (pump or meter). Written report shall be submitted to the Owner delineating said inspection and any items needed for repairs and cost estimate for said repairs. 4. The irrigation system shall provide sufficient water to all lawns and shrub beds. The watering shall provide for a healthy landscape appearance. Recommended hours of operations shall be between the hours of 11:00 p.m. and 7:00 a.m., or as is necessitated by size of irrigated area. 5. Contractor shall be responsible for controlling the amount of water used for irrigation, and shall assume responsibility for any damage that results from over - watering or insufficient watering. Water requirements — established landscapes 1. Ideal watering occurs just at the time the plant (including grasses) begin to show early signs of wilt. Set sprinklers to apply one -inch of water per five -day period. This can be accomplished in one or two applications. 2. Contractor is responsible for monitoring irrigation of all vegetation. Any irrigation problems observed that cannot be remedied by the post- mowing review must be brought to the immediate attention of the Owner. 1.11 GENERAL CLEAN -UP A. The Contractor will be expected, as part of his routine maintenance, to help police the areas under his contractual maintenance. This will include removing any litter or fallen leaves and branches, replacing washed out mulch back into planters and help clean up any construction debris or soil which might accidentally accumulate in the respective maintenance area. 1.12 Termination of Maintenance Contract A. If Owner fails to make payment for period of 90 days without written clarification, landscape maintenance contractor may, upon 12 additional days written notice to Owner, terminate contract and recover from Owner, payment for work executed and for proven loss sustained upon materials, equipment, or tools, including reasonable profit and damages applicable to Maintenance Contract. B. if landscape maintenance contractor defaults, persistently fails, or neglects to carry out work in accordance with Maintenance Contract, Owner, after 12 days written notice to landscape maintenance contractor, and without prejudice to any other remedy, Owner may have, may make good such deficiencies and deduct cost, including compensation for additional services made necessary, from payment due landscape maintenance contractor, or Owner may terminate Maintenance Contract. END OF SECTION 02900 Exhibit "D" Maintenance of Traffic Plan The following Indexes shall apply: 610,611 and 613. Any lane closures are subject to the restrictions for the area, which are from 7:00 AM to 10:00 PM.