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Backup Documents 05/10/2016 Item #16A17 6Rao( ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUREAl7 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the Co ty torney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Pamela Lulich GMD/RM-Landscape a 5/10/16 Section 2. 3. County Attorney Office County Attorney Office � S 70'414 � 4. BCC Office Board of County `—� ` Commissioners Z S" ¶ z tk 5. Minutes and Records Clerk of Court's Office pltco 31-113A1- PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Pamela Lulich/GMD-Road Maintenance, Phone Number 239-252-6291 Contact/ Department Landscape Section Agenda Date Item was May 10,2016 Agenda Item Number 16.A.17 Approved by the BCC Type of Document Landscape Maintenance Agreement Number of Original Attached Documents Attached PO number or account 111-163801-341490-0 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature?$21 2. Does the document need to be sent to another agency for additional sig atures? If yes, N/A(Not provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. Applicable) 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. Y 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the Y document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's �L signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified: Be aware of your deadlines! 8. The document was approved by the BCC on 5/10/16 (enter date)and all changes / I made during the meeting have been incorporated in the attached document. The �,, County Attorney's Office has reviewed the changes,if applicable. II' 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.2,.` ! ised 11/30/12 1 - (15-00.). 1, 6 A 1 7 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, May 25, 2016 3:09 PM To: Lulich, Pamela Subject: May 10, 2016 Item#16A17 (LMA w/The Moorings) Attachments: Item #16A17.pdf Hi Pam, A copy of the (recorded) Landscape Maintenance Agreement between Collier County and The Moorings, that was approved by the Board on May 10, 2016 (Itew► #16A17) is attached for your records. There's also a receipt attached, right after the first page, for the Recording charges. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 1 6 574 RECORDED INSTR526593 5/17/2016OR 2 1136AM3PG29P8AGES 18 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$154.50 16 LANDSCAPE MAINTENANCE AGREEMENT 17 This Landscape Maintenance Agreement is entered into this1Oday of Ma , 2016, by and between Collier County, Florida, a political subdivision of the State oforida whose mailing address is 3301 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as the "County"), and The Moorings, Incorporated, a Florida not-for-profit corporation, whose mailing address is 120 Moorings Park Drive Naples, FL 34105 (hereinafter referred to as the "Permittee"). RECITALS: WHEREAS,County is the owner of that certain right-of-way located in Collier County, Florida and known as Airport Pulling Road (hereinafter referred to as "Road"); and WHEREAS, Section I. Planning and Development, of the handbook titled "Collier County Landscape and Irrigation Specifications for Beautification Improvements Within the Public Right-of-Way, Collier County, Florida"(2009),provides as follows: Entities desiring to make landscape improvements within public road right-of- way shall submit plans and documentation consistent with the requirements for a public right-of-way permit. This submission shall be in accordance with the "Construction Standards Handbook for Work within the Public Right-of-Way, Collier County, Florida" (the "Construction Handbook"). * * * Landscaping Permit Within the public rights of way: Improvements to unimproved medians in the right of way: A private owner, Developer or civic or homeowners' Association desiring to landscape within a public right-of-way shall submit landscape and irrigation construction documents prepared by a licensed landscape architect for County review. The Permit application shall include three (3) sets of detailed plans indicating the existing right-of-way facilities and the type and location of the proposed plantings, location of electrical and irrigation systems(s). After acceptance of the landscape and irrigation plans, a landscape agreement shall be prepared by the contracting parties and approved by the County attorney's office. (See Appendix for example) The purpose of the landscape agreement is to ensure that the Permittee, or his successors or assign, shall be responsible to maintain such material and irrigation system until removed or unless otherwise specified; and WHEREAS, in keeping with the above, the Permittee has applied for a Landscaping Permit Within the Public Rights-of-Way,and has submitted landscape and irrigation construction documents prepared by a licensed landscape architect for County review. A copy of this Permit 1 of 4 e,P 1 6 A 17 and the plans are attached hereto as Schedule "A." The Permittee shall follow the Collier County Maintenance specifications attached as Schedule"B." NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: 1. Subject to the issuance of all necessary Permits, County hereby grants to the Permittee the right to use those portions of the Road depicted in Schedule "A," for the sole purpose set forth in Schedule "A." The Permits address, among other things, the timing of the work, maintenance of traffic flow during construction, and the permissible lane closures during the time that work is to be performed. 2. The Permittee agrees to construct and maintain the improvements set forth in Schedule "A" (hereinafter referred to as "Improvements") at its sole cost and expense, until such time as the County executes a release from indemnification as discussed below. 