Agenda 02/26/2013 Item #16A 92/26/2013 16.A.9.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairwoman to sign (1) a Landscaping
Installation and Highway Maintenance Agreement ( "Agreement ") with the Florida
Department of Transportation (FDOT) for a landscape planting buffer along Davis Blvd.
and (2) Collier County Landscape Maintenance Agreement between Collier County and
Naples Heritage Golf and Country Club; and (3) approves a Resolution evidencing that the
Board has approved and authorized the Chairwoman to sign the Agreement with the State
OBJECTIVE: That the Board approves and authorizes the Chairwoman to sign the attached
Agreement with FDOT for a landscape planting buffer along Davis Blvd. and a Collier County
Landscape Maintenance Agreement insuring that the community will maintain the plantings
accordingly, and approves an FDOT- required Resolution evidencing that the Board has approved
and authorized the Chairwoman to sign the Agreement with the State. The documents are
required to plant and maintain vegetation within State rights of way.
CONSIDERATIONS: Collier County was approached by the Florida Department of
Transportation (FDOT) to enter into an agreement with them on behalf of Naples Heritage Golf
and Country Club since they do not enter into agreements with homeowners associations. FDOT
is proposing to install a landscape buffer along Davis Blvd adjacent to the Naples Heritage Golf
and Country Club property within the State rights of way. The landscape buffer installation is
part of the Davis Blvd widening project. The selection of plant material has been reviewed and
accepted by the County and the residential community. The Landscape maintenance agreement
with the Naples Heritage Golf and Country Club will be entered into simultaneously to transfer
Collier County's responsibility under the FDOT agreement to Naples Heritage Golf and Country
Club. If Naples Heritage Golf and Country Club should cease to maintain the landscape buffer,
the Collier County will provide notice to the Association in writing, specifying the nature of the
deficiency. In the event of failure to maintain the Landscaping results in a situation where public
safety is at risk, (1) the Association 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 Landscaping,
without the need for prior notice to the Association and will promptly bill the Association for all
actual costs incurred in effecting the repairs. The Association shall reimburse the County for
such costs within thirty days of receipt of the County's bill. If the Association elects to terminate
the agreement and acknowledges in writing to no longer maintain, the County will execute a
release from indemnification in favor of the Association only after the abutting Right -of -Way
has been restored to the condition that existed prior to the agreement.
FISCAL IMPACT: Since FDOT will be installing the landscape planting buffer and Naples
Heritage Golf and Country Club will be maintaining the improvements, there is no cost to Collier
County associated with this proposal.
GROWTH MANAGEMENT IMPACT: There is no growth management associated with this
Executive Summary.
Packet Page -1127-
2/26/2013 16.A.9.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,
is legally sufficient, and requires a majority vote. The accompanying Resolution is customarily
required by FDOT when entering into an agreement with the State. -ERP
RECOMMENDATION:
(1) That the Board approves and authorizes the Chairwoman to sign a Landscaping
Installation and Maintenance Highway Agreement ( "Agreement ") with the Florida Department
of Transportation (FDOT) for a landscape planting buffer along Davis Blvd;
(2) That the Board approves a Resolution evidencing that the Board has approved and
authorized the Chairwoman to sign this Agreement; and
(3) That the Board approves and authorizes the Chairwoman to sign a Collier County
Landscape Maintenance Agreement between Collier County and Naples Heritage Golf and
Country Club.
Prepared By: Pamela Lulich, Landscape Operations Manager, Road Maintenance Department
Attachments: (1) Collier County Agreement, (2) Exhibit "1" Landscaping Installation and
Maintenance Highway Agreement with the FDOT, (3) Exhibit "A" Resolution, (4) Exhibit "B"
Technical Maintenance Specifications, (5) Exhibit "C" Landscape Plans, (6) Exhibit "2"
Landscape Plans, (7) Exhibit "3" Collier County Specifications.
Packet Page -1128-
2/26/2013 16.A.9.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.9.
Item Summary: Recommendation to approve and authorize the Chairman to sign (1) a
Landscaping Installation and Maintenance Highway Agreement ( "Agreement ") with the Florida
Department of Transportation (FDOT) for a landscape planting buffer along Davis Blvd.; (2) a
Resolution evidencing that the Board has approved and authorized the Chairman to sign this
Agreement; and (3) Collier County Landscape Maintenance Agreement between Collier County
and Naples Heritage Golf and Country Club.
