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Agenda 02/24/2015 Item #16A 9 2/24/2015 16.A.9. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign a Collier County Landscape Maintenance Agreement (Agreement) between Collier County and the Winding Cypress Homeowners Association for a landscape planting within the Collier Blvd.(CR 951)Right-of-way. OBJECTIVE: That the Board approves and authorizes the Chairman to sign the attached Collier County Landscape Maintenance Agreement permitting landscaping improvements within County right-of-way and insuring that the Winding Cypress Homeowners Association will maintain the plantings accordingly. CONSIDERATIONS: Collier County was approached by the Winding Cypress Homeowners Association to install landscape improvements adjacent to the Winding Cypress development, within the Collier Blvd. (CR 951) public right-of-way. The selection of plant material has been reviewed and accepted by the County. The Winding Cypress Homeowners agrees to maintain the landscape and irrigation improvements. 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 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 Improvements or restoration of the 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. FISCAL IMPACT: There is no cost to Collier County associated with this proposal.The developer and homeowners association is responsible for 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: That the Board approve and authorize the Chairman to sign a Collier County Landscape Maintenance Agreement between Collier County and the Winding Cypress Homeowners Association for landscape planting within the Collier Blvd. (CR 951)Right-of-way. Prepared by: Pamela Lulich,Landscape Operations Manager,Road Maintenance Department Attachments: 1) The Landscape Maintenance Agreement; 2) Schedule "A": Landscape Plans and Right- of-way permit,and 3)Schedule`B":Maintenance Specifications. Packet Page-225- 2/24/2015 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 a Collier County Landscape Maintenance Agreement(Agreement) between Collier County and the Winding Cypress Homeowners Association for a landscape planting within the Collier Blvd. (CR 951) Right-of-way. Meeting Date: 2/24/2015 Prepared By Name: Salma Nader Title: VALUE MISSING 1/28/2015 4:25:39 PM Submitted by Title: Manager-Landscape Operations, Landscape Operations Name: LulichPamela 1/28/2015 4:25:40 PM Approved By Name: HerreraGloria Title: Management/Budget Analyst,Transportation Administration Date: 1/29/2015 10:39:35 AM Name: KearnsAllison Title: Manager Financial &Operational Support,Transportation Administration Date: 2/5/2015 4:35:04 PM Name: LynchDiane Title: Supervisor-Operations,Road Maintenance Date: 2/5/2015 4:3 5:27 PM Name: ShueGene Title: Director-Operations Support,Transportation Administration Date: 2/6/2015 12:31:19 PM Packet Page-226- 2/24/2015 16.A.9. Name: VlietJohn Title: Director-Road Maintenance,Road Maintenance Date: 2/9/2015 7:30:20 AM Name: GossardTravis Title: Superintendent-Roads &Bridges,Road Maintenance Date: 2/9/2015 8:05:37 AM Name: LulichPamela Title: Manager-Landscape Operations,Landscape Operations Date: 2/9/2015 2:17:13 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 2/11/2015 8:38:08 AM Name: StoneScott Title: Assistant County Attorney,CAO Land Use/Transportation Date: 2/12/2015 5:03:46 PM Name: KlatzkowJeff Title: County Attorney, Date: 2/17/2015 8:43:28 AM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 2/17/2015 5:56:58 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/18/2015 8:36:27 AM Packet Page-227- ., t ' 2/24/2015 16.A.9. t • LANDSCAPE MAINTENANCE AGREEMENT - ' ` This Landscape Maintenance Agreement is entered into this_day of. . , 2015, .' by and between Collier County; Florida, a political subdivision‘of the State of Florida whose - mailing address is 3301 Tamiami Trail East:Naples, FL 34.112 (hereinafter referred to as the- ' "County"),: and Winding. Cypress Homeowners Association,,whose mailing address is 24311 Walden Center Dr.:Bonita Springs,Fl 34134(hereinafterreferred to as the"Association"). r ' 'RECITALS: WHEREAS, County is the owner Of that certain right-of-way located in Collier County, , Florida and known as Collier Boulevard (hereinafter referred to'as "Road"); and ' . . t 4 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: • r •• Entities desiring to make ,landscape:improvements within•public road right-of- . ,k ' 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';). ti, • , r ,r * * * , - , Landscaping Permit Within the public rights of way: ' .. - - Improvements to uniinproved medians in. the right of way: A private' owner, - . . Developer or civic, or homeowners' association desiring to landscape within a public'right-of-way shall submit landscape and irrigation construction documents . . prepared by a licensed landscape architect'for County review. The Permit application shall include three (3)-sets of detailed,plans indicating the existing _ right-of-way facilities and the type and location of the, proposed plantings, . location of electrical and irrigation systems(s): After acceptance of the:landscape ' and irrigation plans,-a landscape agreement'shall be prepared by the-contracting , . parties and approved by the County attorney's:office. (See Appendix for example) - The purpose of the-landscape agreement is to ensure that'the Permittee, or his- t 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 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 - 1of5 . , , ,; ; - r ' ` Packet Page-228- ` t 4' , 2/24/2015 16.A.9. County Maintenance specifications attached as Schedule`B. NOW, THEREFORE, 'in consideration of the covenants contained herein, the parties agree as follows: . 