3. Should the Permittee fail to construct or maintain the Improvements in accordance with Schedule "A" or law, the County may provide notice to the Permittee in writing, specifying the nature of the deficiency. Within five working days following receipt of such notice, the Permittee at its sole cost shall cause the appropriate repairs or cure to be effected. In the event damage to, or failure to maintain the Improvements results in a situation where public safety is at risk, (1) the Permittee shall commence and diligently pursue to effect repairs within twenty-four hours of receipt of the County's written notice, or(2)the County may,at its option, effect repairs to the Improvements, without the need for prior notice to the Permittee, and will promptly bill the Permittee for all actual costs incurred in effecting the repairs. The Permittee shall reimburse the County for such costs within thirty days of receipt of the County's bill. 4. The Permittee, as Indemnitor hereunder, shall indemnify and save harmless the County, as Indemnitee hereunder, including all employees of the County, from any loss or damages Indemnitee may suffer as a result of claims, suits, demands, damages, losses, fines, penalties, interest, expenses,costs, or judgments, including attorneys' fees and costs of litigation, against the County arising out of the Permittee's use of the Road for the purposes set forth in this Agreement, including the construction and removal of the Improvements. The Indemnitee shall not undertake to settle any lawsuit or threatened lawsuit that could give rise to Indemnitor's obligation hereunder without the prior consent of Indemnitor, such consent to not be unreasonably withheld. 5. The indemnity provided for by this Agreement will extend from the date of this Agreement until such time as the parties hereto acknowledge in writing that the Permittee has ceased to use the Road for the purposes stated within this Agreement and the Road has been restored as set forth below, at which time, following receipt of the Permittee's written request, the County will execute a release from indemnification in favor of the Permittee. 2 of 4 16A17 6. Indemnitee agrees to give Indemnitor written notice of any claims filed against the County in connection with this Agreement, within thirty days of the date that County is aware of such claim. 7. Unless terminated as set forth below, this Agreement shall remain in full force and effect in perpetuity from the date first set forth above, and shall be binding upon the parties and all their successors in interest. The Agreement may be freely terminated as of right by either party, with or without cause, upon written notice to the other. If the Permittee exercises this right, or if the County exercises this right based upon the Permittee's substantial breach of this Agreement, then upon written demand by County, the Permittee, at its sole cost and expense, shall remove the Improvements and will restore the Road to the condition that existed immediately prior to the effective date of this Agreement. If the County exercises this right, or if the Permittee exercises this right based upon the County's substantial breach of this Agreement, then the County will be responsible for any removal of the Improvements or restoration of the Road. Except for the above, neither party will be liable to the other for any damages or claims resulting from the termination of this Agreement. 8. In the event either party hereto shall institute legal proceedings in connection with, or for the enforcement of, this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees, at both trial and appellate levels. 9. This Agreement may be recorded by the County in the Official Records of Collier County, Florida. The Permittee shall pay all costs of recording this Agreement prior to the execution of this Agreement. If recorded, a copy of the Recorded Agreement will be provided to the Permittee. 10. This Agreement is the entire agreement between the parties, and supercedes all previous oral and written representations, agreements and understandings between the parties. This Agreement shall be governed by the laws of the State of Florida, and may not be altered or amended in any way, save by written agreement signed by both parties. 11. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties. Permitte shall have the right to assign its rights hereunder upon written consent from the County, which consent shall not be reasonably withheld. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK FOR SPECIAL CONDITIONS, IF ANY 3 of 4 r�� 16A17 In Witness Whereof, the parties have caused these presents to be executed on the day and date first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA QTTES t' Ije_esce4L, tif#,1 .t ,c w ght E. Br. �. Don a Fiala, Chairman Attest as to Chairman's signature only. WITNESSES: The Moorings, Incorporated ("Permittee") ' 1 By: ... f :� rinted Na JI l l l(tiy,d 11il Printed Na e: Danie J. Lavender Title: CEO PrintedName: tni tl y Tl'L ria l STATE OF FLORIDA COUNTY OF COLLIER Signed and acknowledged�onn 'DOA B ay of lOrit , 2016, before me, the undersigned notary public, by l.�C�(�✓t I fi 3'• Lee Vlde� I , CEO of '114C H 0 0 Yt,t't a TV1C. 2a Florida corporation not-for-profit, on behalf of the corporation. He tris personally known to me or [ ] produced as identification. ' P" .-c .Q Q . I`ccu- Notary ublic ^ . / Printed Name: Lc1ii,l A A. ti 3 My Commission Expires: 1I' 1 (ZOIQ? 4 RACHEL A. P. Notary Public St.. \):.17 Commission# :ate 1111P , �o- : My Comm.Expires Ap oved •s to -C�.••." a..o 1 l �+ ''•' 9ondedthrougt,Na► ri , My BRUH NoComm.tary PublicExpires-StateMar 9H Florida,2019 Scott A. S one,Assistant County Attorney •y Commission FF 198933N •,F��oa ` 19 `■- Maifi Bonded through National Notary Assn. 4 of 4 Schedule "A" PERMIT TO PERFORM WORK AND/OR MAINTENANCE IN PUBLIC RIGHT-OF-WAY GROWTH MANAGEMENT DIVISION/ROW PERMITTING & INSPECTION L • 2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104 (� A 17 COPY OF THIS PERMIT MUST BE ON THE JOBSITE AT ALL TIMES- FAILURE TO COMPLY MAY CAUSE JOB TO BE SHUT DOWN R.O.W. Section Phone#239-252-5767 Date Issued: December 16, 2015 Right-of-Way Permit Number: PRROW2014092693401 SDP/AR/PSP Number: Building Permit Number: Project Name: MOORINGS PARK AT GREY OAKS Project Address: AIRPORT PULLING ROAD NORTH AT ESTUARY Subdivision: Lot: Block: Unit: Tract: Folio No: Section:26 Township:49 Range:25 Type of Construction: ROW Commercial Detail: REMOVE EXISTING RIGHT TURN LANE, CONVERT EXISTING LEFT TURN INTO A U-TURN 2501 Airport Pulling Road North The work herein described and permitted is to be commenced on or about 12-1 lit I tS And completed no later than 4113f 2-01(p Expiration date for work described: 06/13/2016 ********************************************************************************************************************t************* Property OwnerlApplicant: Contractor: Halstatt, LLC Kaufman Lynn Construction Contact Name:Brian Goguen Conact Name:Dan Root 2600 Golden Gate Parkway 2501 Airport Road North Naples FL 34105 Naples,FL 34105 Telephone Number:239-262-2600 Telephone Number. 