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HomeMy WebLinkAboutFlorida Department of Transportation Highway Landscape Construction and Maintenance Agreement 2008 04 15_~~ ~'~~ (ti1e~~t~N4_,~N~ CQP ~f©~~~ ~b HIGHWAY LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT ,~h THIS AGREEMENT, made and entered into this~day of Aprc 11 20~ by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, acomponent agency of the State of Florida, hereinafter called the "DEPARTMENT" and the ~~f OF W %n1~e~C. S -r1 ^r S ,apolitical subdivision of the State of Florida, existing un er the Laws of Florida, hereinafter called the "AGENCY." WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road ~ 3 7 as part of the State Highway System; and WHEREAS, the AGENCY seeks to install and maintain certain landscaping within the right of way of State Road ~{ 3 ~ ;and WHEREAS, the DEPARTMENT agrees that landscaping should be installed and maintained as proposed by AGENCY; 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 party; and WHEREAS, AGENCY, by Resolurion No. iiyD~~o9dated 2 2G ~ ~ and attached hereto as Exhibit "A," has accepted said grant and 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: 1. The AGENCY hereby agrees to install or cause to be installed landscaping on the highway facility as specified in the Landscape Plan(s) included as Exhibit "B." Such installation shall be in conformance with Florida Administrative Code Rule 14-40.003, as it may be amended from time to time, and the Florida Highway Landscape Guide, which is incorporated into Rule 14-40.003 by reference. The AGENCY shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. 2. The AGENCY agrees to maintain the landscaping 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(3)(a)5. 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(5). 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 is not completed in accordance with the plans in paragraph 1, the DEPARTMENT may complete the installation, with DEPARTMENT or Contractor's personnel, and deduct the reasonable cost thereof from the money otherwise due the AGENCY under this AGREEMENT. (b) If installation has been properly completed or if the DEPARTMENT elects not to complete the landscaping under (a) above, and maintenance by AGENCY is not in compliance with paragraphs 2 or 3, the DEPARTMENT 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 (c) 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 shall own any materials remaining. 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 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 AGENCY shall be given sixty (60) calendar days notice to remove said landscaping/hardscape after which time the DEPARTMENT may remove the same. 6. AGENCY may utilize its employees or third parties to accomplish its obligations under paragraphs 1, 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. The term of this AGREEMENT commences upon execution. 8. 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. 9. This AGREEMENT may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 10. 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. 11. 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 on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on 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. 12. Anti-Discrimination - An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on 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. C j.}-t' oE= ~,,~1,•j}~efLSpr%n~5 STATE OF FLORIDA (AGENCY DEPARTMENT OF TRANSPORTATION By: ~- r ~ ~ • ayor or Chair~rtan Atte (SP Clertt/Director Legal Approval 13y: District Secretary Attest: (SEAL) Ex tive Secretary egal Approval RESOLUTION NUMBER 2007-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, many roadside areas and median strips abutting Department of Transportation rights-of--way areas must be maintained and attractively landscaped; and WHEREAS, the Mayor and City Commission desire that the City of Winter Springs beautify and maintain various rights-of--way areas within the City of Winter Springs by landscaping to a higher standard than provided by FDOT; and WHEREAS, the Mayor and City Commission of the City of Winter Springs wish to authorize the City Manager to-enter into a Highway Landscape Construction and Maintenance Memorandum of Agreement between the City of Winter Springs and the Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION I -The City Commission of the City of Winter Springs hereby authorizes the City Manager to enter into a Highway Landscape Construction and Maintenance Memorandum of Agreement between the City of Winter Springs and the State of Florida Department of Transportation in a form acceptable to the City Commission. SECTION II -The City Clerk of the City of Winter Springs is hereby directed to send copies of this Resolution to the Department of Transportation and all other persons as directed by the Mayor and City Commission. SECTION III -This Resolution shall take effect immediately upon its passage and approval. Passed and adopted this 26`t' day of Februar~_2f1tI?. ATT T: CITY ERK OF NTE~ PRINGS, I± LORIDA J F. BUSH, I~+IAYOR Exhibit `B' Landscape Plans Project Area: SR434 (Medians) between Central Winds Boulevard and Tuskawilla Road in Winter Springs. SR434 Median End Cap `Paver 'Project, Section 77070002, Seminole County • Outdoor Design Works, Inc. Rev. 1/08/08 (7 pgs) Separate Document ~ Xh r Q-~-- `Cr ~ ~ ~s ~ M~l~ ~-~ ~ SECTION 00700 GENERAL CONDITIONS 1. SCOPE The scope of work includes furnishing landscape maintenance services for SR 434 Medians, Rights of Way and Ponds, including all labor, equipment, tools, materials, and incidentals, and performing of all operations necessary as described in the Project Manual and attachments. 