Agenda 11/15/2016 Item #16A 7 16.A.7
11/15/2016
�-. EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners (Board) approve and authorize the
Chairman to sign a Collier County Landscape Maintenance Agreement (Agreement) between
Collier County and the Berkshire Lakes Master Association,Inc.,for the maintenance of landscape
and irrigation improvements within the Radio Road Public Right-of-Way.
OBJECTIVE: That the Board approve and authorize the Chairman to sign the attached Collier County
Landscape Maintenance Agreement permitting the Berkshire Lakes Master Association, Inc., to maintain
landscaping and irrigation improvements within the Radio Road public right-of-way.
CONSIDERATIONS: Collier County was approached by the Berkshire Lakes Master Association, Inc.,
(Association) to discuss planting shrubs around the Berkshire Lakes development, located on the north
side of Radio Road,west of Santa Barbara Blvd. In good faith,the Association installed landscaping and
drip irrigation in May and June 2015, along the existing perimeter wall with the assumption that the
improvements were on private property. A portion of the improvements are located on private property,
however a portion of the improvements were installed within the Radio Road public right-of-way
(ROW), as depicted on the drawings attached to the Agreement. The Landscape Maintenance Agreement
outlines the location of the landscaping and irrigation improvements within the public ROW that the
Berkshire Lakes Master Association will be responsible for maintaining in the future.
The Agreement may be freely terminated as of right by either party, with or without cause, upon written
notice to the other. If the Association exercises this right, or if the County exercises this right based upon
the Association's substantial breach of this Agreement, then upon written demand by County, the
-- Association,at its sole cost and expense, shall remove the Improvements and will restore the ROW to the
condition that existed immediately prior to the effective date of this Agreement. If the County exercises
this right, or if the Association 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
ROW. Except for the above, neither party will be liable to the other for any damages or claims resulting
from the termination of this Agreement.
FISCAL IMPACT: There is no cost to Collier County associated with this proposal.The Berkshire
Lakes Master Association,Inc., is responsible for the maintenance of all the subject landscape and
irrigation improvements and all recording fees.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval-SAS.
RECOMMENDATION: To authorize the Chairman to sign the attached Collier County Landscape
Maintenance Agreement between Collier County and the Berkshire Lakes Master Association, Inc., for
the maintenance of landscape and irrigation improvements within the Radio Road public right-of-way.
Prepared by: Pamela Lulich, PLA, CPM, Landscape Operations Manager, Road Maintenance Division,
Growth Management Department
ATTACHMENT(S)
1.Attachment 1 Berkshire ROW-Maint Map (PDF)
Packet Pg'. 350
16.A.7
11/15/2016
2.Attachment 2 Memo Letter of Intent (PDF)
3.CAO Stamped LMA with Exhibits (PDF)
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16.A.7
11/15/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Item Summary: Recommendation that the Board approves and authorizes the Chairman to sign a
Collier County Landscape Maintenance Agreement ("Agreement") between Collier County and the
Berkshire Lakes Master Association, Inc. for landscape and irrigation improvements within the Radio
Road Public Right-of-Way.
Meeting Date: 11/15/2016
Prepared by:
Title: Manager-Landscape Operations—Growth Management Department
Name: Pamela Lulich
10/04/2016 1:34 PM
Submitted by:
Title: Department Head-Growth Management Dept—Growth Management Department
Name: David Wilkison
10/04/2016 1:34 PM
Approved By:
C Review:
Capital Project Planning,Impact Fees,and Program Management Gloria Herrera Additional Reviewer Completed
Road Maintenance Travis Gossard Additional Reviewer Completed 10/10/2016 10:17 AM
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 10/11/2016 10:11 AM
Growth Management Department Gene Shue Additional Reviewer Completed 10/13/2016 8:48 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/13/2016 10:57 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/27/2016 9:33 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/27/2016 1:46 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/27/2016 3:10 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/31/2016 11:18 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 4:39 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM
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Berkshire Lakes ROW/Area of Maintenance
Legend
= Berkshirelakesschedu lea
Co l'e-r C;014Hty
Growth Management Department
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Co lier County
Growth Management Division
Road Maintenance
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Attachment: 2
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MEMO: Berkshire Landscape Maintenance Agreement
RE: RM 5569 Luperolo
On June 25, 2015, Staff confirmed that the wall along Radio Road is within the 25 ft Buffer
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Easement on Berkshire Lakes property PB15 PG 43 and the 40 ft Buffer Easements on Berkshire
Lakes property PB19 PG17 and PB21 PG69. Based on County survey verification, it appears that
a portion of the landscape hedge on the Radio Road side of the wall falls within Tract A PB21
PG69 and Tract D PB 19 PG 17 which is dedicated Right-of Way to Collier County per the plats.