Meeting Date: 2/26/2013
Prepared By
Name: LulichPamela
Title: Manager - Landscape Operations,Altemative Transpo
1/29/2013 3:45:46 PM
Submitted by
Title: Manager - Landscape Operations,Altemative Transpo
Name: LulichPamela
1/29/2013 3:45:48 PM
Approved By
Name: HerreraGloria
Title: Management/Budget Analyst,Transportation Administr
Date: 1/30/2013 8:09:25 AM
Name: KearnsAllison
Date: 2/4/2013 1:44:33 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 2/6/2013 5:22:14 PM
Name: ShueGene
Packet Page -1129-
Date: 2/6/2013 6:09:07 PM
Name: V1ietJohn
Title: Director - Road Maintenance,Transportation Enginee
Date: 2/7/2013 9:00:26 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 2/14/2013 2:05:39 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 2/14/2013 2:08:44 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 2/15/2013 6:30:03 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/19/2013 9:57:09 AM
Name: OchsLeo
Title: County Manager
Date: 2/19/2013 5:08:25 PM
Packet Page -1130-
2/26/2013 16.A.9.
2/26/2013 16.A.9.
LANDSCAPE MAINTENANCE AGREEMENT
This Landscape Maintenance Agreement is entered into this day
of , 2013, by and between Collier County, Florida, a political
subdivision of the State of Florida whose mailing address is 3329 Tamiami Trail East, Naples,
FL 34112 (the "County "), and Naples Heritage Golf and Country Club, whose mailing address is
8150 Heritage Club Way, Naples, FL 34112 (the "Association ").
RECITALS:
WHEREAS, Association is the owner of certain tracts of real property in Naples Heritage
Golf and Country Club according to the plat thereof recorded in Plat Book 26, Pages 73 through
80, Plat Book 28, Pages 11 through 13, and Plat Book 28, Page 57, inclusive, of the Public
Records of Collier County, Florida; and
WHEREAS, the Association lies immediately south of State Road 84, Davis Boulevard,
east of Santa Barbara Boulevard and west of Radio Road; and
WHEREAS, the State of Florida is the owner of that certain right -of -way located in
Collier County, Florida, and specifically located within the right -of -way of SR 84, (the "Right -of
Way "); and
WHEREAS, the Association is desirous of maintaining certain landscaping
improvements within a portion of the Right -of -Way abutting the Association's property (the
"Abutting Right -of- Way "), at its sole cost and expense; and
WHEREAS, the County has entered into a landscape maintenance and installation
agreement with the State of Florida Department of Transportation ( "FDOT ") attached hereto as
Exhibit 1; and
WHEREAS, in keeping with the above, FDOT on behalf of the Association has
submitted landscape and irrigation construction documents prepared by a licensed landscape
architect for County review; and
WHEREAS, FDOT will provide the funding and initial installation of the landscape
improvements and first year of maintenance of such landscaping, as described in the landscape
plan attached hereto as Exhibit 2; and
WHEREAS, it is the intent of the parties that the Association assume the responsibility
for the maintenance of the landscaping within the Abutting Right -of -Way as required by FDOT
standards.
NOW, THEREFORE, in consideration of the covenants contained herein, the parties
agree as follows:
1 of 4
Packet Page -1131-
2/26/2013 16.A.9.
1. County hereby delegates to the Association the requirement to maintain the
landscaping of the Abutting Right -of -Way, as depicted in Exhibit 2 and entitled "Area to be
Maintained by Naples Heritage." The Association shall also follow the Collier County
Maintenance specifications attached as Exhibit 3, as applicable.
2. After FDOT constructs the landscape planting, the Association agrees to maintain
the landscaping improvements as set forth in Exhibit 2 (the "Landscaping ") at its sole cost and
expense, until such time as the County executes a release from indemnification as discussed
below.
3. Should the Association fail to maintain the Landscaping in accordance with
Exhibit 2 and Exhibit 3, as applicable, the County may provide notice to the Association in
writing, specifying the nature of the deficiency. Within twenty (20) working days following
receipt of such notice, the Association at its sole cost shall cause the appropriate repairs or cure
to be effected. In the event damage to, or failure to maintain the Landscaping results in a
situation where public safety is at risk, (1) the Association 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 Landscaping, without the need for prior notice to the Association, and will promptly bill
the Association for all actual costs incurred in effecting the repairs. The Association shall
reimburse the County for such costs within thirty days of receipt of the County's bill.
