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HomeMy WebLinkAboutLandscaping Maintenance Agreement - INDOT - Prairie Avenue and US 31 Interchange CorridorPrairie Ave Corridor August 2017 Landscape Maintenance Agreement LANDSCAPE MAINTENANCE AGREEMENT This Maintenance Agreement ("AGREEMENT") is entered into this day of August, 2017, by the City of South Bend ("CITY") in regards to landscaping improvements to be constructed on land owned by the Indiana Department of Transportation ("INDOT"). This particular agreement refers to the landscaping improvements of the Prairie Ave (SR23) and US31 interchange corridor. Improvements will include but are not limited to: landscaping, lighting, and illuminated signage installation. The City desires to delineate certain maintenance responsibilities related to the improvements shown in Exhibit A within INDOT right-of-way. It is of mutual interest for INDOT and the City to cooperate in providing highway beautification improvements for the aesthetic appeal of the interchange and appeal to the public. The City agrees to the following terms and conditions for maintenance of the landscaping features in the East quadrant of the US31 and SR23 interchange: INDOT RESPONSIBILITIES A. INDOT grants permission to the City to maintain the landscaping, lighting, and illuminated signage ("Improvements") shown on Exhibit A. B. INDOT will review permits, requests to modify or replace the Improvements expediently and will not unreasonably withhold approval. C. INDOT shall not be responsible for any costs associated with this Agreement or removal of Improvements. D. If, after appropriate review, INDOT determines that the Improvements are substandard, conflict with future roadway improvements or other necessary installations, are not being maintained, or this Agreement is not renewed, INDOT may order modification, relocation, or removal of Improvements. CITY OF SOUTH BEND RESPONSIBILITIES A. The City will maintain the Improvements as shown on Exhibit A to the satisfaction of INDOT. Exhibit B shows a Landscape Maintenance Plan for the Improvements. B. The City shall pay all costs, including but not limited to, electricity or removal of the Improvements. Page 1 of 4 Prairie Ave Corridor Landscape Maintenance Agreement August 2017 C. Right of Entry — INDOT grants the City, its contractors, and its subcontractors permission to enter upon the State right of way for the sole purpose of installing and maintaining the areas shown in Exhibit A. D. General Maintenance — The City shall notify the District Permit Manager of any planned maintenance for approval. The maintenance plan shall identify the types of maintenance activities to be completed and an estimated schedule of when these activities will occur (see Exhibit B). a. All landscaping, lighting, and sign structures shall have maintenance performed whenever an act of graffiti has been painted on the structures. E. Mowing interchange a. Mowing includes the East quadrant of the interchange at SR23 and US31 b. Mowing limits shall be the infield and outside of the ramp to the Right -of - Way line or heavy brush line, whichever is closer. c. Mowing to be done at least four (4) times per year per INDOT Public Art and Landscaping Policy d. Per the INDOT Public Art and Landscaping Policy, "Any grassy area of the landscaped area shall be mowed approximately 1 week prior to Memorial Day, Fourth of July, and Labor Day. All litter pick-ups shall be done prior to such mowing. Debris, litter, and other refuse shall be removed from the landscaped area and disposed of appropriately." e. Included in the maintenance mowing will be the patch inglrestoration of any deteriorated or damaged areas of grass within the quadrants. f. Riprap turn downs in the East quadrant of the interchange should be sprayed and cleared as necessary to remove overgrowth. F. Sign and illumination of sign a. Upon completion of construction, the City of South Bend assumes ownership of the sign, landscaping wall, and all associated lighting and electrical. - b. The sign lights shall be maintained and replaced when required. Replacement of bulbs shall be done within five (5) working days of failure. G. Landscaping Wall a. The City of South Bend is responsible for repairing any damages to the landscaping wall upon completion and acceptance of ownership. H. Landscaping at flags and sign a. Landscaping on the top of the wall shall be trimmed yearly to prevent blockage of the flag pole lights and overgrowth. b. Landscaping area on top of the wall shall be mulched yearly with 1" of natural colored mulch in the spring, or as needed. c. Flag pole bases are to be inspected yearly to ensure the top of the concrete foundation is not buried with mulch, dirt or overgrowth of vegetation I. Flags and Flag Poles a. Full replacement of timbers, foundations, and spires of flag poles shall be the responsibility of the City of South Bend to furnish and replace. The expected life of the flag poles and foundations is 50-75 years with routine maintenance. Page 2 of 4 Prairie Ave Corridor Landscape Maintenance Agreement August 2017 b. The City will be responsible for the flags including raising and lowering the flags as appropriate. c. Flags shall be retired and replaced as necessary. d. Flag poles shall be inspected annually for signs of degradation or decay, especially around the ground line at all joints. Routine maintenance of the flag poles including staining of the wooden timbers shall be done every 2- 3 years to preserve and extend the life of the flag poles. e. The concrete/timber joint at the base of the flag pole small be sealed every 2-3 years or more frequently if required. f. Ropes, fasteners, tie -offs and other appurtenances shall be maintained and replaced by the City when required. g. Lighting shall be maintained and replaced as necessary. The lights shall be replaced within five (5) working days of failure. GENERAL. TERMS This Agreement shall be for the life of the constructed structures including the retaining wall and the flag poles. The Agreement will require no renewals during this time, unless written notice of termination is given in writing by the City to INDOT. Notice of termination shall be given at least sixty (60) days prior to the intended effective date. A change of the design or location requested by the City will require a new agreement. Every four years, the Improvements shall be inspected and in the event that the City wishes to discontinue the Improvements, they must have the Improvements removed by an INDOT approved method at the sole expense of the City. The Improvements may be removed by INDOT if INDOT determines that the City is not adequately maintaining the landscaping, lighting, and sign structures at the responsibility and expense of the City. INDOT will provide ninety (90) days notice that the Improvements will be removed. If the City fails to complete the removal, relocation, or modification within two months of INDOT's notice, INDOT may complete any necessary work, including removal and bill the City for the costs. Page 3 of 4 Prairie Ave Corridor Landscape Maintenance Agreement City of South Bend, Board of Public Works Gary A Gilot, President Date Suzanna M Fritzberg, Member Date LU Elizabeth A Maradik, Member Date Therese J Dorau, Member Date Ja4 A Mueller, Member Date 1-7 Linda Martin, Clerk Date August 2017 Page 4 of 4 I aw v-_ARM 1-? -- - .-=r _ll. , i ..i , -_ k 40limawlabotoRkr m IN Im tol