Since it appears this hedge falls within the right-of way, a Landscape Maintenance Agreement
should be executed between the County and the Berkshire Lakes HOA.
as
In Berkshire Lakes PB 14 Page 120 there is a 25 ft Buffer non-exclusive easement in favor of the
Berkshire Lakes HOA for the purpose of enabling the HOA to fence, plant, retain natural v
vegetation and/or construct entryway improvements within the buffer easement. This
dedication would provide the ability for the HOA to install irrigation within this area for the
purposes of maintaining plantings in this easement. The HOA would have to obtain all of the C)
necessary permits for such irrigation including(but not limited to) local, state and federal N
permitting. Examples of such permitting may include (but not be limited to) water use
permitting, well permitting, infrastructure and building permitting. It is recommended that the 6.
HOA consult with a design professional to confirm the design, permit and installation c
requirements. o
The AIMS issue was closed on July 8, 2015. Berkshire Lakes was instructed to work with staff to a(
enter into a landscape maintenance agreement and seek Board approval for the Community's o
commitment to maintain those improvements.
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Road Maintenance.2885 South Horseshoe Drive•Naples,Florida 34104.239-252-8192 •www.colliergov.net
4800 Davis Boulevard•Naples,Florida 34104.239-252-8924 Packet Pg. 354
IOW
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LANDSCAPE MAINTENANCE AGREEMENT Aft
This Landscape Maintenance Agreement is entered into this_day of , 2016,
by and between Collier County, Florida, a political subdivision of the State of Florida whose
mailing address is 3301 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as the
"County"), and Berkshire Lakes Master Association Inc., whose mailing address is 495 Belville
Blvd.Naples, FL 34104 (hereinafter referred to as the"Association").
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RECITALS: 00
WHEREAS, County is the owner of that certain right-of-way located in Collier County,
Florida and known as Radio Road (hereinafter referred to as "Road"); and a,
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 c
"Construction Standards Handbook for Work within the Public Right-of-Way,
Collier County, Florida" (the "Construction Handbook').
* * *
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Landscaping Permit Within the public rights of way: o
Improvements to unimproved medians in the right of way: A private owner, r
Developer or civic or homeowners' association desiring to landscape within a
public right-of-way shall submit landscape and irrigation construction documents r
prepared by a licensed landscape architect for County review. The Permit
application shall include three (3) sets of detailed plans indicating the existing w
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 2
parties and approved by the County attorney's office. (See Appendix for example) -a
The purpose of the landscape agreement is to ensure that the Permittee, or his u.
successors or assign, shall be responsible to maintain such material and cis
irrigation system until removed or unless otherwise specified;and
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WHEREAS, in keeping with the above, the Association 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
and the plans are attached hereto as Schedule "A." The Association shall follow the Collier
l of
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CCounty Maintenance specifications attached as Schedule"B."
NOW, THEREFORE, in consideration of the covenants contained herein, the parties
agree as follows: 0
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1. Subject to the issuance of all necessary Permits, County hereby grants to the E
Association the right to use those portions of the Road depicted in Schedule "A," for the sole 0
purpose of maintaining the improvements depicted in Schedule"A." 00c
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2. The Association agrees to maintain the improvements set forth in Schedule "A" a
(hereinafter referred to as "Improvements") at its sole cost and expense, until such time as the Q
County executes a release from indemnification as discussed below. d
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3. Should the Association fail to maintain the Improvements in accordance with a
Schedule"A" or law,the County may provide notice to the Association in writing, specifying the
nature of the deficiency. Within five working days following receipt of such notice, the 2
Association at its sole cost shall cause the appropriate repairs or cure to be effected. In the event a
damage to, or failure to maintain the Improvements results in a situation where public safety is at N
risk, (1) the Association shall effect repairs within twenty-four hours of receipt of the County's c
written notice, or (2) the County may, at its option, effect repairs to the Improvements, without J
the need for prior notice to the Association, and will promptly bill the Association for all actual
O costs incurred in effecting the repairs. The Association shall reimburse the County for such costs o
within thirty days of receipt of the County's bill. L'
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4. The Association, as Indemnitor hereunder, shall indemnify and save harmless the v
County, as Indemnitee hereunder, including all employees of the County, from any loss or c;.;
damages Indemnitee may suffer as a result of claims, suits, demands, damages, losses, fines, N
penalties, interest, expenses, costs, or judgments, including attorneys' fees and costs of litigation, tn
against the County arising out of the Association's use of the Road for the purposes set forth in
this Agreement. The Indemnitee shall not undertake to settle any lawsuit or threatened lawsuit X
that could give rise to Indemnitor's obligation hereunder without the prior consent of Indemnitor, w
such consent to not be unreasonably withheld. .
