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HomeMy WebLinkAboutFlorida Department of Transportation Highway Landscape Construction and Maintenance Memorandum of Agreement 2014 10 27 HIGHWAY LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this2 %ay of L 2014, 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 WINTER SPRINGS, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "CITY". WITNESSETH WHEREAS,the DEPARTMENT has jurisdiction over and maintains State Road 434 as part of the State Highway System; and WHEREAS,the CITY seeks to install and maintain certain landscaping within the right of way of State Road 434; and WHEREAS, the DEPARTMENT agrees that landscaping should be installed and maintained as proposed by CITY; and WHEREAS, Rule 14-40.003(3)(c), Florida Administrative Code, requires the parties to enter into an Agreement designating and setting forth the responsibilities of each parry; and NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The CITY hereby agrees to install or cause to be installed landscaping on the highway facility as specified in the Landscape Plan(s)included as Exhibit"A." Such installation shall be in conformance with Florida Administrative Code Rule 14-40.003,as it maybe amended from time to time. The CITY shall not change or deviate from said plan(s)without written approval of the DEPARTMENT. 2. The CITY agrees to maintain the landscaping in accordance with the Landscape Maintenance Plan(s)included as Exhibit`B." Said maintenance will be in accordance with Florida Administrative Code Rule 14-40.003, as it may be amended from time to time. The CITY's responsibility for maintenance shall be consistent with the requirements of Florida Administrative Code Rule 14-40.003(3)(a)8. The CITY also agrees to maintain any sidewalk/hardscape involved in conformance with generally accepted standards of sidewalk/hardscape maintenance. The above named functions to be performed by the CITY, shall be subject to periodic inspections by the DEPARTMENT. The CITY shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. 3. All landscape installation and maintenance activities undertaken by CITY shall be in accordance with the Work Zone Traffic Control Plan included as Exhibit "C" and Florida Administrative Code Rule 14-40.003(5). t 4. If at any time after the CITY 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 Director of Transportation or his/her designee may issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the CITY to place said CITY on notice thereof. The certified letter shall be sent to: City of Winter Springs,Attn: City Manager, 1126 East SR 434,Winter Springs,Florida 32708. Thereafter the CITY 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 is not completed in accordance with the plans in paragraph 1, the DEPARTMENT may complete the installation, with DEPARTMENT or Contractor's personnel,,and invoice the CITY for the reasonable cost incurred or deduct the reasonable cost incurred from funds otherwise due the CITY by the DEPARTMENT. (b) If installation has been properly completed or if the DEPARTMENT elects not to complete the landscaping under (a) above, and maintenance by CITY 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 CITY for the reasonable cost incurred or deduct the reasonable cost incurred from funds otherwise due the CITY by the DEPARTMENT, or (c) The DEPARTMENT may terminate the AGREEMENT,in which case the CITY 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 CITY will own such materials as it removes and the DEPARTMENT shall own any materials remaining. The DEPARTMENT may, in its discretion,remove,relocate or adjust the landscaping materials, with DEPARTMENT or Contractor's personnel, and invoice the CITY for the reasonable cost incurred or deduct the reasonable cost incurred from funds otherwise due the CITY by the DEPARTMENT. Upon DEPARTMENT action under one of the above options and upon direction of the DEPARTMENT, CITY 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 at any time in the future as determined to be necessary by the DEPARTMENT in order that the state road be widened,altered or otherwise changed. The CITY shall be given sixty(60)calendar days notice to remove said landscaping after which time the DEPARTMENT may remove the same. 6. CITY may utilize its employees or third parties to accomplish its obligations under paragraphs 1,2 or 3;however,CITY 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. The term of this AGREEMENT commences upon execution. The CITY shall notify or cause the Department's Oviedo Operations Engineer or his designee to be notified a minimum of 48 hours,excluding Saturday, Sunday,and legal holidays,prior to starting work in the right-of-way,unless said Engineer or his designee waives this period in writing. When the Department through said Engineer or his designee issues a Notice to Proceed,the CITY may proceed with the project. 