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Backup Documents 01/09/2018 Item #16A11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 11 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney 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 Veceyai l'® � 1 co Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document 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 1/4/18 2. 3 County Attorney Office County Attorney Office It tK 4. BCC Office Board of County ‘1D‘A V N Commissioners Z / l`VZ`A 5. Minutes and Records Clerk of Court's Office . - 11 Z. t$ "CP" 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 Lulic ,GMD-RM-Landscape Phone Number 252-6291 Contact/ Department Agenda Date Item was 1/9/2018 \ Agenda Item Number 16.A.11 Approved by the BCC Type of Document Landscape Maintenance Agreement Number of Original 1 Attached Documents Attached PO number or account 111-163801-649030 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? 4 L-- j c � V 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be PL signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 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 PL 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 PL signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip PL 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 1-9-18 and all changes / made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. mt 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 t r Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16 A 11 LANDSCAPE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement is entered into this+may of a AUc r , 20 1% by and between Collier County, Florida, a political subdivision of the State of 'da whose mailing address is 3299 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as the "County"), and RaceTrac Petroleum, Inc. , whose mailing address is 200 Galleria Pkwy SE, Suite 900, Atlanta, GA 30339 (hereinafter referred to as the"Owner"). RECITALS: WHEREAS, County is the owner of that certain right-of-way located in Collier County, Florida and known as_Immokalee 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' Owner 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 Owner 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 Owner shall follow the Collier County 1 of 4 INSTR 5498271 OR 5468 PG 3624 RECORDED 1/19/2018 8:46 AM PAGES 16 D\MGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$137.50 16A 11 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 Owner 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 Owner 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 Owner fail to construct or maintain the Improvements in accordance with Schedule "A" or law, the County may provide notice to the Owner in writing, specifying the nature of the deficiency. Within five working days following receipt of such notice, the Owner 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 Owner shall 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 Owner, and will promptly bill the Owner for all actual costs incurred in effecting the repairs. The Owner shall reimburse the County for such costs within thirty days of receipt of the County's bill. 4. The Owner, 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 Owner'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 Owner 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 Owner's written request, the County will execute a release from indemnification in favor of the Owner. 2 of 4 c? 16A 11 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 Owner exercises this right, or if the County exercises this right based upon the Owner's substantial breach of this Agreement, then upon written demand by County, the Owner, 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 Owner 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 Owner shall pay all costs of recording this Agreement prior to the execution of this Agreement. A copy of the Recorded Agreement will be provided to the Owner. 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK FOR SPECIAL CONDITIONS,IF ANY 3 of 4 1 6A 11 In Witness Whereof, the parties have caused these presents to be executed on the day and date first above written. �P, c1114BOARD OF COUNTY COMMISSIONERS ,�� c COLLIE, C• _ TY, FLORIDA AT EST . .� .