561-303-8188 Email: bgoguen @barroncollier.com 1.Work shall be performed in accordance with approved plan,Conditions of 4.If the application is made by any person or firm other than the owner of Permit appearing on reverse side,stipulations specified as part of this permit and the property involved,a written consent from the property owner shall be in accordance with Collier County Ordinance#09-19 and the"Public required prior to processing of the application. Right-of-Way Construction Standards Handbook,"latest edition. 5.Transportation Services Division approval does not exempt the permittee 2.Applicant declares that prior to filing this application he has ascertained the from gaining approval from any State,Federal or Local Agencies having Iocation of all existing utilities,both aerial and underground. Any changes to any jurisdiction over the proposed work. utility shall be the responsibility of the Permittee for all cost. 6.This permit is contingent upon Permittee obtaining necessary rights of 3.If right-of-way permit is issued in conjunction with a building permit,the entry for construction and maintenance where required right-of-way for right-of-way permit expires upon completion of the building. public use has not been dedicate, -nd accepted by Collier County.al)(14) STATUS: ISSUED ARH BY: • DATE: December 16, 2015 Condition:All other applicable state or federal permits must be obtained before commencement of the development. Please call 239-252-3726 to schedule required inspection(s) listed below. 830-ROW 72 hr Notice To Proceed 800-Right of Way Inspections Disclaimer:Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. SEE NEXT PAGE FOR CONDITIONS CONDITIONS OF PERMIT I 6 A 17 1. This permit must be kept on the work site and be available upon request or prominently displayed. 2. Permits are required for all work performed in any rights-of-way or easements provided for public use in the unincorporated area of Collier County and in those public rights-of-way or easements,which are maintained by Collier County,but lie within municipal boundaries. 3. When permitted facilities are placed within a public right-of-way or easement,the installation is for permissive use only and placing of facilities shall riot operate to create or vest any property right in the associated right-of-way or easement to the permittee. Furthermore,the permittee shall be responsible for maintenance of such facilities until they are removed,unless otherwise specified. 4. All materials and equipment,including Maintenance of Traffic(MOD and equipment placement,shall be subject to inspection by the Growth Management Division. 5. Requests for pre-inspections shall be made 72 hours prior to commencing work requiring inspection. 6. No lane closures will be permitted between the hours of 7:00--9:0D A.M.and 3:30--6:30 P.M. 7. Prior to construction,the Contractor/Permittee shall submit a Maintenance of Traffic plan(MOD for any construction project involving work or activity that may affect traffic on any County street, roadway or bikepath/sidewalk. The MOT must be signed by either a Professional Engineer or person certified by the International Municipal Signal Association (IMSA) if affecting Arterial or Collector Roadways, unless waived by the Growth Management Division, Road Maintenance Department The driveway fill and driveway culvert including soil erosion/sedimentation control measures must be installed prior to the start of any earth moving construction activity with drainage plans,culvert size,soil erosion/sedimentation controls,elevation offset,and ditch slope designed and certified by a licensed engineer for all commercial projects. 8. During construction the Contractor/Permittee shall comply with the "State of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction,Maintenance,and Utility Operations'and with the'Manual On Uniform Traffic Control Devices'and with ail other governing safety regulations and shall maintain the approved site drainage plan and soil erosion/sedimentation control plan. 9. The Permittee shall hold the County harmless and the County shall be relieved of all responsibility for any damage or liability of any nature arising from work authorized and performed under this permit. 10. All crossings of existing pavement shall be made by jacking and boring at a minimum depth of thirty-six inches(36'),unless otherwise authorized by the Growth Management Division for good cause shown. 11. All overhead installations must meet a minimum four foot separation to communication lines(both vertically and horizontally),minimum seven foot separation to guys(both vertically and horizontally)and minimum ten foot separation to neutrals (both vertically and horizontally), and meet and/or exceed all other OSHA requirements as may be determined by OSHA clearance requirements and/or formulas relevant to overhead lines clearances and/or separations requirements (both vertically and horizontally), and all underground crossings shall be placed at a minimum depth of thirty-six inches (361 below the pavement and/or a minimum depth of twenty-four inches(24')below the designed roadside ditch or swale invert. Primary cable(voltage exceeding 500 volts)shall have minimum thirty-six(36')cover. Secondary cable (voltages less than 500 volts) shall have a minimum thirty-inch(30')cover. Exception may be made by authority of the Growth Management Division for good cause shown. 12. Two prints of the proposed work covering details of this installation shall be made a part of this permit If additional plans are required,they shall become a part of this permit 13. Following completion of all permitted work,grassing and/or seeding shall be required for any disturbed rights-of-way. 14. All property disturbed by work authorized by this permit must be restored to better than,or equal to,its original condition,and to the satisfaction of the County. 