2. ENGINEERS (not used) 3. APPLICABLE SPECIFICATIONS AND REQUIREMENTS All work to be pertormed on this project shall conform to applicable specifications and requirements included (or referenced) in these Contract Documents. 4. PERMITS AND REGULATIONS The Service Provider shall procure and pay for all permits, licenses, and bonds necessary for the prosecution of the Work, and/or required by municipal, State and federal regulations, laws and procedures, unless specifically provided otherwise in the Contract Documents. The Owner shall provide all required easements. The Service Provider shall give alt notices, pay all fees, and comply with all federal, state and municipal laws, ordinances, rules and regulations and codes bearing on the conduct of the Work. This Contract, as to all matters not particularly referred to and defined herein, shall notwithstanding, be subject to the provisions of all pertinent ordinances, codes and normal regulatory procedures of the municipality or other political subdivision within whose limits the Work is constructed, which ordinances, codes and procedures are hereby made a part hereof with the same force and effect as if specifically set out herein. 5. PERFORMANCE AND PAYMENT BONDS (not used) 6. BID BOND (not used)(See Section 00100, paragraph 1.4 B) 7. INSURANCE AND HOLD HARMLESS INDEMNIFICATION (see SECTION 00500, Paragraph 16.0) Hold Harmless Agreement - To the fullest extent permitted by laws and regulations Service Provider shall indemnify and hold harmless Owner and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expenses (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of Service Provider, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. In any and all claims against Owner or any of their consultants, agents or employees by any employee of Service Provider, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Service Provider or any such 24 Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Service Provider's Liability Insurance -The Service Provider shall not commence any work under this Contract until he has obtained all insurance required under this paragraph. Service Provider shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth which may arise out of or result from Service Provider's performance and furnishing of the Work and Service Provider's other obligations under the Contract Documents, whether it is to be performed or furnished by Service Provider, by any Subcontractor, by anyone directly or indirectly employed by any of them to pertorm or furnish any of the Work, or by anyone for whose acts any of them may be liable. The insurance required by this paragraph shall include the specific coverage's and be written for not less than the limits of liability and coverage's provided or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. The comprehensive general liability insurance shall also include Contractual Liability Insurance applicable to Service Provider's obligations under the Hold Harmless Indemnification. All of the policies of insurance so required to be purchased and maintained (or the certificates or their evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given to Owner by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when Service Provider may be correcting, removing or replacing defective work in accordance with the Contract Documents. Service Provider's General Liability Insurance shall include the Owner, and Owner's consultants as insured or additional insured which may be accomplished by either an endorsement of Service Provider's Comprehensive General Liability policy or by Service Provider's carrier issuing a separate protection liability policy. Various types of coverage and corresponding limits are further described under Article 16.0 of the Agreement (Section 00500). 8. SALES TAX The Service Provider shall include in his bid, and shall pay, all Florida State sales tax and other local, State, and Federal taxes in accordance with existing laws and regulations. 9. LAYOUT OF WORK (not used) 10. CHANGES IN THE WORK The owner may, at any time, or from time to time, without invalidating the Agreement order alterations, deletions or revisions in the Work by written Change Order or Field Order. Upon receipt of any such order Service Provider shall promptly proceed with the Work involved which shall be performed under the applicable conditions of the Contract Documents. Any deviations from these specifications, plans and contract documents, must be approved by the Owner in advance of the construction either by a written and executed Change Order or a written Field Order. The Service Provider agrees that he will do such work as may be required for the proper execution of the whole work herein contemplated, including all labor, equipment and materials reasonably necessary for the proper completion of the work. The Service Provider agrees that he will make no claim for extra work unless that material or work is not covered by, or properly inferable from the Contract Documents. If the Service Provider makes a claim for an extra or additional cost and requests a Change Order be issued prior to performing the work, and the Owner renders a decision denying such request, the Service Provider must notify the Owner in writing within 3 days of the time that the Service Provider is informed of the Owner's decision. Otherwise the Owner will not consider any such difference as a claim for a Change Order or additional payment or time. Any such written notice received by the Owner from the Service Provider within the 3-day period shall be just reason for the Owner to re-evaluate his previous decision. 