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5. The indemnity provided for by this Agreement will extend from the date of this m
Agreement until such time as the parties hereto acknowledge in writing that the Association has d
ceased to use the Road for the purposes stated within this Agreement and the Road has been 0.
restored as set forth below, at which time, following receipt of the Association's written request, 4.1
the County will execute a release from indemnification in favor of the Association. o
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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.
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7. Unless terminated as set forth below, this Agreement shall remain in full force and co
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 Association exercises this
right, or if the County exercises this right based upon the Association's substantial breach of this 0°
Agreement, then upon written demand by County, the Association, at its sole cost and expense, a
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 a)
the Association 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.
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8. In the event either party hereto shall institute legal proceedings in connection with, a
or for the enforcement of, this Agreement, the prevailing party shall be entitled to recover its cu
costs of suit, including reasonable attorney's fees, at both trial and appellate levels. c
9. This Agreement may be recorded by the County in the Official Records of Collier
County, Florida. The Association shall pay all costs of recording this Agreement prior to the o
execution of this Agreement. A copy of the Recorded Agreement will be provided to the
Association. a�
10. This Agreement is the entire agreement between the parties, and supercedes all
previous oral and written representations, agreements and understandings between the parties. CN
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.
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REMAINDER OF PAGE INTENTIONALLY LEFT BLANK FOR SPECIAL CONDITIONS,IF ANY
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In Witness Whereof,the parties have caused these presents to be executed on the day and
date first above written.
BOARD OF COUNTY COMMISSIONERS d
COLLIER COUNTY. FLORIDA CC
E.D.
ATTEST: N
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Dwight E. Brock, Clerk Donna Fiala, Chairman m
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ITNESSE§:/ N
t Berkshire-Takes Master/Association Inc. d
BY: t,„,4-ef-‘t, tp.f.i.4.i:4-Lt. E
'-Printed" ame: i k t Li '`ri--i. Printed Name: Mr. Robert Luparello
Title:President
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_._Printed Name: 1: ic70. l 1rcxt= co
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STATE OF FLORIDA u
COUNTY OF COLLIER aD
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Signed and acknowledged on this day of r , 20 \(e, , before me, v
the undersigned notarypublic,byMr. Robert Luparello resident of the Berkshire Lakes M
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Master Association Inc. , a Florida corporation not-for-profit, on behalf of the corporation. He []
is personally known to me or Kproduced cL- .
as identifi tion. s
ALNALDQOUTIERREZ /�r 1A _c
; —\ Notary Public,state of Florida NotaryPublic 3
Commission#FF 970465
"' by mom:expires Ater.10;Q929 Printed Name: Mv� ic, Q
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My Commission Expires: . . 1 .400 i► a
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Approved as to form and legality: v
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Scott A. Stone, Assistant County Attorney c
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SCHEDULE A
Right-of-Way Application
GROWTH MANAGEMENT DIVISION
ROW PERMITTING&INSPECTION
2800 NORTH HORSESHOE DRIVE,NAPLES,FLORIDA 34104
ROW Section Telephone Number;252-5767 Inspection Telephone#252-3726
(For Courtesy Inspection,call 252-3726,Option 2,and leave a message for the Inspector) c� o ai
FILL IN ALL APPLICABLE INFORMATION RIGHT-OF-WAY PERMIT# PP-� } iPIU�3,?- t/
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PSP# SDP/AR# BUILDING PERMIT#
PROJECT NAME ai2-A'1c`_-a\'1\(e-- LL ki-ea (Y)(.(‘..:)R( i`l`_-'s:41. aci u - ()cti::( (A.):4_t1
Check Right-of-Way Type _.