15. Whenever deemed necessary by the County for the construction,repair,maintenance,improvement,alteration or relocation of applicable right-of-way or easement and when so notified by the County,any or all poles,wires,pipes,culverts,cables,sod,landscaping,driveways,sprinklers,or other facilities and appurtenances authorized shall be removed from said right-of-way or easement,or reset or relocated thereon as required,to be installed by this Permit,and at the expense of the permittee,his successor,or assign. 16. When the permittee,or his successor,or assign is notified of a need for construction,repair,maintenance,improvement,alteration of or relocation within the right- of-way or easement and no action is taken by the responsible party within the time frame specified by the County,the County shall cause the permitted work to be altered,relocated,or removed,with the total expense being borne solely by the permittee or the responsible party. 17. Permits shall generally be in a form approved by the Board of County Commissioners and shall include the time of commencement,the number of days the job is expected to take,and the approximate date of completion. The permit will expire ninety(90)days after the designated completion date,unless authorized in the specific instance for a longer or shorter period. If the work has not been completed by the expiration date,there will be a renewal fee,set by Resolution,payable upon extending the expiration date for an additional ninety(90)days. 18. All correspondence regarding construction procedures will be through the permittee, or his authorized agent or consultant, and not through any contractor or subcontractor. 19. If there are any lane closures or work that will impede normal traffic flow. The permit holder is obligated to inform the road alert coordinator at 239-252-8192 and the ROW Permit Section at 239-252-5767,three working days prior to construction. 20. Collier County Traffic Operations Inspection Staff shall be notified in writing either via form letter(To:Collier County Traffic Operations, 2885 Horseshoe Drive South, Naples, FL 34104)or email(TrafficOps(oicolliergov.ne()a minimum of 72 hours prior to the commencement of jobs that include overhead or underground work that will be conducted as part of construction or maintenance projects within Collier County or State Road rights-of--way within Collier County and 12 hours prior to any and all daily work to be performed throughout the entire length of construction or Maintenance projects. My rescheduling of work shall be provided in writing. All underground facilities must be located prior to construction. 21. Prior to acceptance by the County(including issuance of Certificate of Occupancy),the ROW Permitting Section shall be notified by mailing or delivering a request for a final inspection to the ROW Permitting Section,2885 South Horseshoe Drive, Naples,FL 34104,or by phone,239-252-5767,upon completion of authorized work. All as built surveys shall be submitted in GIS format following Collier County Growth Management Division Standard for Design and As-Built Electronic Drawings(APPENDIX B)in addition to signed and sealed copies of the as-built survey. k.� PERMIT TO PERFORM WORK AND/OR MAINTENANCE Schedule "A" IN PUBLIC RIGHT-OF-WAY A GROWTH MANAGEMENT DIVISION/ROW PERMITTING & INSPECTION V A 17 2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104 COPY OF THIS PERMIT MUST BE ON THE JOBSITE AT ALL TIMES- FAILURE TO COMPLY MAY CAUSE JOB TO BE SHUT DOWN R.O.W. Section Phone#239-252-5767 Date Issued: November 30, 2015 Right-of-Way Permit Number: PRROW2015092903201 SDP/AR/PSP Number: Building Permit Number: Project Name: MOORINGS PARK AT GREY OAKS PHASE 4 Project Address: GOLDEN GATE PARKWAY Subdivision: Lot: Block: Unit: Tract. Folio No: 13170001528 Section:26 Township:49 Range:25 Type of Construction: ROW Commercial Detail: MOORINGS PARK AT GREY OAKS PHASE 4 MINOR MODIFICATIONS TO THE EXISTING TURN-IN TO THE PROJECT FROM GOLDEN GATE PARKWAY ROW The work herein described an permitted is to be commenced on or about It150`15 And completed no later than __- tV. Expiration date for work described: 05/28/2016 Property Owner/Applicant: Contractor: MOORINGS INCORPORATED Suffolk Construction Company Contact Name: Jim Kral! Contact Name:Joe Stamp 120 MOORINGS PARK DR One Harvard Circle NAPLES,FL 34105 West Palm Beach, FL 33409 Telephone Number:(239)643-9177 Telephone Number:239-791-3000 Email:dlavendara@mooringspark.org 1.Work shall be performed in accordance with approved plan,Conditions of 4.If the application is made by any person or firm other than the owner of Permit appearing on reverse side,stipulations specified as part of this permit and the property involved,a written consent from the property owner shall be in accordance with Collier County Ordinance#09-19 and the"Public required prior to processing of the application. Right-of-Way Construction Standards Handbook,"latest edition. 5.Transportation Services Division approval does not exempt the permittee 2.Applicant declares that prior to filing this application he has ascertained the from gaining approval from any State,Federal or Local Agencies having location of all existing utilities,both aerial and underground. Any changes to any jurisdiction over the proposed work. utility shall be the responsibility of the Permittee for all cost. 6.This permit is contingent upon Permittee obtaining necessary rights of 3. If right-of-way permit is issued in conjunction with a building permit,the entry for construction and maintenance where required right-of-way for right-of-way permit expires upon completion of the building. public use has not been dedicat and accepted by Collier County. , STATUS: ISSUED ARH BY: abdta-)4-- DATE: November 30, 2015 Condition:All other applicable state or federal permits must be obtained before commencement of the development. Please call 239-252-3726 to schedule required inspection(s) listed below. 830- ROW 72 hr Notice To Proceed 800-Right of Way Inspections Disclaimer:Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. SEE NEXT PAGE FOR CONDITIONS CONDITIONS OF PERMIT 1 6 A 17 1 This permit must be kept on the work site and be available upon request or prominently displayed. 