4. Should FDOT require removal of all or some of the Landscaping, then County
shall provide written notice to the Association. Association shall have twenty (20) days to
remove the Landscaping or the County may remove the Landscaping and present a bill to the
Association for the actual costs. The association shall reimburse the County for the costs within
thirty (30) days of receipt of the County's bill.
5. The Association, 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 Association's maintenance of the Landscaping or failure to
maintain the Landscaping. 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.
6. 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 Association has
ceased to maintain the Landscaping as required by this Agreement and the Abutting Right -of-
Way has been restored as set forth below, at which time, following receipt of the Association's
written request, the County will execute a release from indemnification in favor of the
Association.
2of4
Packet Page -1132-
2/26/2013 16.A.9.
7. 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.
8. 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 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 Landscaping and will restore the Abutting Right -of -Way 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 Landscaping or
restoration of the Abutting Right -of -Way. Except for the above, neither party will be liable to
the other for any damages or claims resulting from the termination of this Agreement.
9. 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.
10. 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
execution of this Agreement. A copy of the Recorded Agreement will be provided to the
Association.
11. 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.
12. The rights and obligations of this Agreement shall bind and benefit any successors
or assigns of the parties.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
3 of 4
Packet Page -1133-
2/26/2013 16.A.9.
In Witness Whereof, the parties have caused these presents to be executed on the day and
date first above written.
BOARD OF COUNTY COMMISSIONER
COLLIER COUNTY, FLORIDA
ATTEST:
Dwight E. Brock, Clerk Georgia A. Hiller, Esq., Chairwoman
WITNESSES:
Printed Name:
IiNbt9 -5
Printed Name:
STATE OF FLORIDA
COUNTY OF COLLIER
Naples Heritage Golf and Coun Club
A
(" ociation ")
By. _
Mr. Norman Krivosha
President
Signed and acknowledged on this day of _jcL.,,,, �„r�T_, 2013, before me, the
undersigned notary public, by Norman Krivosha, President of Naples Heritage Golf and Country
Club, a Florida corporation not - for - profit, on behalf of the corporation. He [,q is�personally
known to me or [ ] produced as
identifica ion.
Notary Public
Printed Name: + C�nn�C-
My Commission Expires: �i 5
Approved as to form and
legal sufficiency:
Emily R. Pepin di. 'z
Assistant County Attorney
4of4
Packet Page -1134-
AMY GANT
:* ow Notary Public • State of Florida
. my Comm. Expires Apr 10, 2014
s ar Commission # DD 859161
Bonded Through Natiomi Notary Assn.
2/26/2013 16.A.9.'
FPID# 195416 - 4-52 -01
LANDSCAPE MAINTENANCE AND INSTALLATION AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
THIS Agreement, made and entered into this day of 2013, . by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter,
"DEPARTMENT") and, COLLIER COUNTY (hereinafter, "AGENCY ") for the AGENCY to
maintain, at the AGENCY'S expense, landscaping within the area specified below.
WITNESSETH
1. WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 84 as part
of the State Highway System; and
2. WHEREAS, the DEPARTMENT seeks to install landscape development improvements
within the unpaved areas within the right -of -way of State Road 84 E. of Santa Barbara to
W. of Radio Rd, (hereinafter, "PROJECT') and the AGENCY has agreed to maintain the
landscape after completion of the PROJECT at its expense; and
3. WHEREAS, the AGENCY, by Resolution No. , dated and attached
hereto as Exhibit A, attached hereto and incorporated into this Agreement, accepted this
obligation and authorized its Chairman or Deisgnee to execute this Agreement on its behalf.
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
1. The AGENCY hereby assures the DEPARTMENT, that prior to submitting this Agreement,
it has:
a) Ascertained the location of all existing utilities, both aerial and
underground. A letter of notification and plan of the landscape
development improvements was mailed on N %A; to the following
utilities/municipalities:
Utilities have been addressed in the roadway design plans.
b) Complied with all permit requirements from the appropriate agencies (county,
municipality, etc.) in connection with the activities described hereunder. Outdoor
advertising is specifically excluded from this Agreement in accordance with Fla.
Stat. §479.11,.
Packet Page -1135-
_... _ ... _..._._.._.__ 2/26/2013 16.A.9.
FPID#1954164-52-01
SR 84 E. OF SANTA BARBARA TO W. OF RADIO RD LANDSCAPE MAINTENANCE AGREEMENT
Page 2 of 5
2. The AGENCY agrees to maintain the landscape improvements in accordance with the
Technical Maintenance Plan included as Exhibit B attached hereto and by this reference
made a part hereof.