RESIDENTIAL FEES — APPLICATION CHECKLIST at
Construction(Driveway/Sidewalk/Landscaping) $200 CO
❑Renewal/Modification(Unexpired Permit) $100 0 Copy of house survey with m
❑Jack-and-Bore/Directional BoreE
$500 A sketch for the request o
0 Sprinkler Head $50 0 Application fee ;v
0 Open-Cut $2,000
❑Miscellaneous Events 0 Detailsforsize,uec.st Q
$200 (location, etc.) m
0 Other
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COMMERCIAL SMALL DEVELOPMENT LARGE DEVELOPMENT as
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Construction(All) $1,000Y/$2,000A $2,000v/$4,000 A act
Renewal/Modification(Unexpired Permit) $500 $1,000 c
0 Jack-and-Bore/Directional Bore $1,000 $2,000 ro
❑Sprinkler Head $200 $400
❑Turn-lane/Median $1,500 $3,000 a)
❑ Open-Cut $4,000 $6,000 as
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❑Work in the ROW without Lane Closures $50Y/$100♦ $100•/$200Arn
❑Work in the ROW with Lane Closures See Exhibit"A" Y-JUN.-NOV. a
0 PSC Regulated Franchise Utility $100+$50 per day_Inspection Fee A-DEC.-MAYS_ J
COMMERCIAL ONLY: FEE PAID
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Please submit,2 sets of signed and sealed glans Est.Number of Days in ROW(If applicable) a
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PLEASE PRINT Total Amount U
Today's Date Paid `m
Make checks payable to:Board of County Commissioners Rec ipt# f o
Approval Is hereby requested by(Owner.Name) .15.Z{kSi')t t'C1- L.cLk yl ot-.�;�i?.F.,. il9_`S,:-.U(._.,._0.~t 1 bi) U
For the purpose of iti 1611V:1/owl z e. '-4e.t _:L{-ton ( .�tt'\S ('L.(1\Pi ti�. .c:tt_;• Roc&, tx\A V> v
At/on(project street Address) J N_
Lot No. Block Unit Tract Portion of Tract N E S W in
Subdivision Sec. ; Twp. Rge. E, s
Folio No. s
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Property Name NC 4"It(k)..tA kil':,r -' ontractor/ Name Y
Owner's Contact Name AIA to n Lat;Jc.tit'/ Agent Contact Name .3
Info. Mailing Add. �{C.jr] 1>>i,.tV;t,�, (.�1��t•( information Mailing Add. / Q
City/State/Zip N.0 le 4, f L,. ,:. l-ftl0q- City/State/Zip E
Tel io e ,• 'te#- 3'_x.3- '7fe3 Telephone -
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Emali1 '� Contractor's License Number Q.
1. Work shall be performed in accordance with approved plan, 4.1f the application Is made by any person or firm other than the owner of E
Conditions of Permit appearing on reverse side, stipulations the property Involved,a written consent from the property owner shall 4
specified as part of this permit and in accordance with Collier be required prior to processing of the application.
County Ordinance #09-19 and the "Public Right-of-Way 5. Growth Management Division approval does not exempt the permittee 0
Construction Standards Handbook,"latest edition, from gaining approval front any State,Federal or Local Agencies having Q
2, Applicant declares that prior to filing this application he has Jurisdiction over the proposed work. U
ascertained the location of all existing utilities, both aerial and 6. I have read the Collier County Right-of-Way Permit Notes and ,,.;
underground. Any changes to any utility shall be the responsibility Conditions and agree to conduct all work in accordance with the County c
of the Permittee for all cost. Ordinance #09-19,as amended and all applicable all County and State, E
3, This permit Is contingent upon Permittee obtaining necessary codes and laws,as amended. Under penalties of periu ,I declare that a
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rights of entry for construction and maintenance where required I have read the forgoing permit a placation end Iii f s stated In It are (.)