1. 1 Subject to the issuance of all necessary Perrriits, County hereby grants to the Association 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 Association 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. t • ., I "Should the,Association fail to construct or maintain the Improvements in accordance . t with 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 Association at its sole cost shall cause the appropriate repairs or cure to be effected. .Iii the event-.damage to, or failure to maintain the Improvements 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' niay, at its option, effect repairs to the • Improvements, 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. The Association, as Indemnitor.hereunder, shall indeinnify 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•attorne`ys' fees and costs of litigation, , against the County arising out of the Association's use of the Road for the purposes set forth in E' 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 Association 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 Association's written request, . the County will execute a release from indemnification in favor of.the"Association. . r. '2�of 5 i • r - " _ Packet •Page-229- , 2/24/2015 16.A.9. 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 he 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 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 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. 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 Association shall pay all costs of recording this Agreement prior to the execution of this Agreement. A copy of the Recorded Agreement will he provided to the Association. 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 5 Packet Page-230- • 2/24/2015 16.A.9. ,. r u }.. . , 1 5. —, J . N ' t 3 7. • ' . 5. •5 •`• s i • , o R E . _ - . t , a . S J .. t M • 5 L .. • • k I , f. • ••••■•• . ' ,4of5 . .. i • • • Packet Page-231- - . 2/24/2015 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 COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: Dwight E. Brock, Clerk Tim Nance, Chairman WITNESSES: W1kM,;Jb ■ ff..65s ` m v4:►tzes�ss� ("Association") ""�✓t /4 By: Printed Name: Pat Butler Printed Name: Scott Brooks ,o,. ,; /° Title: President 1: :4 - Printed Name:Mic .el Herrera STATE OF FLORIDA COUNTY OF LEE / Signed and acknowledg-' on this day of re.-6ru-rtr y , 2015, before me, the ndersigned otary public, by ' r/ , , President of ( p.,> J& iP ' C/fl L?WtJeeS a Florida corporation not-for-profit, on behalf of the corporation. He pi is personally known to�mm--,. . -_ _ _-d a iss. _�. M Aar Notary Public Of/ Printed Name: My Commission Expires: t ;°y'- PAMELAM.WWI +: ;+z MY COMMISSION#FE 068889 , .- � EXPIRES:November 6,2017 4:8.k Bonded Thru rotary Public Underwriters Approved as to Form and Legality: IL i3/t5 Scott A. Stone, Assistant County Attorney 5 of 5 Packet Page-232- 2/24/2015 16.A.9.asr,twg,„—_„1. // -1,_ : i �� : / i 9 fi i{ ” 11141111 ii I // 3 / ,, // / / / I r ' / ti. 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I....01111--- 1T— ,---,A -. >tf, r .....„.... Ce t, 42:: cr W..1 Z-Q. _ MOW .> ili" 701114 MINTINVP 3 7-"i- 011irc.fil :.•.:`.0.740 2 _ 111 —11 --) 11!. r --• - .•, '11CeliAP, .0 41}-714 r-:::•1 :7 . •1,1 I g:,•a'... !ti -Z. Z `''. .•igrr•Ari : - E i ='. -` - r,. F ■ '.. : ; , ce ,-- , 11.....1.111 a=11 cn ---... kr' .. M" 01=11 o Mu . .r, ..-- 03" \i MUNI,1 t.■ - CC _ I Al=ii - Packet Page -238- Schedule "A" 2/24/2015 16.A.9. PERMIT TO PERFORM WORK AND/OR MAINTENANut IN PUBLIC RIGHT-OF-WAY GROWTH MANAGEMENT DIVISION/ROW PERMITTING &INSPECTION 2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104 COPY OF THIS PERMIT MUST BE ON THE JOBSI T E AT ALL TIMES- FAILURE TO COMPLY MAY CAUSE JOB TO BE SHUT DOWN R.O.W. Section Phone#239-252-5767 Date Issued: 07/29/2014 Right-of-Way Permit Number: PRROW2OI4071891 601 SDP/AR/PSP Number: PL20130001373 Building Permit Number: Project Name: WINDING CYPRESS PHASE Project Address: CR 951 WINDING CYPRESS PHASE 1 7250 Collier BLVD, Unit: Subdivision: Lot: Block: Unit: Tract: Folio No:723920001799041600487990416010379904160242 Section: Township: Range: Type of Construction: ROW Commercial Detail: TURN LANES AND UTILITY CONNECTIONS 7250 COLLIER BLVD / / The work herein described and err�ly�e�Lis to be commenced on or about 2! .7-9/!V And completed no later than l�zS//S Expiration date for work described: 01/25/2015 Property Owner/Applicant: Contractor: BARRON COLLIER COMPANY Divosta Homes. LP DIVOSTA HOMES, LP c/o Chris Hasty, 9240 Estero Park Commons Blvd DEVOSTA HOMES, LP Estero, FL 33928 2600 GOLDEN GATE PKWY STE 200 Telephone Number: (239)495-4800 NAPLES , FL 34105- 24311 WALDEN CENTER DR#300 BONITA SPRINGS , FL 34134- 24311 WALDEN CENTER DR #300 �1 BONITA SPRINGS , FL 34134- Telephone Number: <NO PRIMARY PHONE><NO PRIMARY PHONE><NO PRIMARY PHONE> 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 required prior to processing of the application. lin accordance with Collier County Ordinance#09-19 and the"Public Right-of-Way Construction Standards Handbook,"latest edition. 