2 Permits are required for all work performed in any rights-of-way or easements provided for public use in the unincorporated area of Collier County and in those public rights-of-way or easements,which are maintained by Collier County,but lie within municipal boundaries. 3 When permitted facilities are placed within a public right-of-way or easement,the installation is for permissive use only and placing of facilities shall not operate to create or vest any property right in the associated right-of-way or easement to the pemuttee Furthermore.the permittee shall be responsible for maintenance of such facilities until they are removed,unless otherwise specified. 4. All materials and equipment,Ind udl g Maintenance of Traffic(MOT)and equipment placement shall be subject to inspection by the Growth Management Division. 5. Requests for pre-inspections shall be made 72 hours prior to commencing work requiring nspection. 6. No lane closures will be permitted between the hours of 7:00—9:00 A.M.and 3:30—6:30 P.M. 7 Prior to construction,the Cootracior/Permittee shall submit a Maintenance of Traffic plan(MOT)for any construction project involving work or activity that may affect traffic on any County street roadway or blkepath(sidewalk. The MOT must be signed by either a Professional Engineer or person certified by the International Municipal Signal Association (IMSA) if affecting Arterial or Collector Roadways, unless wowed by the Growth Management Division. Road Maintenance Department The driveway fill and driveway culvert including soil erosion/sedimentation control measures must be Installed prior to the start of any earth moving construction activity with drainage plans,culvert size,soil erosion/sedimentation controls,elevation offset and ditch slope designed and certified by a licensed engineer for all commercial projects. 8. During construction the Contractor/Permittee shall comply with the "State of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction,Maintenance,and Utility Operations'and with the'Manual On Uniform Traffic Control Devices'and with all other governing safety regulations and shalt maintain the approved site drainage plan and soil erosion/sedimentation control plan. 9. The Permittee shall hold the County harmless and the County that be relieved of all responsibility for any damage or liability of any nature arising from work authorized and performed under this permit 10. All crossings of existing pavement shall be made by jacking and boring at a minimum depth of thirty-six inches(361,unless otherwise authorized by the Growth Management Division for good cause shown. 11 All overhead installations must meet a minimum four fox separation to commurilcation lines(both vertically and horizontally),minimum seven foot separation to guys(both vertically and horizontally)and minimum ten foot separation to neutrals(both vertically and horizontally),and meet and/or exceed all other OSHA requirements as may be determined by OSHA clearance requirements and/or formulas relevant to overhead liners clearances ardor separations requirements (both vertically and horizontally), and all underground crossings shall be placed at a minimum depth of thirty-six inches(38')below the pavement and/or a minimum depth of twenty-four inches(241 below the designed roadside ditch or swale invert. Primary cable(voltage exceeding 500 volts)shall have minimum thirty-six(361 cover. Secondary cable(voltages less than 500 volts)shall have a minimum thirty-inch(301 cover. Exception may be made by authority of the Growth Management Division for good cause shown. 12 Two prints of the proposed work covering details of this installation shall be made a part of this permit If additional plans are required,they shall become a part of this permit 13 Following completion of all permitted work,grassing and/or seeding shall be required for any disturbed rights-of-way. 14 All property disturbed by work authorized by this permit must be restored to better than,or equal to,its original condition,and to the satisfaction of the County. 15 Whenever deemed necessary by the County for the construction repair maintenance,Improvement,alteration or relocation of applicable tight-of-way or easement and when so notified by the County,any or all poles,wires,pipet,culverts,cables,sod.landscaping,driveways.sprinklers,or other facilities and appurtenances authorized shall be removed from said right-of-way or easement or reset or relocated thereon as required,to be installed by this Permit and at the expense of the permittee,his successor,or assign. 16 When the permittee,or his successor,or assign is notified of a need for construction,repair,maintenance,improvement,alteration of or relocation within the right- of-way or easement and no action is taken by the responsible party within the time frame specified by the County,the County shall cause the permitted work to be altered,relocated,or removed,with the total expense being borne solely by the permittee or the responsible party 17. Permits shall generally be in a form approved by the Board of County Commissioners and shall include the time of commencement,the number of days the job Is expected to take,and the approximate date of completion. The permit will expire ninety(90)days after the designated completion date,unless authorized in the specific instance for a tenger or shorter period. if the work has not been completed by the expiration date,there will be a renewal fee,set by Resolution,payable upon extending the e>griration date for an additional ninety(90)days. 18 All correspondence regarding construction procedures will be through the permittee,or his authorized agent or consultant and not through any contractor or subcontractor. 19 If there we any lane closures or work that will impede normal traffic flow. The permit holder is obligated to inform the road alert coordinator at 239-252-8192 and the ROW Permit Section at 239-252-5767,three working days prior to construction. 