~ kw* . _ f at &/L./ rI wight E. Brock;cl 4 Ap• Penny Taylor, orirman lie Attest as to Chairman s. signature only. WITNESSES: RACETRAC PETROLEUM, INC. y ("Owner" a�at t , By: .titan Printed Name: 5/WO)/2 Wiegatirr'- rinted Name: Brian Thornton Title: Vice President of Real Estate and Engineering Printed Name: 5IR_ ,0keiZ STATE OF GEORGIA COUNTY OF COBB Signed and acknowledged on this h day of k) , 2017, before me, the undersigned notary public, by ja,,, 77 „„ , V"i ' c *-�jx r7 -.,, 1 a Georgia corporation not-for-profit, on behalf of the corporation. HeRis personally known to me or [ ] produced as identification. Notary Public ,� `` Ili f',�, Printed Name:,ir. %' 7?1. 2.4,441.4_;/// •.•'4 COMyj. <OIii My Commission Expires:.] o2- u/6/ ,mac;' ". N ss%.2 OT Z:G). O: \ y9 m; _ —Z". �\{ �Jrm Ap oved s to form and legality: �',G2•rti•? 0;a...•••'� �� _ _ ,i7 A la/ii,, Scott A. Stone,Assistant County Attorney 4 of 4 0 hedule A 1 6 A 11 Reviewed and Approved For: C0 Ve-r County ROW j PRROW20171041599 Date:111312017 Growth Management Department Date Approved: November 03,2017 Right-of-Way Permit Number: PRROW2O17104159901 SDP/AR/PSP Number: Building Permit Number: Project Name: RACETRAC AT BELLAIRE BAY 9089 IMMOKALEE RD (WORK ON BELLAIRE BAY DR WHICH IS COUNTY OWNED) Project Address: RACETRAC AT BELLAIRE BAY 9089 IMMOKALEE RD Subdivision: Lot: Block: Unit: Tract: Folio No:49660084524 Section:23 Township:48 Range:26 Type of Construction: ROW Commercial Detail: *REPLACES EXPIRED PERMIT PRROW20160936634*ADDITION OF IRRIGATION WITHIN ROW ENTRANCE TO RACETRAC (BLDG PERMIT PRBD20151239463) 9089 IMMOKALEE RD PL2015000927 THIS PERMIT IS VALID FOR A PERIOD OF SIX(6) MONTHS FROM THE DATE OF ISSUANCE. Please refer to Collier County Portal for issuance and expiration dates. ********************************************************************************************************************************** Property Owner/Applicant: Contractor: RACETRAC PETROLEUM INC CCS CONSTRUCTION, LLC WILLIAM BARNES WAYNE KING 3225 CUMBERLAND BLVD 2345 W SAND LAKE RD#100 ATLANTA GA ORLANDO, FL 32809 Telephone Number: 770-527-0185 Telephone Number: (407)558-8935 EAYNE@CCS-CONSTRUCTI ON.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 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 dedicated and accepted by Collier County. APPROVED BY: ARH Condition:All other applicable state or federal permits must be obtained before commencement of the development. Condition:The ROW shall be restored in accordance with the ROW Restoration Guidelines document located on the CityView Portal. Condition: Staff understands that the applicant is working to obtain a Landscape Maintenance Agreement(LMA)which requires BCC approval prior to installation of the proposed irrigation associated with this project.Until the BCC approves the LMA,the scope of construction activity is limited to the work on the previously approved plans(January 23,2017).An executed copy of the Landscape Maintenance Agreement shall be provided to the Development Review Division once approved by the BCC. Condition:SPRINKLER HEADS SHALL BE PLACED NO CLOSER THAN TWENTY-FOUR INCHES(24")TO THE CENTERLINE OF THE DITCH OR SWALE AND A MINIMUM OF SIX FEET(6')FROM THE EDGE OF PAVEMENT;ON ARTERIAL AND COLLECTOR ROADWAYS,A MINIMUM OF EIGHT FEET(8')FROM THE EDGE OF PAVEMENT;AND A MINIMUM OF SIX INCHES(6")FROM A SIDEWALKIBIKEPATH. Please call 239-252-3726 to schedule required 830 inspection FIRST then subsequent inspections listed below. 830 - 72 Hr Notice of (1st) Proceeding with Work 800 - Right-Of-Way Final 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 CONDITIONS OF PERMIT 1 6 A 1 1 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 right-of-way or easements provided for public use in the unincorporated area of Collier County and in those public right-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 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 (MOT) and equipment placement, shall be subject to inspection by the Engineering Services Department or Transportation Services 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—9:00 A.M.and 3:30—6:30 P.M. 