8. CITY: 1. shall utilize the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the CITY during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 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 CITY in whole or part without the consent of the DEPARTMENT. 11. 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. 12. Public Entity Crime-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,proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal, or rely on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies 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. 13. Anti-Discrimination - An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity.for the construction or repair of a public building or public work; may.not submit bids, proposals, or replies 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 WITNESS WHEREOF,the parties hereto have caused these presents to be executed the day and year first above written. CITY OF WINTER SRINGS STATE OF FLORIDA (CITY) DEPARTMENT OF TRANSPORTATION By: By: K in L. Smitl , City Manager Alan E. Hvz .an Director of Transp -tation Oper tions Distr'-t Five Attest (SEAL) Attest: Norma Meijas - Executive Secretary Ant. renzo-Luaces, City Clerk City Attorney .Legal Approval Exhibit `B" LANDSCAPE MAINTENANCE PLANS ATTACHED SHEETS LANDSCAPE MAINTENANCE SPECIFIATIONS Pages Ithrough 5, Dated 20 June 2014 GrandeVille @ Town Center Winter Springs, Florida LANDSCAPE MAINTENANCE SPECIFICATIONS PART I. GENERAL SPECIFICATIONS A. Intent - The work for the exterior landscape maintenance is to include the furnishing of all labor, materials, equipment, accessories and services necessary or incidental to sustain all turf and plant materials in a healthy, vigorous growing condition as well as a completely operational irrigation system. All associated planted areas are to be kept in a continuous neat,clean and debris free condition for the entire life of the contract. B. Duration of Contract- The maintenance period will commence with the acceptance of the landscape and irrigation work which includes completion of all punch list items and continue for a period of one year. A second year extension to this initial contract will be at the discretion of the Owner. Maintenance during the landscape and irrigation installation is covered under a separate specification and is not a part of this continuing landscape maintenance specification. C. Scope of Work - Work will include, but not limited to, irrigation, fertilization, insect/disease/weed control, mowing, edging,pruning, shearing,turf repair(caused by plant replacement or irrigation repair), debris removal within landscape areas only,remulching and documentation of work and chemicals utilized on the property. D. Time Frame - The maintenance of all landscape and irrigation is to occur on a continuous basis, 365 days a year, regardless of holidays, weekends, etc.. During the peak growing season, additional effort is expected to keep the property neat and clean. E. Personnel Attire - All maintenance personnel will be neatly attired in the company uniform and will conduct themselves in a professional and businesslike manner and will be cognizant of all guests and surroundings during the implementation of the landscape maintenance work. F. Maintenance Supervisor-All maintenance personnel shall be under the sole responsibility of the landscape maintenance contractor and shall be competent, experienced and supervised at all times by personnel skilled in landscape/irrigation maintenance. In order to maintain continuity,the same supervisor shall direct the scheduled maintenance operations throughout the year(and the second year if the Owner opts to extend/accept second year contract). Any anticipated changes in supervisory personnel shall be brought to the attention of the Owner prior to any such change. This will assure the Owner that maintenance personnel remain familiar with the maintenance specifications, the site and any changing conditions. If a change in supervisory personnel is approved by the Owner, there shall be a minimum one month overlap in supervisors to assure maintenance continuity. G. Cost of Repairs-The landscape maintenance contractor is responsible for the cost of repair and/or replacement of all irrigation system components damaged by routine landscape maintenance operations. Replacement of landscape material damaged by insufficient irrigation is the responsibility of the maintenance contractor. H. Applicable Laws - The landscape maintenance contractor shall perform its obligations and functions in compliance with the applicable laws of the United States, the State of Florida, the governing local municipality and the applicable regulations or directives of any agency thereof. I. Licenses and Permits - All licenses and permits whether municipal, county, state or federal shall be kept current at all times. Any fines or additional fees incurred by the contractor by failure to maintain these licenses shall be the contractor's responsibility. 