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within the travel way to the right of way line , including paver sidewalks , paver intersections <br /> and all paver header curbs , stamped asphalt and concrete areas . It shall be the responsibility <br /> of the AGENCY to restore an unacceptable ride condition of the roadway caused by the <br /> differential characteristics of the paver brick and/or the header curb on Department of <br /> Transportation right-of-way within the limits of the Project. Such maintenance to be provided <br /> by the AGENCY is specifically set out as follows : <br /> To maintain, which means the proper watering and fertilization of all plants and keeping <br /> them as free as practicable from disease and harmful insects ; to properly mulch the plant <br /> beds ; to keep the premises free of weeds ; to mow and/or cut the grass to a proper length; to <br /> properly prune all plants which includes ( 1 ) removing dead or diseased parts of plants, or (2) <br /> pruning such parts thereof which present a visual hazard for those using the roadway. To <br /> maintain also means removing or replacing dead or diseased plants in their entirety, or <br /> removing or replacing those that fall below original project standards . All plants removed <br /> for whatever reason shall be replaced by plants of the same size and grade as specified in the <br /> original plans and specifications . To maintain also means to keep the hardscape areas free <br /> from weeds and replacement of any areas becoming in disrepair so as to cause a safety <br /> hazard . To maintain also means to keep litter removed from the median and areas outside <br /> the travel way to the right of way line . Plants shall be those items which would <br />be <br /> scientifically classified as plants and include but are not limited to trees, grass , or shrubs . <br /> The above named functions to be performed by the AGENCY, may be subject to periodic <br /> inspections by the DEPARTMENT at the discretion of the DEPARTMENT . Such <br /> inspection findings will be shared with the AGENCY and shall be the basis of all decisions <br /> regarding, repayment, reworking or agreement termination. The AGENCY shall not change <br /> or deviate from said plans without written approval of the DEPARTMENT . <br /> 3 . If at any time after the AGENCY has assumed the landscape installation and/or maintenance <br /> responsibility above -mentioned, it shall come to the attention of the DEPARTMENT ' s <br /> District Secretary that the limits or a part thereof is not properly maintained pursuant to the <br /> terms of this Agreement, said District Secretary may at his option issue a written notice that a <br /> deficiency or deficiencies exist(s) , by sending a certified letter to the AGENCY, to place said <br /> AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) <br /> calendar days within which to correct the cited deficiencies . If said deficiencies are not <br /> corrected within this time period, the DEPARTMENT may at its option, proceed as follows : <br /> (a) Maintain the landscape or a part thereof, with DEPARTMENT or contractor ' s <br /> personnel and invoice the AGENCY for expenses incurred, or <br /> (b) Terminate the Agreement in accordance with Paragraph 7 of this Agreement and <br /> remove, by DEPARTMENT or contractor ' s personnel , all of the <br /> landscape/hardscapes installed under this Agreement or any preceding agreements <br /> except as to trees and palms and charge the AGENCY the reasonable cost of such <br /> 2 <br />