11. DEFINITION AND COORDINATION OF CONTRACT DOCUMENTS The Advertisement for Bids, Proposal and Agreement, General Conditions, Special Conditions, and addenda, any change orders, the drawings and specifications, and any supplementary documents are essential parts of 25 this contract, and together constitute the Contract Documents. Any item shown on the drawings shall be considered as included in the specifications, whether specifically mentioned therein or not, and vice versa. Any errors or omissions as to standards or work in the drawings and specifications shall in no way relieve the Service Provider of the obligation to furnish afirst-class job in accordance with the best standard practice and in accordance with the intent of the Contract Documents. A. Incase of conflict, the precedence of the Contract Documents shall be as follows: 1. Service Provider's Bid (Proposal) and Agreement 2. Change Orders 3. Special Conditions 4. Advertisement 5. Instructions to Bidders 6. General Conditions 7. Drawings An addendum issued prior to bid, may modify any of the contract documents in existence at that time. The addendum takes precedence over the previous issue of the contract document being modified. 12. FINAL DRAWINGS (not used) 13. CONSTRUCTION SCHEDULE (not used) 14. PAYMENTS The Contractor shall give a detailed invoice and written report at the end of each month describing the work performed at each of the designated locations listed in this agreement. If any repair work, or plantings were made during the month, a detailed description of the work performed, plantings and/or repairs are to be listed with their respective locations and attached to the invoice. The City Representative prior to processing for payment will review these invoices. In case of any conflicts, an inspection of the area and work in question will be made by the City Representative and an authorized representative of the Contractor at a time agreed upon by both parties not more than five (5) working days after receipt of invoices. Once the City Representative has approved the invoices, payment will be thirty (30) days thereafter. A. Payments may be withheld if: 1. Work is found defective and not remedied; 2. Repairs or replacements have not been made for which the Contractor is responsible; 2. Contractor does not make prompt and proper payments to subcontractors; 3. Contractor does not make prompts and proper payments for labor, materials, or equipment furnished him; 4. Another Contractor is damaged by an act for which Contractor is responsible; 5. Claims or liens are filed on the job; or 6. In the opinion of the City of Winter Springs, Contractor's work is not progressing satisfactorily. 15. PAYMENTS WITHHELD The Owner will disburse, and shall have the right to act as agent for the Service Provider in disbursing such funds as have been withheld pursuant to Section 00700, paragraph 14, to the party or parties who are entitled to payment therefrom. The Owner will render to the Service Provider a proper accounting of all such funds disbursed in behalf of the Contract. 16. OWNER'S RIGHT TO TERMINATE THE CONTRACT (see SECTION 00500, Paragraph 20.0) 17. GENERAL GUARANTEE (not used) 18. APPAREL All service provider personnel shall maintain a professional, neat and appropriate appearance when on job site in order to reflect the standards of the community. Marked uniforms shall be worn when working on the project. Footwear shall conform to the appropriate OSHA standards. 26 SECTION 01010 SUMMARY OF WORK 1. GENERAL 1.1 Work Covered by Contract Documents A. The work to be performed under this Contract consists of landscape maintenance services for SR 434 Medians, Rights of Way, and Ponds. Perform all work in accordance with the Contract Documents. Furnish all materials, equipment, tools, and labor which are reasonably and properly inferable and necessary for the proper completion of the work, whether specifically indicated in the Contract Documents or not. B. During the contract period, or part thereof, the service provider shall coordinate its work with the City's Representative. The service provider shall provide chemical application services and irrigation maintenance services as prescribed in the project manual. Payment for these services shall be in accordance with the unit prices established herein. C. The Contractor shall be obligated, at its expense, immediately or promptly to repair to the City's Representative's satisfaction, any damage to exterior plantings, or irrigation systems or any other property within the areas specified in this agreement. In the event the contractor has not repaired any such damage within reasonable time, as determined by the City's Representative, the City may repair such damage and deduct such cost from the next payment due to the Contractor. The Contractor shall be liable to the