20. Collier County Traffic Operations Inspection Staff shall be notified in writing either via form letter(To:Collier County Traffic Operations,2885 Horseshoe Drive South,Naples,FL 34104)or email(TrafficOp(acoltiergov.net)a minimum of 72 hours prior to the commencement of jobs that include overhead or underground work that will be conducted as part of construction or maintenance projects within Collier County or State Road rights-of-way within Collier County and 12 hours prior to any end all day work to be performed throughout the entire length of construction or Maintenance projects. Any rescheduling of work shall be provided in writing. All underground facilities must be located prior to construction. 21. Prior to acceptance by the County(including issuance of Certificate of Occupancy),the ROW Permitting Section shall be notified by mailing or delivering a request for a final inspection to the ROW Permitting Section,2885 South Horseshoe Drive,Naples,FL 34104,or by phone,239-252-5767,upon completion of authorized work All as built surveys shall be submitted in GIS format following Collier County Growth Management Division Standard for Design and As-Built Electronic Drawings(APPENDIX B)in addition to signed and sealed copies of the as-built survey. .1i 0 16A17 � ; IIQ , 1 ;,0.1 .,. 1 ,./.! , . /, „ $, r), 1 #4ofr, ,. 1...,/OE 01 a 4B 4B 40 ,\\\\\\\\\\\1\\\ \�;� \ o z y m Ow �I 3 _�.�\\ Q \\\I W Z \ om EMIL--\\\ \\ o- 0$,AN Q �I m I ?/ I es GO nom % __ 4..0.,.I. ,,m Z" h //�� �e =t �iir m !IJII Isi ri..ww ajm,1 ( m .-< A40QB • I 041_ 511 1 S , C III IF t,�ll /1` yi, 11 tti >4001,4 , ,,' .....„..PI F. _MMEE4B 40 401-0 'IIQ �Q 1115 MO $ ice\��`((( \` I N't\ \� 5 m `\��\ \\1 `�Q.l -om 8 � /', \ 1 1 ids ,o,Ate y�Q 09 ii 484B L�� li Ii L.4940 —, ,i 0 M �' t4I' =HE ; a4141 _ pi > 04 =El 111 Pos,,.. 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II — fi 13B 4B i 11*1 n0,t it li' II \'ll t,r) •./."‘\ *117. 11Tri, 7$, i 4 "/,.'''\%� r0," 411,11��r SAN 4041€� � �� • fo \� ° lliil %V 1 '41)41‘ ,..0o ;,per �IIIIII� %IIl a 40 IP 0 \A SII 1 II�\I�r/, � 1111111I�' \ I I1t��m ' -.0410/1\,s,.i �� I \ IIillili I `I���9ip i$ m �1 , �I1II�fiifl"�i % AI 11 �� ; ya 1 A �r\ i 1�11;I IQ IOIIII /%l K ' 1�.�`I/r �u Uillilllid al. ,, /� i' 4 \ \ %III 441 I ii t1 010-1-1!.i11I 90 aow mii, EB 404 , 14140N (-IS i /irqi.. ` p tl' rI1I^^ 'Tr' l'iMPZ23 o z;m � '' ��I m AIM sissmoivr _ 4D 40 co z*o m �1k Imo 413 I +�1-1r-,N I�AFF ��; 1_11rl�.�llm z m c) z IiF /1�'��' \ zI \yy \ \iljia\� z . // < z 1 Pini ' 4B 40 K ! x e � 40 40 40 p 8 AQP ° D E :1O Sufi imi ppusNiguligial ii crop ?S N y Z z T 'n m %$":',0g1/'' g IL '°;i-,1 MV;514014;1E 1 . ; 10 %11 O '_ 6.-) 1 m N ,t,.' = <p 20 m• mPR. o1; pm WI m- T n m /vw' Vim/ -I _ ill n' "a >n : "s�agi 1 C) zig•>61 m CO Z C . p -0• 4 6 A SCHEDULE "B" RIGHT OF WAY LANDSCAPE MAINTENANCE SPECIFICATIONS These specifications are intended to provide the information by which private entities may understand the minimum requirements of Collier County relative to maintaining County rights of ways. Records of all specification requirements shall be kept and made available to the County's representative upon request. A. MOWING AND EDGING: Mowing and edging shall include medians as well as those areas,if existing,along the outside edge of the sidewalks of adjacent properties. All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary,the bagged clippings shall be collected and removed at no additional cost. Grass shall be cut at a height of three and one half inches(3 '/2"). The frequency of cutting will be weekly or fifty-two(52)times. Mechanical edging of the turf shall be done with each mowing along all sidewalk edges,back of concrete curbs, around all planting beds,utility service boxes,street light bases,sign posts,headwalls,guardrails,timer pedestals, posts,and trees. Metal blade edging is not permitted along back of curbing. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees,sprinkler heads,valve boxes,shrubs,sign posts,manholes,etc.where they exist. All debris on streets,sidewalks or other areas resulting from edging shall be removed.No herbicide shall be used for edging. All sidewalks,curbing and/or gutters shall be cleaned after each service. All sidewalks shall be blown clean,but no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. B. WEEDING: Weeding of plant beds,sidewalks(asphalt,concrete or pavers),guardrail bases,and curb joints as well as other mulched areas by chemical and/or hand removal will be performed weekly or as necessary to provide a weed free and well maintained area. C. GENERAL SITE PRUNING: General site pruning shall be defined as the pruning of any plant's foliage below ten-foot(10')foot. All groundcovers, shrubs, canopy trees and palms up to ten foot(10') level, shall be inspected and pruned on a weekly or an as needed basis, so to maintain the proper or required heights for visibility, vehicular movement purposes and desired shape or form as determined by County's representative. Pruning shall also include removal of water sprouts,suckers and any dead or diseased foliage or branches. During the first week of October and April, ornamental grasses, such as Fountain grass, Florida Gamma or Fakahatchee grass shall be pruned in a pyramid shape to a twelve inch(12")or twenty-four(24")height based upon the type of plant. Ornamental type grasses such as Liriope muscari`Evergreen Giant',shall only be pruned at the direction and approval of the County's representative. Plant material with a canopy over pedestrian sidewalks shall be maintained at a minimum height of one hundred twenty inches(120"). Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain one foot(1')of clearance from the edge of the pathway. IT is recommended that adjacent shrubs and groundcovers be maintained so that they angle or are rounded away from the pathway. D. TRASH REMOVAL: With each service,all sites shall be cleaned by removing all trash or debris to include,but not limited to; paper, bottles, cans, other trash, and horticultural debris. All debris or trash pick-ups shall be performed"prior"to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site. 1of5 __ ' { 16A17 E. STREET CLEANING/SWEEPING: Street Cleaning:A four foot(4')wide area measured from the face of the curb and gutters including turn lanes shall be cleaned with each site service to remove any accumulation of debris or objectionable growth so to maintain a neat and safe condition. F. TRAFFIC CONTROL: The developer shall comply with the requirements of Collier County Maintenance of Traffic(MOT)Policy,copies of which are available through Risk Management or the Purchasing Department. The Developer shall obtain and review the County MOT policy requirements prior to submitting a bid. The Developer will be responsible for obtaining copies of all required manuals,MUTCD,FDOT Roadway&Traffic Design Standard Indexes,or other related documents,so to become familiar with the requirements.Strict adherence to the requirements of the MOT policy will be enforced under this Contract. To assist in employee visibility,employees servicing the area shall wear high visibility safety apparel in compliance with the most current editions of the FDOT Design Standards and the Collier County Maintenance of Traffic(MOT) policy. G. CANOPY TREE AND PALM PRUNING: For this site,canopy trees shall be defined as any large shrub,tree,or palm with foliage above a ten-foot(10')level. All canopy trees and palms shall be pruned on a continuous basis to create and maintain a seventeen-foot(17') canopy clearance over the roadways and a ten-foot(10')canopy clearance over all pathways. Canopy trees shall be selectively pruned twice per year in April and September so to thin the interior canopy of cross branching and to shape the canopy of the trees. The County's representative shall approve a professional licensed to prune tress under the direction of a Licensed Landscape Architect,Arborist,Tree Surgeon,or other approved professional shall do the pruning and sharpening. The work shall be performed per ANSI AS300"Standard Practices for Trees,Shrubs,and other Woody Plant Maintenance"and done in a professional manner in accordance with"Pruning Standards"of the national Arborist Association or accepted local trade standards and practices. Palms shall be pruned annually during June of each year. The palms shall be pruned to a"Tropical Cut"or to a nine (9) o'clock- three (3) o'clock angle from the horizontal at the base of the palm's bud or lowest fronds. Approximately seven(7)to(10)ten green fronds shall be left at the head after pruning. The pruning shall include removal of all nuts,seed stalks,brown or dead and lower fronds. The work shall be done in a professional manner in accordance with acceptable trade standards and practices. The palms shall not be climbed with tree spikes to remove the fronds.The pruning shall be accomplished by the use of a ladder,boom truck or lift. All debris from the pruning shall be removed and the site shall be left on a clean and neat manner. When the annual or bi-annual heavy pruning work is being performed with the use of a lift or boom truck, it is required that the adjacent traffic or turn lane to the work area,be closed using traffic control devices and signage per the current FDOT traffic control standards and indexes. H. FERTILIZATION: Granular fertilization of shrubs and groundcovers shall be applied by hand in a twelve-inch (12")wide radius ring around the base of the plants. Granular fertilization of the trees and palms shall be determined by the caliper(diameter)of the trunk and broadcast by hand in a band around the plant's base from a distance of 12" to the drip line of the palm,whenever possible. An 8 oz.cup equals one(1)pound. Trees and palms shall receive one(1)cup per one-inch(1")caliper. Shrubs and groundcovers shall receive one(1)cup per three foot(3')of height or spread.Shrubs and groundcovers shall receive one-half(1/2) cup per eighteen inches (18") of height or spread. All fertilizer shall be swept off all sidewalks, concrete curbing and paving. The fertilizer shall be applied as set forth in the following schedule. 2of5 , . (ter 16A17 Turf Areas and Plant beds containing Shrubs, Groundcovers,and Trees. The(13-3-13)fertilizer shall be applied at a rate of ten(10)pounds per one thousand(1000)sq ft.for all areas. Four applications of(13-3-13)fertilizer will be applied yearly during the months of February,May,July,and October. Palms:Developer shall apply approved by County's representative palm fertilizer during February,May,July,and October as specified below. Should yellowing occur on the top of the fronds,manganese sulfate will be required and if on the lower fronds,Sul- Po-Mag or equivalent will be required to be applied with the palm fertilizer at the rates specified. MULCHING: Organic Mulch Areas with no mulch or new planting areas shall have mulch placed to provide for a four inch(4")non-compacted or unsettled depth measured from the existing soil grade. The area to receive the mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the placement of the mulch. Two inches must be applied to replenish this mulch twice a year,November and during May. J. LANE CLOSURE: Lane closure for median maintenance shall comply with the most current editions of the FDOT Design Standards and the Collier County Maintenance of Traffic(MOT)policy. K. IRRIGATION SYSTEMS: The irrigation systems shall be checked and repaired as necessary. Each zone shall be manually turned on at the valve once a week and a thorough inspection conducted to ascertain proper operations of the system. Quick coupling valves, if existing shall be reviewed weekly and operated quarterly to insure proper operation. Maintenance responsibilities will include cleaning and adjustment of heads, nozzles, installation or replacement of risers, repair of minor PVC piping breaks or subsurface piping or restricted sprinkler lines, replacement of damaged valve boxes/lids and adjustment of controller and rain shut off switches for settings and operations. Where required,the Developer shall maintain on site reclaimed water irrigation signage. SUBSURFACE IRRIGATION SYSTEMS: No excavation or mechanical metal edging around plant beds shall be done within the Right-of-way. Mechanical metal blade edging is permitted along the back of curbing. Weekly Service Requirements: 1. A visual inspection of the subsurface irrigation systems shall be performed weekly to determine if the systems are functioning normally and if cuts, leaks, piping damage, flooded areas exist, and repair as necessary. This shall also include review and re-setting of the controller and in-ground moisture sensor adjustments or other rain sensing devices as needed. 