20 June 2014 Page 1 of 5 GrandeVille @ Town Center Winter Springs, Florida J. Indemnification-To the fullest extent permitted by law,the contractor will indemnify and hold harmless the Owner from and against all claims,damages,losses,expenses including reasonable attorney's fees,arising from the performance of their operations under this contract. K. Insurance - Unless otherwise required by the Owner,the contractor will obtain or possess the following insurance coverage (or as rates required by the Owner), and will provide Certificates of Insurance to the Owner prior to commencing operations under this contract. The insurance coverage shall contain a provision which forbids any changes or material alterations in the coverage without providing thirty(30) days prior written notice to the Owner. 1. Worker's Compensation - Provide Worker's Compensation coverage for all employees at the site location and, in case any work is subcontracted, will require the subcontractor to provide Worker's Compensation for all his employees. The limits will be statutory of Worker's Compensation. The limit for employer's liability shall be$300,000 unless otherwise required by the Owner. 2. Comprehensive General Liability - Provide coverage for all owned and non-owned vehicles for limits of not less than$1,000,000 combined single limit or its equivalent,unless otherwise required by the Owner. L. Assignment - Neither the agreement nor any of the contractor's rights or obligations hereunder may be assigned or subcontracted by the contractor without the Owner's prior written consent, which may be granted or withheld in the Owner's sole discretion. Any transfer of this agreement by merger, consolidation,liquidation or any change in ownership of or power to vote such stock on the date hereto shall constitute an assignment of the agreement for purposes of this section. M. Default and Termination - In the event that the contractor fails to perform any of its obligations under this agreement and such failure is not cured to the Owner's satisfaction within fifteen days after the Owner's written demand, Owner has the right to terminate contract. If the contractor shall become insolvent, or shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors,or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement for its reorganization, or the readjustment of its other law or statute of the United States or any state thereof, or shall consent to the appointment of a receiver, trustee or have a petition under any part of Federal bankruptcy laws, or action under present or future solvency laws or statute, filed against it, which petition is not dismissed within thirty (30) days after the filing thereof. Then in any such event, the Owner shall have the right, by written notice to the contractor, to terminate this agreement. The Owner shall have the right,at any time,and in the exercise of its sole discretion, to terminate this agreement without cause, on thirty (30) days prior written notice to the contractor. N. Guarantees - Under the landscape and irrigation installation contract there are guarantee periods for both the landscape and irrigation work. These guarantees shall be in effect during the first year maintenance and in the case were guarantees are up during the first year maintenance,the continuation of these guarantees throughout the remainder of the maintenance contract and into the extended second year period,if approved by the Owner, shall be in effect for all materials. All replacements shall be as per original specifications for plant materials and irrigation products. O. Maintenance Activity Reports - Provide typewritten monthly maintenance report by the 1 st of each month identifying any problems noted, solutions implemented or other matters affecting the overall health and appearance of the landscape. Also include in the report any proactive maintenance solutions to occur in the month to follow and any foreseeable concerns that may effect the landscape and irrigation systems. In a separate log to be kept on site, list all chemicals, pesticides, fungicides, 20 June 2014 Page 2 of 5 GrandeVille @ Town Center Winter Springs, Florida invigorants that are used on the property. List times, rates and dates of application and if available, batch numbers, serial numbers of all chemicals used. P. Safety - All materials and performance of work shall meet all current federal health and safety laws. Material safety data sheets of all supplies and chemicals used shall be posted. Additional copies of these safety data sheets shall be provided to the Owner for his files. A state licensed commercial pesticide applicator is required to be on the