City for any such cost in excess of the amount deducted by the City. D. The Contractor shall be obligated to immediately notify the City Representative verbally and follow in writing within twenty-four (24) hours after the event of any damage which the Contractor discovers, or should have discovered in the exercise of reasonable care, whether or not such damage was caused by the Contractor. E. Prior to the commencement of work on this contract, an authorized representative of the Contractor and the Designated Representative of the City may perform a video condition survey of all exterior plantings at each of the designated areas of the City covered by this Agreement. The Contractor and the City shall jointly prepare and sign a written report of the condition survey which shall describe the condition and location of all unhealthy plants During the 30 day period preceding the expiration of the term of this Agreement, or, in the event of an earlier termination a 30 day period following the termination, a final condition survey may be made jointly by the City Representative and the Contractor. This survey shall establish a punch list of plantings and material that do not meet the specifications and that must be replaced prior to the final completion of the contract. If the plantings and materials so identified are not replaced, an appropriate amount shall be withheld from the final payment. 2. CONTRACT 2.1 General A. This project shall be a unit price contract. B. The project as shown on the Attachments and described in these specifications constitutes the work to be performed under this contract. 27 3. SAFETY REQUIREMENTS 3.1 General A. Any equipment and tools used in performing the work under this Agreement shall conform to the Florida Department of Transportation-Manual of Uniform Traffic Devices. B. Equipment shall be maintained in good repair, shall be fueled on concrete surfaces only, and shall be provided with the proper noise reduction and safety devices as prescribed by the Occupational Safety and Health Administration (OSHA). END OF PAGE 28 SECTION 01010 ITB 015/Oti/SR SUMMARY OF WORK SCHEDULE OF LANDSCAPE MAINTENANCE SERVICES MAINTENANCE CODE FREQUENCY 1. MOW A. WEEKLY 2. TRIM HEDGES B. BI-WEEKLY 3. WEEDEATER C. MONTHLY 4. MULCH-3" DEEP D. SEMI-ANNUAL 5. EDGING E. AS NEEDED 6. WEEDING F. ANNUALLY 7. PRUNING G. 3 TIMES A YEAR 8. TRASH PICK-UP H. BI-MONTHLY 9. CHEMICAL PROGRAM (AS PER SECTION o»oo-~~) I. AS REQUESTED 10. ANNUALS J. PER PROGRAM 11. CUTTING NATIVE GRASSES (CUT BACK NO MORE THAN 50'/) 12. IRRIGATION MAINTENANCE (SR 1 ~-92 to SR 419 - {2} Controllers, 1 zone at Post Office Pond) 13. TRIMMING OF CRAPE MYRTLE TREES (Not in contract price) 14. PERENNIAL PEANUT MAINTENANCE PROGRAM (PerIFAS Pub. HS960) MAINTENANCE/FREQUENCY CODE SEASONAL VARIATION A B MONTH MONTH ITEM# 8 DESCRIPTION 03/01 THRU 09/30 10/01 THRU 02/28 1. MEDIANS (SR 419 to SR 417) 1A,2A,3A,5A,7E,8A, 16,2E,36,4F,5E,8A,6E 6E,9J,11F,101,12J,131, 9J,13F,7E,2E,101,12J, 14J 14J 2. RIGHTS OF WAY 3. PONDS LOCATIONS AND SCOPE 1A,2B,3A,5A,6A,8A, 16,2E,36,4F,5E,6E, 7E,9J,12J,101,14J 8A,7E,9J,12J,101,14J 16,2E,36,56,86,12J 1E,2E,3E,4F,5E,8B, 11 E,6E,7E 11 E,6E,7E,12J 1. MEDIANS (SR 434) From intersection at SR 17-92 to SR 417 overpass (including median east of SR 417 overpass). 2. RIGHTS of WAY (SR 434) Both sides of roadway on SR 434 from Talmo St to SR 417 (to roadway sign east of overpass on south side R.O.W.) Service area is from curb to minimum of 5' behind sidewalks and planter bed areas (where applicable and wider as necessary). To include gazebo areas located at Moss Road and Winter Springs Elementary (SR 434 frontage). 3. PONDS (SR 434) Pond 1 - at intersection of Consolidated Services Rd. and SR 434. Pond 2 -between Stone Gable Subdivision and Winding Hollow Subdivision. Pond 3 -adjacent to Post Office (Includes pond in front and back. Irrigation along front fence included). Pond 4 -north side of SR 434 west of Tuscora Blvd. 29 SECTION 01100 TECHNICAL SPECIFICATIONS SPECIFIC TASKS (All specifications are as follows unless otherwise specified in the Schedule of Landscape Maintenance Services.) 1.0 MOWING The mowing of all grassed areas shall be no less than once every seven (7) days in the heavy growing season. Mowing shall be no less than bi-weekly, or as instructed by the City's Representative, during the dormant growing season. Dormant and heavy growing seasons are dictated by the weather and therefore may change per the City's Representative, but otherwise shall be: Heavy Growing Season -March 1 thru Sept 30. Dormant Growing Season -Oct 1 thru Feb 28. All bahia grassed areas will be mowed to a height of 3 inches on average, depending upon established grass needs, by a rotary finish mower style machine. At no time shall more than one-third (1/3) of the leaf surface be removed in one mowing. Prior to mowing and trimming any turt and bed areas; paper, bottles, cans and all other debris (as well as misplaced dirt or sand) must be removed from areas immediately bordering site and actual site locations. Areas are to look clean and neat and free of debris at all times. Any clipping, trimming debris will be removed from site as work is completed, or at the end of each day that work is performed. Lawn clippings may be left on the turt areas so long as no readily visible clumps remain on the grass surface after mowing. Otherwise large clumps of clippings will be collected and disposed of by Contractor. In case of fungal disease outbreaks, all clippings will be collected and properly disposed of until disease is undetectable. 