3. The AGENCY agrees, at the AGENCY'S expense, to maintain the landscaping within the
median and areas outside the travel way within the right of way pursuant to the Landscape
Plan(s) included as Exhibit C, attached hereto and incorporated into this Agreement, and
Rule 14- 40.003, Florida Administrative Code, as it may be amended from time to time. The
above named functions to be performed by the AGENCY, shall be subject to periodic
inspections by the DEPARTMENT. The AGENCY shall not change or deviate from said
plan(s) without written approval of the DEPARTMENT.
4. All landscape installation and maintenance activities undertaken by AGENCY shall be
pursuant to the Work Zone Traffic Control Plan(s) using the FDOT Standard Index 600, and
incorporated into this Agreement, and Rule 14- 40.003, Florida Administrative Code.
5. The AGENCY may utilize its employees or third parties to accomplish its obligations under
this Agreement. However, the AGENCY remains responsible for proper performance under
this Agreement and shall take all steps necessary to ensure that its employees or third parties
perform as required under this Agreement.
6. It is understood between the parties hereto that the landscaping covered by this Agreement
may be removed, relocated or adjusted by the DEPARTMENT at any time in the future as
determined to be necessary by the DEPARTMENT in order to widen, alter or otherwise
change the state road to meet with future criteria or planning of the DEPARTMENT. The
AGENCY shall be given sixty (60) calendar days notice to remove said landscaping after
which time the DEPARTMENT may remove the same.
7. Designated personnel as directed by the District Secretary or his designee may inspect and
evaluate this PROJECT. If at any time after the AGENCY has assumed landscaping
maintenance responsibility it shall come to the attention of the DEPARTMENT that the
limits or a part thereof is not properly maintained pursuant to the terms of this Agreement,
the District Secretary or his designee may issue a written notice to the AGENCY that a
deficiency or deficiencies exist(s). Upon receipt of the notice, the AGENCY shall have a
period of thirty (30) calendar days within which to correct the cited deficiencies. If said
deficiencies are not corrected within this time period, the DEPARTMENT may at its option,
proceed as follows:
a) The DEPARTMENT may take action to maintain the landscaping or a part thereof, with
DEPARTMENT or its Contractor's personnel and invoice the AGENCY for expenses
incurred and the AGENCY shall promptly reimburse the DEPARTMENT for the costs,
or
b) The DEPARTMENT may terminate the Agreement, in which case the AGENCY shall at
its own expense and within sixty (60) days after written notice by the DEPARTMENT,
remove all of the landscaping that the DEPARTMENT directs be removed and return the
right -of -way to its original condition.
8. This Agreement shall take effect upon execution by both parties.
Packet Page -1136-
2/26/2013 16.A.9.
FP1D#19S416 -4 -52-01
SR 84 E. OF SANTA BARBARA TO W. OF RADIO RD LANDSCAPE MAINTENANCE AGREEMENT
Page 3 of 5
9. This Agreement shall remain in effect until such time the AGENCY or DEPARTMENT
wishes to terminate this Agreement. Termination shall be done in writing giving the other
party thirty (30) days notice. Upon notice of termination by either party, all landscape
improvements shall be removed by the AGENCY and the DEPARTMENT'S right -of -way
returned to its original condition. If, after thirty (30) days, the landscape improvements have
not been removed, the DEPARTMENT may, at its option, proceed as follows:
a) Maintain the landscape improvements within the limits of said project with
DEPARTMENT'S contractor or personnel and the AGENCY shall promptly reimburse
the DEPARTMENT upon receipt of an invoice for the reasonable values of such work; or
b) Remove all landscape improvements, return the right -of -way to its original condition
with the DEPARTMENT'S contractor or personnel and the AGENCY shall promptly
reimburse the DEPARTMENT upon receipt of an invoice for the reasonable values of
such work.
10. The AGENCY shall keep in force during the period of this Agreement public liability
insurance, property damage insurance and worker's compensation insurance through an
insurance policy(ies) or the AGENCY'S self insurance program.