right-of-way for public use has not been dedicated and accepted by true. .;,..,,,,t,--:-''' Y
Collier County _ ''
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, )' AUTHOR ED SIGNATURE S ,
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SCHEDULE A
CONDITIONS OF PERMIT
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I. 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 Coiner County and in those N
public rights-el-way or easements,which are maintained by Collier County,but lie within municipal boundaries. ..
to
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 -.1
create or vest arty property right in the associated right-of-way or easement to the permittee, Furthermore,the permittee shall be responsible for maintenance of a)
such facilities until they are removed,unless otherwise specified. .�
'I. All materials and equipment,including Maintenance of Traffic(MOT)and equipment placement,shall be subject to Inspection by the Growth Management Division. Y
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5. Requests for pre-inspections shall be made 72 hours prior to commencing work requiring inspection. CD
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6. No lane closures will be permitted between the hours of 7:00-9:00 A.M.and 3:30-6:30 P.M. N
7. Prior to construction,the Contractor/Permittee shall submit a Maintenance of Traffic plan(MOT)for any construction project involving work or activity that may y
affect traffic on any County street, roadway or bikepath/sidtwdatk. The MOT must be signed by either a Professional Engineer or person certified by the d
international Municipal Signal Association (IMSA) If affecting Arterial or Collector Roadways, unless waived by the Growth Management Division, Road to
Maintenance Department. The driveway fill and driveway culvert Including soil erosion/sedimentation control measures must be Installed prior to the start of any 4
earth moving construction activity with drainage plans,culvert size,soli erosion/sedimentation controls,elevation offset,and ditch slope designed end certified by a y
licensed engineer for at commercial projects. U
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8. During construction the Contractor/Permittee shall comply with the 'State of Florida Manual of Traffic Control and Safe Practices for Street and Highway G
Construction,Maintenance,and Utility Operations"and with the"Manual On Uniform Traffic Control Devices"and with all other governing safety regulations and 2
shall maintain the approved site drainage plan and soil erosionfsedlmentatton control plan. C
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 ro
authorized and performed under this permit. 0
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10. All crossings of existing pavement shall be made by Jacking and boring ata minimum depth of thirty-six inches(36"),unless otherwise authorized by the Growth U
Management Division for good cause shown. N
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11. All overhead installations must meet a minimum four foot separation to communication lines(both vertically end horizontally),minimum seven foot separation to C
guys (both vertically and horizontally)and minimum ten foot separation to neutrals(both vertically and horizontally), and meet and/or exceed all other OSHA asJ
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(36")below the pavement and/or a r
minimum depth of twenty-four inches(24")below the designed roadside ditch or swale invert. Primary cable(voltage exceeding 500 volts)shall have minimum C
C 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 p
Growth Management Division for good cause shown. 0
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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 tU
this permit. —
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13. Following completion at all permitted work,grassing and/or seeding shall be required for any disturbed rights-of-way. U
14. All properly 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. N
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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 end 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. .Q
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- X
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 W
altered,relocated,or removed,with the total expense being borne solely by the permittee or the responsible party. .0
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 ''r
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 Q
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 2
upon extending the expiration date for an additional ninety(90)days. J
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18. All correspondence regarding construction procedures will be through the permittee,or his authorized agent or consultant,and not through any contractor or a)
subcontractor,
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18. 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 end 2 .
the ROW Permit Section at 239-252-5767,three working days prior to construction. V)
20. Collier County Traffic Operations Inspection Staff shall be notified in writing either via form letter(To:Collier County Traffic Operations,2885 Horseshoe Drive Q
South,Naples,FL 34104)or email(TrnfficOns(cofllargov.net)a minimum of 72 hours prior to the commencement of jobs that Include overhead or underground U
work that will be conducted as part of construction or maintenance projects within Collier County or State Rood 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. Any rescheduling of work shall be provided In "
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writing. All underground facilities must be located prior to construction. ei
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 V
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, Ali as built surveys shall be submitted in GIS format following Collier County Growth Management Division Standard for Design and As-Built Electronic 2
Drawings(APPENDIX 9)In addition to signed and sealed copies of the as-built survey. ,(
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SCHEDULE"B"
RIGHT OF WAY LANDSCAPE MAINTENANCE SPECIFICATIONScu
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These specifications are intended to provide the information by which private entities may understand the minimum a)
requirements of Collier County relative to maintaining County rights of ways. Records of all specification requirements shall s
be kept and made available to the County's representative upon request. Y
a)
A. MOWING AND EDGING: Mowing and edging shall include medians as well as those areas,if existing,along the CO
outside edge of the sidewalks of adjacent properties. All turf shall be mowed with mulching type mower equipment m
to eliminate the need to bag and transport grass clippings. Should bagging be necessary,the bagged clippings shall aEi
be collected and removed at no additional cost. Grass shall be cut at a height of three and one half inches(3 '/2"). d
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The frequency of cutting will be weekly or fifty-two(52)times. ar
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Mechanical edging of the turf shall be done with each mowing along all sidewalk edges,back of concrete curbs, c
around all planting beds,utility service boxes,street light bases,sign posts,headwalls,guardrails,timer pedestals, aci
posts,and trees. Metal blade edging is not permitted along back of curbing. Grass root runners extending into the c
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 m
streets,sidewalks or other areas resulting from edging shall be removed.No herbicide shall be used for edging. a
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All sidewalks,curbing and/or gutters shall be cleaned after each service. All sidewalks shall be blown clean,but no c
clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on
right-of-way areas.
