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.