11. When the DEPARTMENT receives a notice of claim for damages that may have been caused
by the AGENCY in the performance of services pursuant to this Agreement, the
DEPARTMENT will immediately forward the claim to AGENCY, and the DEPARTMENT
will evaluate the claim and report their findings to each other within seven working days and
will jointly discuss options in defending the claim. After reviewing the claim, the
DEPARTMENT will determine whether to require the participation of the AGENCY in the
defense of the claim or to require that the AGENCY defend the DEPARTMENT in such
claim pursuant to this section. The DEPARTMENTS failure to notify the AGENCY of a
claim shall not release the AGENCY from any of the requirements of this section. The
DEPARTMENT and the AGENCY will pay their own costs for the evaluation, settlement
negotiations, and trial, if any. However, if only one party participates in the defense of the
claim at trial, that parry is responsible for all costs, but if the verdict determines that there is
joint responsibility, the costs and liability for damages will be shared in the same percentage
as that judicially established.
12. This writing embodies the entire Agreement and understanding between the parties hereto
and there are no other agreements and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
13. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the DEPARTMENT.
14. This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida.
Packet Page -1137-
2/26/2013 16.A.9.'
1
FPID#195416 -4 -52-01
SR 84 E. OF SANTA BARBARA TO W. OF RADIO RD LANDSCAPE MAINTENANCE AGREEMENT
Page 4 of 5
15. All notices under this Agreement shall be directed to the following addresses:
TO DEPARTMENT:
TO COLLIER COUNTY:
Mr. Michael Schulte
Ms. Pamela Lulich, RLA
District Landscape Architect
Landscape Operations Manager
801 North Broadway (MS 149)
Collier County Department of Alternative
Bartow, FL 33830.1249
Transportation Modes Growth Management
Division - Construction & Maintenance
2885 Horseshoe Drive South
Naples, Florida 34104
Rest of this page intentionally left blank.
Packet Page -1138-
2/26/2013 16.A.9.
FPID#195416 -4 -52-01
SR 84 E. OF SANTA BARBARA TO W. OF RADIO RD LANDSCAPE MAINTENANCE AGREEMENT
Page 5 of 5
IN WITNESS WHEREOF, has caused this Agreement to be executed in its behalf, by the
Chairman or its designee, as authorized by Resolution No. and the FLORIDA
DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its
behalf through its District Secretary or authorized designee. This Agreement shall become
effective on:
COLLIER COUNTY OF, FLORIDA
ATTEST
CLERK (Seal) CHAIRMAN OR DESIGNEE
DATE PRINT NAME DATE
COLLIER COUNTY LEGAL REVIEW:
BY: 2-v—
DA
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
EXECUTIVE SECRETARY (Seal)
PRINT NAME DATE
REVIEW & APPROVAL
BY
DISTRICT LANDSCAPE ARCHITECT DATE
BY:
DISTRICT SECRETARY OR DESIGNEE
DISTRICT ONE
PRINT NAME DATE
FLA. DEPT. OF TRANS. LEGAL REVIEW:
BY:
DATE
Packet Page -1139-
2/26/2013 16.A.9.
RESOLUTION NO. 2013-
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA APPROVING AND
AUTHORIZING THE CHAIRWOMAN TO SIGN A HIGHWAY
LANDSCAPING INSTALLATION AND MAINTENANCE
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR THE NAPLES HERITAGE GOLF
AND COUNTRY CLUB RIGHT -OF -WAY BUFFER ON DAVIS
BOULEVARD
WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to
enter into a Highway Landscaping Installation and Maintenance Agreement ( "Agreement ") with
Collier County wherein FDOT will fund landscape buffer improvements along the right of way
adjacent to Naples Heritage Golf and Country Club, providing that Collier County, or its
designee, maintain such landscaping in the future; and
WHEREAS, the Collier County Board of County Commissioners finds that it is in the
public interest to move forward with this project as defined in the Agreement, and that this
Agreement is in the best interests of the citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY 'THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Board of County Commissioners approves the Agreement, authorizes the
Chairwoman to execute the Agreement, and directs that the Collier County Clerk forward a
certified copy of this Resolution to the FDOT along with the executed Agreement.
This Resolution adopted after motion, second and majority vote favoring same, this
day of , 2013.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and legal sufficiency:
Emily R. Pepin UIT
Assistant County Attorney����
CP\ 12- ATM -0013 5\ 18
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Packet Page -1140-
GEORGIA A. HILLER, ESQ.
Chairwoman
.Q
4
G-1
2/26/2013 16.A.9.