2.0 MULCHING Mulching to be performed at regular intervals during the winter months in order to keep planted areas neat and freshly maintained. Mulch depth to be a minimum of three (3) inches and placed, not dumped, as well as kept from around the immediate base of shrubs. Certified Pine Bark mulch is to be used unless otherwise instructed by the City's Representative. 3.0 EDGING Edging of all walks, curbs, edging of pavements, hardscapes, and grass invasion shall be done weekly during the heavy growing season and bi-weekly for the remainder of the year. All grass and dirt to be blown off onto grass areas only. No debris shall be blown onto hard surfaces or into shrub or flower beds. Schedule for edging of soft surfaces such as turf, bed borders, and ground cover shall be performed bi-weekly or more as needed. 4.0 WEEDEATING Areas inaccessible to mowing equipment shall be kept neat and trimmed as needed. Trimming of grass and weeds around any fixed objects (walls, light posts, light fixtures, equipment boxes, pond structures, sign posts, guard rails, fences, and trees) will be done through chemical control within a limit of six inches (6") maximum or mechanical trimmer so as not to inflict damage of any kind to structure, equipment or tree. Weed eating or mechanical trimming of ponds shall be done to the waters edge. 30 5.0 PRUNING SHRUBS AND ORNAMENTALS Pruning of plants shall be performed as needed to remove dead wood harboring insects and disease and to promote maximum health and growth. The finding of insects or disease shall be reported immediately to the City Representative so as to limit losses. Aesthetic pruning shall consist of removal of dead or broken branches. Pruning shall be performed to balance infiltration light to enhance new growth. Small leafed shrubs, such as pittosporum, azaleas and Indian hawthorn, etc., are to be kept trimmed in a tight, neat appearance, with removal of partial new growth after no more that four inches of new growth appears. Larger leafed shrubs, such as viburnum, may attain new growth reaching from 2" to 4" before removal. But at no times are shrubs to display a disorderly appearance. Ornamentals, such as crinum lilies, are to be trimmed aggressively during the rainy season to be kept neat and fungus free. This may be as frequent as every other week. Sago palms are to be trimmed a minimum of three times a year, or more often, as needed, depending on growth and health. Azaleas are to be trimmed at regular intervals as described above with the exception of the months of October thru March when no trimming should be done to achieve maximum flowering. Wax myrtles are to be trimmed aggressively in order to maintain a neat, compact habitat. At no time is an herbicide to be used to rid plants of sucker growth. Instead, hand pulling or aggressive trimming routine is to be established. All ornamentals that produce any dead members (i.e., coontie, sage, aztec grass, holly fern, etc.) are to be systematically checked and cleaned with special attention to early spring cleanup. 6.0 PLANT REPLACEMENT The Contractor shall be responsible for replacing any plant materials that die or become damaged to the point that the plant grade is less than Florida Number 1 as a result of neglect or damage caused by the maintenance operation. Replacement material shall be identical to plant species, quality and specifications of the materials at the time the loss occurs. 7.0 TREE TRIMMING Alt trees, except Crape myrtles, are to be trimmed as often as necessary to meet public safety requirements and comply with ISA industry standards. Trimming of established trees shall be to a maximum of ten (10) foot under canopy and pruned just outside the branch collar by the Service Provider. New or young trees are to be pruned with an ideal under canopy of seven (7) feet or to a suitable and healthy height for each tree. Sucker growth is to be removed by hand or trimmer from the base of a tree. Herbicides are not to be used for this purpose. Palms are to be trimmed regularly to ensure the absence of seed pods and dead or dying fronds dropping to the ground and not as severely as the hurricane cut; using the 9/3 rule. Ligustrum and Holly trees are to be maintained per industry standards or as specified by City's Representative. In Rights-of-Way areas along sidewalks and roadways, vines and small limbs may grow out and disrupt pedestrian or vehicular traffic, such obstacles are to be removed as needed during the service schedule by way of pruning shears or a hand saw. Approved traffic (M.U.T.C.D.) warning devices shall be used when necessary to provide safety to persons and vehicular traffic within any areas undergoing pruning. Work will be scheduled after consulting with the City's Representative. 8.0 WEEDING Weeding of all plant bed areas is to be as often as necessary to conform with the shrub trimming schedule, to control weed population and maintain healthy plants. Remove weeds, vines and "voluntary" seedlings from planting beds as needed. Weed control in landscaped areas will be accomplished by hand weeding and/or application of round-up and apre-emergent herbicide, if needed. All weeds in sidewalks, hardscapes, drains, curb lines, or other paved areas shall be chemically controlled or removed by hand. 9.0 ANNUALS (As Requested) Annuals are to be changed as requested. A quantity of (as directed) annuals of 4" full bloom is to be determined by Owner or City's Representative for each seasonal change. A schedule shall be determined and agreed upon by both Owner and Service Provider. Bed preparations are to consist of 14-14-14 Granular 31 fungicide and Cavalier Subdue GR. along with any added soil preparations or enhancements needed to facilitate strong healthy growing annuals. 