2003-031 - Laserfiche WebLink

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