'JYf 'OOTFOIOro 3)/N Y30N11 OTY3f OMY 03Y91f 3111 �INOY1]3'13 3N1 fl 133NS SIMl M MW "3 1310* 3"1
A
1
2 O
J
a
9
�I
a cc
R
0
s
tx
C Q
� Y C
s
N O
U
4 p
2
R
g
Q
z
0
Q
zr
10'r '„
N �
:? W
a
p�� W
¢$off
=ggN
= W�
~ ap
at
V �,ol
F. a
2%41
_ N
a �
a1 � WaW� WaJ4t
�YJ4 �3 W
a� � �?d�1•W�� �' _ � �p°p� • ii w
yWp�t42:
Packet Page -1141-
'
Ox�
p�c,yy~Y�,��Wa
�iia -6
Z�
ly
4�N
W�11a W
O�
a
�2��
�C
�J
p�3
¢a�J�
W
�iti
W
via
�4
03
m
�
�y
W
NWWWa
6�y�$W�i
WO
W
W
a,� ` •�J
a~v1yy����WW
U
¢
Wa
1.
VI— 4
�W
p�
i�
UU1�g.��Q}�WL�
O
;
--dvWi
��i
�On•W<
41�¢y��9Q�
im`
Yx
_ ¢W
U
J
a
o
^
r
a
VW1
W
i
W
¢
�
as
k
J
2
yI
yy�I
W
�
2
m
N
ti
t
a
Z
a
Packet Page -1141-
I
A
X
W
'�YJ 'IIPIIW91. iYMI Y3pW1 QIIYB ONrOivDK TI! JINpY�Jl19 iNl SI �JL,S SIM. IO'QOIONII,V,JIi/O 3M 2/26/2013 16.A.9.
N
00'02+8611 'V1S
3NI i N:)1VM1 -~
IA
I I �
it
I I i f
1.
0
1 J
(, .ail•
Packet Page -1144-
ti I'
z t
� i
I Q 1
ayr
I
r T.,.!
�a00 0
00'09fa'61
'Vic
Packet Page -1144-
2/26/2013 16.A.9.
�a ry
0
Packet Page -1145-
Packet Page -1146-
2/26/2013 16.A.9.
Exhibit "2"
See Exhibit "C" Landscape Plans
Packet Page -1147-
9
PY
W
Packet Page -1150-
smas
(
L '
'
Obi
2/26/2013
16.A.9.
'JYi
YWLro�is nM Y30Nn O7N3S aw O]MgK nIi 71Mm1]dli 9Na SI anaus slMa romONU lHJ/ff0 iM
H
N
&: ciax
7YR
PEE
' .'3
+8611 •V1 5
3l7 N01d►�
N 1
ttt
�
o
-
00'03
mi
It
I�
II
� �
_W
77•m
I
� I
-.
N
O
•
r;a
I1
$
�..
zi
Z � ¢jjyy
Packet Page -1150-
smas
(
L '
'
Obi
Packet Page -1150-
smas
&: ciax
7YR
PEE
' .'3
aim y~e
vy~y~
ttt
Packet Page -1150-
smas
N
A
k
W
..... �Y. ua Yn a3.iS OMY OiM9 S i 11 ]IYOYIJT3 7Y2 Sl 13JM5 SIYl ,O OYU]3Y ,YIJIlfO i 2/26/2013 16.A. 9 .
00'08+£021 'V15 3N17 HOldIV
I
8
,
I
�
I
m
1
FF
F,
1
r
r
;
n, I
1
i
I �
I
; 3
1. I
' •
II I
1; I
Y
;
e
� w1 h h
r Nd Ln.e +. z '1
lGy,.+
`7
>„ n ten.
►w�y�aa1u�.
12 4 O O ❑c£"
o
I.
.Si{'
y
U
V I A
1
1
1
t
1
1
�
i
t
,
+
1
�1
1 tt i 3
00'0Z +9611� 'V1S 3A1l7 H�1Vli
Packet Page -1151-
�l
c3�
1
1
�I
N
O
Q
�i
ju
k- c
g
� a
Z
O
E-
it R
W !
i
F,
1
r
r
;
1
i
I �
I
; 3
t N
Y
;
e
� w1 h h
r Nd Ln.e +. z '1
lGy,.+
`7
>„ n ten.
►w�y�aa1u�.
12 4 O O ❑c£"
�I
N
O
Q
�i
ju
k- c
g
� a
Z
O
E-
it R
W !
3
r�
�y1
ICY
W
2
)tWd NOSlovM 1 —a
'JYJ'Wo-OMO MOW Y30NO UM ONY O3N9IS 3N! �NOYJJ3l3 3N1 Sf "B"S SIN' 30 OY03W T'77
2/26/2013 16.A.9.