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0 B. WEEDING: Weeding of plant beds,sidewalks(asphalt,concrete or pavers),guardrail bases,and curb joints as wello
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. _
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C. GENERAL SITE PRUNING: General site pruning shall be defined as the pruning of any plant's foliage below ••
ten-foot(10')foot.
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All groundcovers, shrubs, canopy trees and palms up to ten foot(10')level, shall be inspected and pruned on a 4
weekly or an as needed basis, so to maintain the proper or required heights for visibility, vehicular movement 3
purposes and desired shape or form as determined by County's representative. Pruning shall also include removal of E
water sprouts,suckers and any dead or diseased foliage or branches. w
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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 Q
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. o
0.
Plant material with a canopy over pedestrian sidewalks shall be maintained at a minimum height of one hundred as
twenty inches(120"). Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain one 17)
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. U
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D. TRASH REMOVAL: With each service,all sites shall be cleaned by removing all trash or debris to include,but a'
not limited to; paper, bottles, cans, other trash, and horticultural debris. All debris or trash pick-ups shall be s
performed"prior"to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill orrrs
disposal site. B
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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. j
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 N
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.
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To assist in employee visibility,employees servicing the area shall wear high visibility safety apparel in compliance
as
with the most current editions of the FDOT Design Standards and the Collier County Maintenance of Traffic(MOT)
policy. c
a)
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. 2
a)
a
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.
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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. N
Approximately seven(7)to(10)ten green fronds shall be left at the head after pruning. The pruning shall include N
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 2
required that the adjacent traffic or turn lane to the work area,be closed using traffic control devices and signage per -cs
the current FDOT traffic control standards and indexes. f=1-
H.
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 0
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, ¢ a
concrete curbing and paving.
The fertilizer shall be applied as set forth in the following schedule.
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Turf Areas and Plant beds containing Shrubs,Groundcovers,and"Trees.
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The(13-3-13)fertilizer shall be applied at rate often(10)pounds per one thousand(1000)sq ft.for all areas. Four
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applications of(13-3-13)fertilizer will be applied yearly during the months of February,May,July,and October. —J
Palms:Developer shall apply approved by County's representative palm fertilizer during February,May,July,and a'
October as specified below. Y
Should yellowing occur on the top of the fronds,manganese sulfate will be required and if on the lower fronds,Sul- 8
Po-Mag or equivalent will be required to be applied with the palm fertilizer at the rates specified. m
I. MULCHING: Organic Mulch Areas with no mulch or new planting areas shall have mulch placed to provide for a E
four inch(4")non-compacted or unsettled depth measured from the existing soil grade. The area to receive the d
mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the placement Q
of the mulch. Two inches must be applied to replenish this mulch twice a year,November and during May. a)
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J. LANE CLOSURE:Lane closure for median maintenance shall comply with the most current editions c
of the FDOT Design Standards and the Collier County Maintenance of Traffic(MOT)policy. 2
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K. IRRIGATION SYSTEMS: The irrigation systems shall be checked and repaired as necessary. Each zone shall be 2
manually turned on at the valve once a week and a thorough inspection conducted to ascertain proper operations of g.