staff of the contractor. Q. Payment-Unless defined otherwise by the agreement,the payment terms will be as follows: The contractor shall state in the proposal a lump sum amount based on the total term of the contract (one year); further indicate the lump sum amount for each monthly payment. It will be the Owner's option as to whether the rotation of annuals is to be included in the lump sum contract or not. If not the total monthly lump sum amount will be adjusted. PART II. GENERAL CONDITIONS A. Site Policing/Debris Removal - All debris generated by landscape maintenance operations shall be routinely collected and removed from the property by landscape maintenance personnel. Landscape debris shall not be allowed to collect along roadways, walks, parking areas, lawn areas, etc., and shall not be allowed to build-up at storm drains,swales,culverts,etc.,due to the possible obstruction of proper water flow. Mowing patterns shall throw grass clippings away from all groundcover beds. Where this is not possible, remove all clippings while mowing within the proximity of groundcover beds. B. Mulching - During the course of the first year maintenance period, the contractor shall mulch all bed areas and tree rings one(1)time. Additional mulching shall be on an installed price per cubic yard. C. Weeding - Weeds shall be controlled by manual removal or in the instances of weeds that travel by underground rhizomes,chemical treatment is permitted. Chemical eradication of air borne weeds that have confined root systems is not permitted since a brown weed is just as visible as a green one. D. Pruning - Remove dead limbs and branching from trees, shrubs and groundcovers promptly as these can attract pests and disease. Pruning shall be performed to encourage the plantings to grow full and natural in their character and shape. Refer to plant specific pruning practices within this specification. E. Pesticides - A thorough inspection of all plantings and lawn areas shall be performed at least once a week by the maintenance supervisor to detect any cultural abnormalities, pest infestations or diseases. All infestations and their respective treatments shall be logged as required in the monthly maintenance log and chemical application log described in Part I/Paragraph 0-Maintenance Activity Reports. In the spirit of a proactive maintenance approach, treat known cultural problems before severe infestation such as white flies,sooty mold on crapemyrtle,azalea caterpillar,sod webworm and chinch bug control in lawns,etc.. F. Water - Irrigation quick couplers are located throughout the site and are to be used as the source of water for watering in of plant replacements or pesticide mixtures in small backpack or hand held tank sprayers. Filling of large spray trucks is not allowed on the property and shall be done off site. Normal irrigation hours are to coordinated with the Owner and are recommended to take place in the early morning hours. Manual operation of the irrigation system to check for coverage and/or problems is permitted during the day unless dictated otherwise by municipal,county,state agencies. G. Soil Testing/Fertilization - Prior to the application of fertilizers, check soil for pH and other levels of minerals that may cause problems with the intake of nutrients by the existing plants. Include soil test 20 June 2014 Page 3 of 5 GrandeVille @ Town Center Winter Springs, Florida results,fertilizer recommendations and rates in the Maintenance Activity Reports. As with the pesticide application, a proactive approach is desired for the fertilizer program. Generally, do not apply under wet conditions and thoroughly rinse fertilizer that comes in contact with leaf surfaces as well as pavement surfaces. Surficial damage to pavement shall be cleaned by the contractor at no cost to the Owner. Notify Owner as to the dates and times of fertilization. Before implementation of the maintenance work, provide to the Owner a detailed fertilization program outlining anticipated dates and formulations of fertilizers to be used for the annuals,lawns,trees,shrubs and groundcovers. H. Lawns - Unless damaged by other subsequent construction or site activities, all lawn areas are to be maintained and/or replaced(at no additional cost to the Owner)throughout the duration of the maintenance contract. If infestations of pests and/or disease seriously damage the appearance of the lawn areas in the opinion of the Owner,the maintenance contractor shall immediately replace all effect lawn areas. Mowing shall be as accepted horticultural practices for the species used on the site. Edging should be performed every other time the lawn is mowed. Neatly edge and trim all bedlines and tree rings removing 'rooted' runners that have infiltrated into bed areas. No chemical edging is permitted, mechanical edging is preferred. If line trimmers are