10.0 IRRIGATION (SR 419 west to SR 17-92 - {2} Controllers located at Moss Rd. and Belle Ave., {1} Zone at front of Post OfFce Pond.) Irrigation checks shall be performed (2) two times per month at minimum. Details of the inspection shall be recorded on a log sheet (to be submitted with the monthly billing) and shall consist of the following: 1. Turning on each zone and inspecting each head for the proper coverage, including straightening, or adjusting the flow of water and adjusting or unclogging any heads. 2. Repairing broken heads and lateral lines, as necessary. 3. Checking the irrigation controller(s) for proper operation and programming. 4. Checking all zone valves for proper open and closure, making sure to inspect for leaking from the mainline. 5. Checking water source for leaking and visual inspection of backflow device, if present. 6. Visually inspect turf, planters and trees in irrigated areas for signs of drought stress and effect adjustments and/or repairs to remedy the issue. The Service Provider shall submit a detailed report, at the time of billing of each monthly service, consisting of the clock and location, each zone by number, and any repairs or work pertormed during that service. All parts used will be itemized on the bill with a maximum of 250.00 without VERBAL approval during the regular monthly scheduled maintenance visits. If additional cost approval is needed for repairs, the Owner or City Representative must be given a report of the repair and the cost involved before the work is to be performed. No payment will be made for heads or parts damaged by the Service Provider. Service Provider shall immediately repair any and all damaged property within the areas specified in this agreement to meet original specifications with commercial quality irrigation parts. All work pertormed by Contractor to meet industry standards. All labor required to repair or replace defective parts is included in the contract price except when repairing valves, main lines or lateral lines (over 1 %"), clock or wiring problems, or lines under sidewalks or roadways. Labor cost for these services is established in the bid calculation sheet of SECTION 00300, BID FORM. Material costs shall be paid on the basis of approved wholesale documented cost plus 15% for overhead and profit. Contractor is to immediately notify Owner if a mainline leak is noticed. Should the Service Provider need to shut down the mainline for any reason, the Owner must be contacted immediately. 11. CHEMICAL PROGRAM (Applies to irrigated areas only unless noted} FERTILIZATIONIPEST CONTROL- TURF The program shall meet or exceed the University of Florida Cooperative Extension Services yearly calendar for sod care and culture, and good horticultural practices standards. The program shall be based on soil samples taken at random from various areas of the site, in sufficient number so as to be characteristic of the areas to be fertilized. The cost of the securing and analyzing the soil samples shall be included in the bid. The results of the soils sampling shall be reported to the City representative. Soil amendments, nutrients, pesticides, fungicides, and any other chemicals deemed proper and beneficial or are required to maintain the turf and plant material by the Contractor shall be included in the fertilization program at no additional cost. All fertilizers shall always contain minor elements. A minimum of one (1) fertilization (granular) shall be applied to all irrigated Bahia grass annually in mid- summer (unless otherwise specified). No chemical application shall be made to non-irrigated Bahia grass. Spot treatments of insecticide and/or fungicide may be necessary throughout the year due to varying field conditions. Such additional treatments shall be deemed to be included in the contract price. 32 Perennial Peanut shall be addressed as per maintenance specifications found in IFAS Publication HS960 (attachment #1 to Project Manual). All care and chemical treatments are deemed to be included in the contract pricing. Applications of fertilizer shall follow Cooperative Extension Service suggested guidelines and sound horticultural practices. Any turf areas or landscape materials, killed or damaged as a result of over-fertilization or lack of chemical application will be re-established to an acceptable condition. FERTILIZATION/PEST CONTROL-TREES AND SHRUBS The spraying of irrigated shrubs (and trees less than 4" caliper) shall be done in accordance with F.S. Chapter 482 Pest Control and suggested methods of the Cooperative Extension Service. A minimum of three (3) applications (2 granular) of fertilization, insect, and disease control material shall be applied to irrigated shrubs (and trees less than 4" caliper) during the contract period. A minimum of one (1) application (granular) of fertilization shall be applied to non-irrigated shrubs (and trees less than 4" caliper) during the contract