the system. Quick coupling valves, if existing shall be reviewed weekly and operated quarterly to insure propero
operation. Maintenance responsibilities will include cleaning and adjustment of heads, nozzles, installation or v
replacement of risers, repair of minor PVC piping breaks or subsurface piping or restricted sprinkler lines, J
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, c
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SUBSURFACE IRRIGATION SYSTEMS: v
No excavation or mechanical metal edging around plant beds shall be done within the Right-of-way. Mechanical m
metal blade edging is permitted along the back of curbing. U
Weekly Service Requirements: N
I. A visual inspection of the subsurface irrigation systems shall be performed weekly to determine if the N
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 4
adjustments or other rain sensing devices as needed. a-
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2. System Computer/Controller 5
a. Operate,adjust,and set controller to provide proper operation of the systems. §-
b.
b. Diagnose and repair electrical and mechanical malfunctions. Q
c. Monitor and adjust the system zones moisture levels based upon moisture sensor readings. 5
d. Operate controller on automatic,manual and single trip operation.
e. Monitor controller standby battery backup and replace as required. a
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l 3. Automatic Control Assemblies and Quick Coupling Valves cn
a. Review control valve assembly and by-pass system for proper settings. Ot
b. Open zone control valve assemblies and quick coupling valve boxes to review valves for leaks; U
I pressure gauge operation;proper settings and are clean of debris or mulch. .;,,
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4. Pump Sites
a. Inspect for proper operations. o
1 b. The Developer shall record and provide to the County's representative the well water flow meter usd
readings for the two well locations on the General Maintenance Report Sheets.
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5. Review system water source connections to include water meters,backflow preventers,gate valve points of
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connection and main lines for proper operation.
Monthly Service Requirements: in
1. Automatic Control Valve Assembly
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Manually operate valves,and clean valve assembly filters —J
2. Backflow Assembly
Review assembly for proper operation and clean filter as needed
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3. Quick Coupling Valves
Review boxes and operate valve
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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 2
and document the results for future reference. a'
d. The Developer will clean the strainers filters and inspect them for wear at the Pump Station.
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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.
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Quarterly Service Requirements:
1. Review all subsurface system piping,valve assemblies,wiring,moisture sensors and controllers for overall N
operation and provide adjustments as required to assure proper operation and irrigation application. N
Conventional Pop-up Irrigation Systems: _n
Weekly Service Requirements: 'e
1. Each median zone shall be manually turned on at the valve to ascertain proper operation of the system.
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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 -a
correct the problem. Q
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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. `s
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. 0
e. Within all work areas the Developer shall review the plant material and turf for dry conditions and if
found correct the problem.
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General Service Requirements for Irrigation Systems:
1. Should South Florida Water Management District or other governing agency establish water restrictions, m
the irrigation systems shall be inspected and all other'controllers set to the mandated hours of operation setccaa
by the District or Agency. Subsurface systems are exempt from water restrictions. J
a)
2. Replace defective heads or nozzles,install or replace defective risers and repair minor breaks or restricted
sprinkler lines. se
3. Replace damaged valve boxes/lids if caused by the Maintenance Developer. iii
4. Inspect,clean,and replace,if necessary,screen/filters within the sprinkler heads. m
5. Keep all grass and mulch out of all valve boxes. All valve boxes in sod areas are to be kept at sod level. e.
All valve boxes in plant beds are to be kept two inches(2")above finished mulch. E
6. One hundred percent(100%)irrigation coverage shall be maintained within all irrigated landscaped areas o
while this Contract is in effect. a)
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7. Notification to the County's representative is required when acts of vandalism or accidents have occurred o
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to the irrigation system. Photos shall be taken and provided to the County's representative at no added c
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cost. C
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Miscellaneous Irrigation Maintenance Responsibilities: 2
1. Should the temperature be forecast to be below thirty-four(34)degrees,the Developer shall be responsible a)
for turning the irrigation system off in order to protect plants from possible freeze damage. o
2. It shall be the Developer's responsibility to notify the County's representative of any irrigation problems or c
additional irrigation maintenance needs. as
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. c
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4. The irrigation services personnel must trouble shoot any pump start relay,main fuses and capacitors when
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necessary. L
L. BRICK PAVERS: All median brick paving shall be pressure cleaned twice per year,in April and November,to U
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 N
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 diseases272
and must be treated appropriately by a licensed Pest Control Operator approved by the County's representative. x
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