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sidewalk ; ( 3 ) preventing any other potential roadway hazards . Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees , shrubs , groundcover and turf. To maintain also means to remove or replace dead or diseased plants in their entirety , or to remove or replace those that fall below original project standards . Palms shall be kept fruit free year round . To maintain also means to keep the header curbs that contain the specialty surfacing treatment in optimum condition . To maintain also means to keep the hardscape areas free from weeds and to repair said hardscape as is necessary to prevent a safety hazard . To maintain also means to keep litter removed from the median and areas outside the travel way to the right of way line . All plants removed for whatever reason shall be replaced by plants of the same species type , size , and grade as specified in the original plans and specifications . Any changes to the original plans shall be submitted by permit application to the DEPARTMENT for review and approval . C . If it becomes necessary to provide utilities (water/electricity) to the medians or areas outside the travelway for these improvements , all costs associated with the utilities associated with landscape accent lighting and/or irrigation systems including , but not limited to the impact and connection fees , and the on - going cost of utility usage for water and electrical , are the maintaining AGENCY ' S responsibility . ( 1 ) The AGENCY shall be directly responsible for impact and connection fees AND ( 2 ) The AGENCY shall become responsible for the above named ongoing utility costs upon final acceptance of the construction project ( including the Landscape improvements ) by the DEPARTMENT and thereafter . The project is accepted prior to the start of the Plant Establishment and Contractor' s Warranty Period . AND ( 3 ) The AGENCY shall be responsible for the improvements immediately after final acceptance of the construction project by the DEPARTMENT except for the plant materials . The AGENCY shall be responsible for the maintenance of all landscape improvements after the completion of the Plant Establishment and Contractor' s Warranty Period . D . The above named functions to be performed by the AGENCY may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT . Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding , repayment , reworking or Agreement termination . The AGENCY shall not change or deviate from said plans without written approval of the DEPARTMENT . 4 . NOTICE OF MAINTENANCE DEFICIENCIES A . If at any time after the AGENCY has undertaken the landscape improvements ' maintenance responsibilities mentioned above , it shall come to the attention of the DEPARTMENT ' S District Secretary that the limits , or a part thereof, are not properly Page 3 of 18