2. System Computer/Controller a. Operate,adjust,and set controller to provide proper operation of the systems. b. Diagnose and repair electrical and mechanical malfunctions. c. Monitor and adjust the system zones moisture levels based upon moisture sensor readings. d. Operate controller on automatic,manual and single trip operation. e. Monitor controller standby battery backup and replace as required. 3. Automatic Control Assemblies and Quick Coupling Valves a. Review control valve assembly and by-pass system for proper settings. b. Open zone control valve assemblies and quick coupling valve boxes to review valves for leaks; pressure gauge operation;proper settings and are clean of debris or mulch. 4. Pump Sites a. Inspect for proper operations. b. The Developer shall record and provide to the County's representative the well water flow meter readings for the two well locations on the General Maintenance Report Sheets. 5. Review system water source connections to include water meters,backflow preventers,gate valve points of 3 of 5 16A17 connection and main lines for proper operation. Monthly Service Requirements: 1. Automatic Control Valve Assembly Manually operate valves,and clean valve assembly filters 2. Backflow Assembly Review assembly for proper operation and clean filter as needed 3. Quick Coupling Valves Review boxes and operate valve 4. Pump Sites a. Once a month, the Developer will trouble shoot each pump station, checking amperage draw and document the results for future reference. b. Manually run the system to ensure proper coverage and that no sprinkler head and nozzle are spraying onto the roadway. Clean and adjust sprinkler heads and nozzles and irrigation shields to ensure proper coverage. c. The Developer will check all zone wiring and solenoid conditions through the use of an OHM meter and document the results for future reference. d. The Developer will clean the strainers filters and inspect them for wear at the Pump Station. 5. Manually run the system with open flush caps and review sprinkler head indicators located at the end of zones. 6. Review pressure gauge readings at control valve assemblies for each zone,as well as gauges located at the end of zones where present to determine the system and porous piping is functioning properly. 7. Check,analyze and adjust flow control devices as required. Quarterly Service Requirements: 1. Review all subsurface system piping,valve assemblies,wiring,moisture sensors and controllers for overall operation and provide adjustments as required to assure proper operation and irrigation application. Conventional Pop-up Irrigation Systems: Weekly Service Requirements: 1. Each median zone shall be manually turned on at the valve to ascertain proper operation of the system. 2. Repair system for any blown-off heads,broken lines or leaks around heads or valves. 3. Check the controller and rain sensing devices for proper operation and settings. 4. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent(100%)irrigation coverage. 5. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found correct the problem. Monthly Service Requirements: 1. Manually run the system, clean and adjust sprinkler heads/nozzles and concrete donuts as necessary to ensure proper coverage and that there are no sprinkler heads/nozzles spraying directly onto the roadway. a. Each median and side right-of-way zone shall be manually turned on at the valve to ascertain proper operation of the system. b. Repair system for any blown-off head,broken lines or leaks around heads or valves. c. Check the controllers and rain sensors for proper operation and settings. d. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent(100%)irrigation coverage. e. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found correct the problem. 4of5 "` ' 1 6 A 1 7 General Service Requirements for Irrigation Systems: 1. Should South Florida Water Management District or other governing agency establish water restrictions, the irrigation systems shall be inspected and all other controllers set to the mandated hours of operation set by the District or Agency. Subsurface systems are exempt from water restrictions. 2. Replace defective heads or nozzles,install or replace defective risers and repair minor breaks or restricted sprinkler lines. 3. Replace damaged valve boxes/lids if caused by the Maintenance Developer. 4. Inspect,clean,and replace,if necessary,screen/filters within the sprinkler heads. 5. Keep all grass and mulch out of all valve boxes. All valve boxes in sod areas are to be kept at sod level. All valve boxes in plant beds are to be kept two inches(2")above finished mulch. 6. One hundred percent(100%)irrigation coverage shall be maintained within all irrigated landscaped areas while this Contract is in effect. 7. Notification to the County's representative is required when acts of vandalism or accidents have occurred to the irrigation system. Photos shall be taken and provided to the County's representative at no added cost. Miscellaneous Irrigation Maintenance Responsibilities: 1. Should the temperature be forecast to be below thirty-four(34)degrees,the Developer shall be responsible for turning the irrigation system off in order to protect plants from possible freeze damage. 2. It shall be the Developer's responsibility to notify the County's representative of any irrigation problems or additional irrigation maintenance needs. 3. The irrigation service personnel must trouble shoot time clocks,i.e.power-in 110 volt and 24-volt fuses,24 volts output when necessary. 4. The irrigation services personnel must trouble shoot any pump start relay,main fuses and capacitors when necessary. L. BRICK PAVERS: All median brick paving shall be pressure cleaned twice per year,in April and November,to remove marks,gum and other dirt that may be deposited on the surface areas. Upon finding damaged areas,the developers shall clean-up debris if present,and or flag off the areas with protective barriers and/or high visibility hazard tape. Damaged areas must be repaired as quickly as possible. M. PEST CONTROL: Trees,Palms,Shrubs,Groundcovers,and Sod must be closely monitored for pests and diseases and must be treated appropriately by a licensed Pest Control Operator approved by the County's representative. 5 of 5 `�,;