Reso 2001-404 - Laserfiche WebLink

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R 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 grade as specified in the original plans and specifications and of a size comparable to those existing at the time approval is obtained from deletions. To maintain also means to keep litter removed from the median strip or landscaped areas within the said project. 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 CITY, shall be subject to periodic inspections by the DEPARTMENT. Such inspection findings will be shared With the CITY and shall be the basis of all decisions regarding payment reduction, reworking or agreement termination. 2. If at any time after the CITY has assumed the maintenance responsibility above -mentioned, it shall come to the attention of the Department's District Secretary, that the limits of Exhibit "B' or a part thereof is not properly maintained pursuant to the terms of the Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter in care of City Manager to place said CITY on notice thereof. Thereafter. The CITY shall have a period of thirty (30) 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 landscaping during construction or a part thereof, with Department or an independent contractor's personnel and deduct the cost of such work from the CITY's payment for said work or par thereof, or (b) Terminate Agreement in accordance with Paragraph 4 of this agreement and remove, by Department or an independent contractor's personnel, all of the ground cover and shrubs installed under this Agreement or any preceding agreements except as to trees and palms and charge the CITY for the reasonable cost of such removal. 3. It is understood between the parties hereto that the ground cover. shrubs, trees and palms covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent State road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. The CITY shall be given sixty (60) calendar days written notice to remove said ground covered, shrubs, trees and palms after which time, the DEPARTMENT may remove said ground cover, shrubs, trees and palms. 4. This Agreement may be terminated under any one of the following conditions under Paragraph 2.: (a) By the DEPARTMENT, if the CITY fails to perform it's duties following thirty (30) days written notice. (b) By the DEPARTMENT, for refusal by the CITY to allow public access to all documents, papers, letters or other material subject to the Contract No. AN307 2 Financial No. 413810 1 74 01