> 3Nll H�1Vw °
III ;
I _
rg
w
Z
11
a ®`4 O O ❑ H 151
00'Ogf£OZ/ 'VJS 3M /7 p
J1YM•
Packet Page -1152-
U
w
o�q
a !.
I
i
N
1
+
�f
I y
1
N�
I
i
_
Iti
3
•t
4 NN� to Qti i� „
i
a ®`4 O O ❑ H 151
00'Ogf£OZ/ 'VJS 3M /7 p
J1YM•
Packet Page -1152-
U
w
o�q
a !.
2/26/2013 16.A.9.
Exhibit `13"
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.
1 —4f c
Packet Page -1153-
2/26/2013 16.A.9.
E. STREET CLEANING /SWEEPING: Street Cleaning: A four foot (4') wide area measured from the face of the
curb and gutters including turn lanes shall be cleaned with each site service to remove any accumulation of debris or
objectionable growth so to maintain a neat and safe condition.
F. TRAFFIC CONTROL: The developer shall comply with the requirements of Collier County Maintenance of
Traffic (MOT) Policy, copies of which are available through Risk Management or the Purchasing Department. The
Developer shall obtain and review the County MOT policy requirements prior to submitting a bid.
The Developer will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic
Design Standard Indexes, or other related documents, so to become familiar with the requirements. Strict adherence
to the requirements of the MOT policy will be enforced under this Contract.
To assist in employee visibility; approve bright day glow red /orange colored safety vests shall be worn by employees
when servicing the area.
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" ofthe
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 (I ") 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.
o __F c
Packet Page -1154-
2/26/2013 16.A.9.
The (13 -3 -13) fertilizer shall be applied at a rate often (10) pounds per one thousand (1000) sq ft. for all areas. Four
applications of (13 -3 -13) fertilizer will be applied yearly during the months of February, May, July, and October.
Palms: Developer shall apply approved by County's representative palm fertilizer during February, May, July, and
October as specified below.
Should yellowing occur on the top of the fronds, manganese sulfate will be required and if on the lower fronds, Sul -
Po-Mag or equivalent will be required to be applied with the palm fertilizer at the rates specified.
I. 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 be limited. Upon proper placement of the lane
closed signs, pre- warning signs, arrow boards, traffic cones form the existing soil grade.
K. IRRIGATION SYSTEMS: The irrigation systems shall be checked and repaired as necessary. Each zone shall be
manually turned on at the valve once a week and a thorough inspection conducted to ascertain proper operations of
the system. Quick coupling valves, if existing shall be reviewed weekly and operated quarterly to insure proper
operation. Maintenance responsibilities will include cleaning and adjustment of heads, nozzles, installation or
replacement of risers, repair of minor PVC piping breaks or subsurface piping or restricted sprinkler lines,
replacement of damaged valve boxes/lids and adjustment of controller and rain shut off switches for settings and
operations. Where required, the Developer shall maintain on site reclaimed water irrigation signage.
SUBSURFACE IRRIGATION SYSTEMS:
No excavation or mechanical metal edging around plant beds shall be done within the Right -of -way. Mechanical
metal blade edging is permitted along the back of curbing.
Weekly Service Requirements:
1. A visual inspection of the subsurface irrigation systems shall be performed weekly to determine if the
systems are functioning normally and if cuts, leaks, piping damage, flooded areas exist, and repair as
necessary. This shall also include review and re- setting of the controller and in- ground moisture sensor
adjustments or other rain sensing devices as needed.
2. System Computer /Controller
a. Operate, adjust, and set controller to provide proper operation of the systems.
b. Diagnose and repair electrical and mechanical malfunctions.
c. Monitor and adjust the system zones moisture levels based upon moisture sensor readings.
d. Operate controller on automatic, manual and single trip operation.
e. Monitor controller standby battery backup and replace as required.
3. Automatic Control Assemblies and Quick Coupling Valves
a. Review control valve assembly and by -pass system for proper settings.
b. Open zone control valve assemblies and quick coupling valve boxes to review valves for leaks;
pressure gauge operation; proper settings and are clean of debris or mulch.
4. Pump Sites
a. Inspect for proper operations.
b. The Developer shall record and provide to the County's representative the well water flow meter
readings for the two well locations on the General Maintenance Report Sheets.
5. Review system water source connections to include water meters, backflow preventers, gate valve points of
connection and main lines for proper operation.
Monthly Service Requirements:
Z _-r G
Packet Page -1155-
2/26/2013 16.A.9.