period. Additional spot treatments deemed to be necessary for the effective control of harmful disease and insect infestations shall be applied as needed. These additional applications shall be deemed to be included in the contract price. PLANT REPLACEMENT The Contractor shall be responsible for replacing any plant materials or sod areas that die or become damaged to the point that the plant grade drops below Florida Number 1 as a result of neglect or damage by the Fertilization, Pest, or Disease Control Program operation. Replacement material shall be identical to plant species, quality, and specifications of the materials at the time the loss occurs. TURF, TREE, AND SHRUB CARE PROGRAM TURF ANALYSIS Lawn analysis reports are to be provided to the City Representative at each service. Items to be evaluated are as follows: Overall Turt Condition Thatch Color, grade, density, and maintenance condition Thatch problem evident, Thatch present, but no problem at this time, No thatch problem, Renovation recommended, and Vertical Cutting recommended Presence of Grass-type Weeds Annual bluegrass, Quackgrass Crabgrass, Sandbur Dallisgrass, Sedges, and Goosegrass, Smutgrass Presence of Broadleaf Weeds Betony, Knotweed, Beggarwood, Black Medic, Lespendeza, Thistle, Buttonweed, Matchweed, Henbit, Centella, Oxalis, Spurge, Chickweed, Plantain, Ground Ivy. Dandelion, Pusley, Dollarweed, Purslane, 33 Detection of Insects Armyworm, Chinch Bug, Cutworm Fire Ant, Mole Cricket, Sod Webworm. White Grub, Ox Beetle Detection of Diseases Brown Patch, Dollar Spot, Grey Leaf Spot, Pythium Blight TREATMENT Fairy Ring, Leaf Spot, . Necrotic Ring Spot, Root Rot. Timely and prompt treatment is to be performed on all areas detected with problems and areas at risk. A 7-10 day follow-up appointment is to be set with the City Representative to ensure eradication of disease or pest problems. Subsequent visits, if necessary, are to be scheduled until the problems no longer exist. DAMAGE/REPLACEMENT Damage to materials and any required replacements are to be addressed no later than thirty (30) days from the date of detection. PROJECT PROGRAM The turt program will consist of both pre and post emergent weed controls, fertilizer with potash, micronutrients and iron to encourage proper growth, root development and maintain a lush, green conditions that is expected. In addition, a disease, weed, pest and fungal control program shall be instituted that includes but is not limited to: treatment for broadleaf weeds, a blanket insecticide control to target specific pest populations especially sod webworm, chinchbugs and mole crickets, and a target specific fungicide for infected materials. Crabgrass can be addressed as required by applying anon-selective herbicide directly onto the infested turt areas while limiting application to only crabgrass infested areas. Chemicals for crabgrass treatment are changing and new applications approved for treatment of crabgrass may be used as needed and/or specified by the City of Winter Springs. The ornamental program will consist of insect controls to effectively control sucking and piercing insects such as aphids, lacebugs, whitefly,scale and trips. The insect control will be a combination of a granular systemic control, and liquid insecticides. Fertilization of micronutrients and iron shall be used consisting of a specially blended slow release granular fertilizer for timely feedings of plants. Liquid tree injections may be done on an as needed basis. The Contractor must stagger the treatments of the turf and the ornamental applications so that someone will be on the property twelve (12) times per year. After each treatment is performed, a detailed report shall be submitted to the Owner/Representative for analysis and discussion. 34 Exhibit `D' Maintenance of Traffic (MOT) Plan Project Area: SR434 (Medians) between Central Winds Boulevard and Tuskawilla Road in Winter Springs. SR434 Median End Cap `Paver' Project, Section 77070002, Seminole County The Florida Department of Transportation Roadway and Traffic Design Index Series 600 (Indices 611, 612, and 613) and Florida Administrative Code Rule 14- 40 shall be followed pursuant to work performed for this project. Work shall occur Weekdays between the hours of lam to Spm. If negative weather conditions occur such as: rain or the threat of storm activity, work will be aborted until weather conditions improve. There are no planned lane closures for this project, however, there are lane closure restrictions for this area of SR434: Weekdays (lam to Spm Eastbound) and (ham to 7pm Westbound). If an unplanned lane closure becomes necessary, the local Oviedo Maintenance Unit shall be notified no less than 48 hours prior to the activity. All work shall be done exclusively in the center medians and no vehicle or equipment shall be allowed to protrude into the SR434 roadway. Construction Phasing Phase I -Demolition Any plant material or vegetation not remaining shall be removed and properly disposed of from the worksite. Rough grading and soil amendments will occur. Phase II -Installation Final grading, paver layout, paver installation and plant installation will occur. Phase III -Completion Pruning of plant material, staking, and final manual site work will occur. Mulching will follow immediately thereafter. The site will be cleaned of any remaining debris at this time. HIGHWAY LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the "DEPARTMENT" and the Ol'.;~ Ot=" W",.J4e~ 5 ,rl"'~.s , a political subdivision of the State of Florida, existing un er the Laws of Florida, hereinafter called the "AGENCY." WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road L( 1'1 as part of the State Highway System; and WHEREAS, the AGENCY seeks to install and maintain certain landscaping within the right of way of State Road~; and WHEREAS, the DEPARTMENT agrees that landscaping should be installed and maintained as proposed by AGENCY; 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 party; and WHEREAS, AGENCY, by Resolution No. ).00 7-0r dated ~ I~, 101 , and attached hereto as Exhibit "A," has accepted said grant and 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 Planes) 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 incorporated into Rule 14-40.003 by reference. The AGENCY shall not change or deviate from said planes) without written approval of the DEPARTMENT. 2. The AGENCY agrees to maintain the landscaping in accordance with the Landscape Maintenance Planes) 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(3)(a)5. 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 planes) 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 Planes) included as Exhibit "D" and Florida Administrative Code Rule 14-40.003(5). 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 is not completed in accordance with the plans in paragraph 1, the DEPARTMENT may complete the installation, with DEPARTMENT or Contractor's personnel, and deduct the reasonable cost thereof from the money otherwise due the AGENCY under this AGREEMENT. (b) If installation has been properly completed or if the DEPARTMENT elects not to complete the landscaping under (a) above, and maintenance by AGENCY is not in compliance with paragraphs 2 or 3, the DEPARTMENT may take action to maintain the landscaping or a part thereof, with DEP ARTMENT or Contractor's personnel and invoice the AGENCY for expenses incurred, or (c) 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 shall own any materials remaining. 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 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 AGENCY shall be given sixty (60) calendar days notice to remove said landscapinglhardscape after which time the DEPARTMENT may remove the same. 6. AGENCY may utilize its employees or third parties to accomplish its obligations under paragraphs 1,2 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. The term of this AGREEMENT commences upon execution. 8. 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. 9. This AGREEMENT may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 10. 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. 11. 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 on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on 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 of36 months from the date of being placed on the convicted vendor list. 12. Anti-Discrimination - An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods .or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on 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. Cif{ of ~1~Spr~~5 (AGENCY) STATE OF FLORIDA DEPARTMENT OF TRANSPORT A nON By: District Secretary Attest: (SEAL) Executive Secretary Legal Approval Legal Approval RESOLUTION NUMBER 2007-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, many roadside areas and median strips abutting Department of Transportation rights-of-way areas must be maintained and attractively landscaped; and WHEREAS, the Mayor and City Commission desire that the City of Winter Springs beautify and maintain various rights-of-way areas within the City of Winter Springs by landscaping to a higher standard than provided by FDOT; and WHEREAS, the Mayor and City Commission of the City of Winter Springs wish to authorize the City Manager to enter into a Highway Landscape Construction and Maintenance Memorandum of Agreement between the City of Winter Springs and the Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION I - The City Commission of the City of Winter Springs hereby authorizes the City Manager to enter into a Highway Landscape Construction and Maintenance Memorandum of Agreement between the City of Winter Springs and the State of Florida Department of Transportation in a form acceptable to the City Commission. SECTION II - The City Clerk of the City of Winter Springs is hereby directed to send copies of this Resolution to the Department of Transportation and all other persons as directed by the Mayor and City Commission. SECTION III - This Resolution shall take effect immediately upon its passage and approval. Passed and adopted this 26th day of February. 2007. OF~~S' FLORIDA F. BUSH, MAYOR City of Winter Springs Memo To: City Clerk's Office From: Steven T. Richart, UBSOM cc: Date: April 5, 2007 Re: FOOT HLCMMOA - Signatures Please have (5) originals of the attached documents executed by the appropriate parties and kindly retum them to me for submittal to the Florida Department of Transportation (FDOT), Oviedo Office. The attached agreements are in connection with Commission approved Item 401 on February 26, 2007 regarding the installation and maintenance of brick pavers and landscaping in the SR 434 medians. I will forward an executed original to your office once I receive it back from FOOT. Thank you very kindly. Steven 1