utilized, no scalping of lawn edges is permitted to potentially reduce frequency of edging. Maintain all bedline shapes established in the original design. All lawn weeds shall be controlled and eliminated. As described above,accurate record keeping of chemicals used on the lawn areas is required. I. Annuals - Provide four (4) rotations of annuals each year during the following time frames - Winter (December, January, February), Spring (March, April, May), Summer (June, July, August), Fall (September, October,November). Variations in the times of annual replacements is anticipated with the unpredictable temperature variations in each season. Provide Owner with a schedule of rotation and selection of annuals for each season with the bid form attached to this package. Annual bed preparation prior to installation shall be as follows: 1. Test soil pH(6.0-7.0 acceptable),adjust if necessary according to soil test recommendations. 2. Remove stones,roots,grasses,weeds,debris and any other unsuitable materials. 3. Spread 2"-3"sterilized peat over the entire planting bed. 4. Apply fertilizer as required by soil tests. 5. Roto-till or manually turn the soil amendments by hand to create a uniform layer 8"-12" deep. 6. Drench planting area with fungicides and insecticides recommended for annual bed crops. 7. Install annuals at the recommended spacing for each crop specified. Inspect annual beds frequently for insects, diseases and wilt. If disease and pest infestation causes an early decline of the specified crop, replacement of effected beds shall be made at the direction of the Owner at no additional cost. J. Inspections-The Owner will make periodic reviews of the entire site to visually observe the contractor's performance relative to these maintenance requirements. The contractor will,on sole judgment of the Owner,make repairs and adjustments required to fulfill the obligations and conditions of these maintenance specifications. 20 June 2014 Page 4 of 5 GrandeVille @ Town Center Winter Springs, Florida PART III- PLANT SPECIFIC REQUIREMENTS—SR 434 FRONTAGE Refer to Plant List on the construction documents for the complete listing of plants for the project. Trees Lagerstroemia/Crapemyrtle Promote full canopy,remove only spent blooms and suckers from trunk,do not headback cut or `crape-murder'prune the canopy or full size replacement will be required Pinus sp./Longleaf Pine Remove only dead limbs or rubs,5'-6' clear trunk Quercus virginiana/Live Oak Remove dead limbs,create scaffold branching,single leader tree Syragus/Queen Palm Remove only dead fronds,remove blooms/seed pods before maturation,do not elevate Shrubs and Groundeovers Illicium/Purple Anise Maintain at 4'height,keep full to base by keeping top narrower than base Jasminum/Downey Jasmine Maintain in informal mass at 30"-36"height Lantana/Cascading Lantana Shear back 3-4 times per year,maintain at 16"-18"height Muhlenbergia cap./Hairgrass Cut back in late winter before spring flush Rosa radrazz/Knock-out Roses Cut back after full bloom several times during spring and summer,keep at 3'-4'height Rosa/Drift Rose Cut back to maintain at 12"-18"height Serenoa/Native Palmetto Remove only dead fronds Trachelospermum/Dwf.Jasmine Edge jasmine against lawn edge(leave 3"space between jasmine and lawn edge),edge shape shown on plan around shrubs and annual beds,if hard winter,set mowers on high settings and mow jasmine(be sure blades are sharp),keep at 6"-10"height Tripsacum/Dwf.Fakahatchee Gr. Cut back in late winter before spring flush Viburnum/Mrs. Shillers Delight Maintain at 24"-30"height, full to ground END OF MAINTENANCE SPECIFICATIONS FOR SR 434 20 June 2014 Page 5 of 5 Exhibit"C" WORK ZONE TRAFFIC CONTROL PLANS ATTACHED SHEETS 2015 FDOT Design Standard Index No. 611 2015 FDOT Design Standard Index No. 612 W y� Z 2 � N n K �N�m W W`C�O X:j QN V W k ti Z W�21-h ZZ F O ZE Q z>z¢O 2$ ti X0 W O¢LL 33�goo Q O I I 3 Q F I� 4 14 ab= O N a o o K "X7 -EE I Y ; N3a oN e 3 � 9� N � ~ L N ;° m C W " cN E _ EI q E 1SV y � �^ b • °i ; m m O W W a y a m e " ;cE LQ O N V1 LA c v a� v� v w T3 0 J _ � m C Q G Y u O ® N01S1A'4" 2� O N N O IJY ZS�95'L �IOZ/IZ/5 w =2 0 3 'O 2 II ,'I wa �WFO N N N N y Z O Q 2 Z in qj � � � ^N N ■ ¢ 2 W ti W V F- J o f II tl I O x = A Qn p p W a c rc Z y O y. �:: E m x a W c° " z O t c = o b. . = W 57 cc • « m c ■ �0 _U M O Y m N N N ° o o�¢ d E N 2 U l(1 Q 11 �� Q) C3 h lb tn CC ■ °~ `y� o° 3 ■ d N V M p 0 o q i � � j N � C Z � V ■ I�m W Q a w u m E Y n C E c °�' 3 ti�' 3 °c 3 H 3 a n v v e g—¢ Ln � a ❑H c LLI S W W n ¢ a m y 8 uj °s ° * w o W a y = w v h h E ca ae c NOISIA3N m� • 8 g�o O ur s�es —MM Exhibit "A" LANDSCAPE PLANS ATTACHED SHEETS Sheets 1,01.00, SR 434 Landscape, and L02.00, SR 434 Irrigation, Each signed and sealed 6-20-14, Sheet C-04, Geometry Plan, signed and sealed 6-24-14, And Boundary&Topographic Survey Sheet 1 Jun 24, 2014.