1. Automatic Control Valve Assembly
Manually operate valves, and clean valve assembly filters
2. Backflow Assembly
Review assembly for proper operation and clean filter as needed
3. Quick Coupling Valves
Review boxes and operate valve
4. Pump Sites
a. Once a month, the Developer will trouble shoot each pump station, checking amperage draw and
document the results for future reference.
b. Manually run the system to ensure proper coverage and that no sprinkler head and nozzle are spraying
onto the roadway. Clean and adjust sprinkler heads and nozzles and irrigation shields to ensure proper
coverage.
c. The Developer will check all zone wiring and solenoid conditions through the use of an OHM meter
and document the results for future reference.
d. The Developer will clean the strainers filters and inspect them for wear at the Pump Station.
Manually run the system with open flush caps and review sprinkler head indicators located at the end of
zones.
6. Review pressure gauge readings at control valve assemblies for each zone, as well as gauges located at the
end of zones where present to determine the system and porous piping is functioning properly.
7. Check, analyze and adjust flow control devices as required.
Quarterly Service Requirements:
1. Review all subsurface system piping, valve assemblies, wiring, moisture sensors and controllers for overall
operation and provide adjustments as required to assure proper operation and irrigation application.
Conventional Pop -up Irrigation Systems:
Weekly Service Requirements:
1. Each median zone shall be manually turned on at the valve to ascertain proper operation of the system.
2. Repair system for any blown -off heads, broken lines or leaks around heads or valves.
3. Check the controller and rain sensing devices for proper operation and settings.
4. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one
hundred percent (100%) irrigation coverage.
S. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found
correct the problem.
Monthly Service Requirements:
1. Manually run the system, clean and adjust sprinkler heads /nozzles and concrete donuts as necessary to
ensure proper coverage and that there are no sprinkler heads /nozzles spraying directly onto the roadway.
a. Each median and side right -of -way zone shall be manually turned on at the valve to ascertain proper
operation of the system.
b. Repair system for any blown -off head, broken lines or leaks around heads or valves.
c. Check the controllers and rain sensors for proper operation and settings.
d. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one
hundred percent (100 %) irrigation coverage.
e. Within all work areas the Developer shall review the plant material and turf for dry conditions and if
found correct the problem.
General Service Requirements for Irrigation Systems:
1. Should South Florida Water Management District or other governing agency establish water restrictions,
A -47<
Packet Page -1156-
2/26/2013 16.A.9.
the irrigation systems shall be inspected and all other controllers set to the mandated hours of operation set
by the District or Agency. Subsurface systems are exempt from water restrictions.
2. Replace defective heads or nozzles, install or replace defective risers and repair minor breaks or restricted
sprinkler lines.
3. Replace damaged valve boxes /lids if caused by the Maintenance Developer.
4. Inspect, clean, and replace, if necessary, screen/filters within the sprinkler heads.
5. Keep all grass and mulch out of all valve boxes. All valve boxes in sod areas are to be kept at sod level.
All valve boxes in plant beds are to be kept two inches (2 ") above finished mulch.
6. One hundred percent (100 %) irrigation coverage shall be maintained within all irrigated landscaped areas
while this Contract is in effect.
7. Notification to the County's representative is required when acts of vandalism or accidents have occurred
to the irrigation system. Photos shall be taken and provided to the County's representative at no added
cost.
Miscellaneous Irrigation Maintenance Responsibilities:
1. Should the temperature be forecast to be below thirty-four (34) degrees, the Developer shall be responsible
for turning the irrigation system off in order to protect plants from possible freeze damage.
2. It shall be the Developer's responsibility to notify the County's representative of any irrigation problems or
additional irrigation maintenance needs.
3. The irrigation service personnel must trouble shoot time clocks, i.e. power -in 110 volt and 24 -volt fuses, 24
volts output when necessary.
4. The irrigation services personnel must trouble shoot any pump start relay, main fuses and capacitors when
necessary.
L. BRICK PAVERS: All median brick paving shall be pressure cleaned twice per year, in April and November, to
remove marks, gum and other dirt that may be deposited on the surface areas. Upon finding damaged areas, the
developers shall clean-up debris if present, and or flag off the areas with protective barriers and /or high visibility
hazard tape. Damaged areas must be repaired as quickly as possible.
M. PEST CONTROL: Trees, Palms, Shrubs, Groundcovers, and Sod must be closely monitored for pests and diseases
and must be treated appropriately by a licensed Pest Control Operator approved by the County's representative.
c „� c
Packet Page -1157-