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 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 Transportation 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 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 Engineering Services Department'or the Transportation Services 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(36")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 inch (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 Engineering Services Department or the Transportation Services 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 right-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 bome 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 holders are 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 Department Inspection Staff shall be notified in writing either via form letter (To: Collier County Traffic Operations, At: 2885 Horseshoe Drive South,Naples FL 34104)or e-mail(TrafficOps@colliergov.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 right-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 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, Florida 34104,or by phone, 239-252-2417, upon completion of authorized work. All as built surveys shall be submitted in GIS format following Collier County Transportation Services Division Standard for Design and As-Built Electronic Drawings(APPENDIX B)in addition to signed and sealed copies of the as-built survey. 4 16A 11 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 GENERAL CONDITIONS OF RIGHT-OF-WAY PERMITS r 1 6 A 11 i LOT 3:10'TYPE'A'BUFFER 0 ! 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F 1 ./`o O �t �Ra _ 0 a� el.Mt:1w • ir, Z si a 1 K,Tzh 11 Il i 1a� _O X38 O O O S �€o @€i 00 0 000 ggl' A § i 11 0000O0O0Oq€0 008=g00©©0!Ei MI '.1 1 'a I35” &- g s � 4 ¢3 a 7 fit€' '€ 818 sy ; 1 8= " S A4 •_ 33 !r A I FEW EE". _ fiti ign ). ill thl imiNniolo, ffffCO 0111411110 80g[ + �a+ i ',dg' '9-3 ■ o O O wi� 0 7 r cuott ' [ P 0 • 1 00 0 00 6= "'ij, 0®e oo 0 0 0 eoo 00 0 [�33r 0 $ NI fig rsv-vvv.1 : 7' i 8 r6 e'[E y 1 ii I II 5 ill Ilf .� � 59 w i v:s • €'€sd[ [h; ia[ 1 ` `;1 • 6 �� g e .. t :: I S ;pill 001 • 1p z �¥ g 6 M 5 :q.� € i €i `iF ! 1 9 38 j� s _ E i[ M 3535.sv. = i ° n THESE PLANS ARE IRRIGATlONDElAILS ABECT10 nQ MRS OFMAINTENAN E JAP 11/2/17 L,_ RALFTRAC MARKET / •� EDERAL caPmwNi 1L,{7 NSUBSI AN I1AL CHANGE GJD 8/31/17 :v LAMS.ANY USE cr D A_ 4 RAcEmAC®RFT 1A1j(�ggj' SAME NnNwE[NE ... COUNTY COMMENTS OF 11/9/16 JAP 11/17/16 sn, RACETRAC PETROLEUM,INC NZEc SEO MWTIEN ('t111 1, •n.ev.mv. a COLLIER COON FLORIDA Np GALLERIA PARKWAY SE. Rw59an OF Sq'1 (1 11;' ,., .• ,._= 2 COUNTY COMMENTS OF 15/9/16 JAP 10/11/16 SWTE 900 ATLANTA,GA RAtEO1AO 1�1 111 COUNTY COMMENTS JAP 824/16 ® Snit PER PLAN DATE AGU.,i,2017 ,0„9(770)1,1-7600 /9001£10.•M'R 5= !11I'il:,i - 1 DRAW GO JOB NO.DM✓A:215096 "��� [ ! N0. REYRi0H5 8Y OAIE '0 16A 11. 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. 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. 1 of 5 1 6 A 11 F. TRAFFIC CONTROL: The Association 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 Association shall obtain and review the County MOT policy requirements prior to submitting a bid. The Association 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. Turf Areas and Plant beds containing Shrubs,Groundcovers,and Trees. 2 of 5 1 6 A 11 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:Association 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 Association 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 Association 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 connection and main lines for proper operation. Monthly Service Requirements: 3 of 5 1 6 A 11 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 Association 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 Association will check all zone wiring and solenoid conditions through the use of an OHM meter and document the results for future reference. d. The Association 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 Association 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 Association 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 Association 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 Association shall review the plant material and turf for dry conditions and if found correct the problem. 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 4 of 5 0 1 6 A 11 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 Association. 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 Association shall be responsible for turning the irrigation system off in order to protect plants from possible freeze damage. 2. It shall be the Association'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 Associations 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 /r,1