5.Transportation Services Division approval does not exempt the permittee from gaining approval from any State,Federal or Local Agencies having jurisdiction over the proposed work. '.Applicant declares that prior to filing this application he has ascertained the ocation of all existing utilities,both aerial and underground. Any changes to any 6.This permit is contingent upon Permittee obtaining necessary rights of utility shall be the responsibility of the Permittee for all cost entry for construction and maintenance where required right-of-way for public use has not been dedicated and accepted by Collier County. 1 .If right-of-way permit is issued in conjunction with a building permit,the kight-of-way permit expires upon completion of the building. STATUS: ISSUED ML BY: —.c ►.� r DATE: July 29, 2014 Condition:If there are any sidewalk closures.sidewalk rental fees will apply. MAINTENANCE OF TRAFFIC PLAN MUST BE SUPPLIED PRIOR TO STA� ING WORK tau ski ie Please call 239-252-3726 to schedule required inspection(s)listed below. 0 , ei,800- Right of Way Inspections �4 4, , -- ,.; , 830- ROW 72 hr Notice To Proceed s ' rf#fi SEE REVERSE SIDE FOR CONDITIONS ";-:•,-, SEE REVERSE SIDE FOR CONDITIONS Packet Page-239- CONDITIONS OF PERMIT 2/24/2015 16.A.9. 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 Collier County and M those public rights-of-way or easements,which are maintained by Collier County,but lie within municipal boundaries. 3. When permitted facilities are placed within a public right-of-way or easement,the installation is for permissive use only and placing of facilities shall not operate to create or vest any property right in the associated right-of-way or easement to the 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 Growth Management Division, 5. Requests for pre-inspections shall be made 72 hours prior to commencing work requiring inspection. 6. No lane closures will be permitted between the hours of 7:00—9:00 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 Growth Management Division, Road Maintenance Department. The driveway fill and driveway culvert including soil erosion/sedimentation control measures must be installed prior to the start of any earth moving construction activity with drainage plans, culvert size, soil erosion/sedimentation controls, elevation offset,and ditch slope designed and certified by a licensed engineer for all commercial projects. 8. During construction the Contractor/Permittee shall comply with the "State of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance, and Utility Operations"and with the"Manual On Uniform Traffic Control Devices"and with all other governing safety regulations and shall maintain the approved site drainage plan and soil erosion/sedimentation control plan. 9. The Permittee shall hold the County harmless and the County shall be relieved of all responsibility for any damage or liability of any nature arising from work authorized and performed under this permit. 10. All crossings of existing pavement shall be made by jacking and boring at a minimum depth of thirty-six inches(36"), unless otherwise authorized by the Growth Management Division for good cause shown. 11. All overhead installations must meet a minimum four foot separation to communication lines(both vertically and horizontally), minimum seven foot separation to guys (both vertically and horizontally) and minimum ten foot separation to neutrals (both vertically and horizontally), and meet and/or exceed all other OSHA requirements as may be determined by OSHA clearance requirements and/or formulas relevant to overhead lines clearances and/or separations requirements (both vertically and horizontally), and all underground crossings shall be placed at a minimum depth of thirty-six inches (36") below the pavement and/or a minimum depth of twenty-four inches (24") below the designed roadside ditch or swate 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 Growth Management Division for good cause shown. 12. Two prints of the proposed work covering details of this installation shall be made a part of this permit. If additional plans are required, they shall become a part of this permit. 13. Following completion of all permitted work,grassing and/or seeding shall be required for any disturbed rights-of-way. 14. All property disturbed by work authorized by this permit must be restored to better than,or equal to,it's original condition,and to the satisfaction of the County. 15. Whenever deemed necessary by the County for the construction,repair,maintenance,improvement,alteration or relocation of applicable right-of-way or easement and when so notified by the County, any or all poles,wires, pipes, culverts, cables, sod, landscaping, driveways, sprinklers, or other facilities and appurtenances authorized shall be removed from said right-of-way or easement,or reset or relocated thereon as required,to be installed by this Permit,and at the expense of the permittee,his successor,or assign. 16. When the permittee, or his successor, or assign is notified of a need for construction, repair, maintenance, improvement, alteration of or relocation within the right-of-way or easement and no action is taken by the responsible party within the time frame specified by the County, the County shall cause the permitted work to be altered,relocated,or removed,with the total expense being borne solely by the permittee or the responsible party. 17. Permits shall generally be in a form approved by the Board of County Commissioners and shall include the time of commencement, the number of days the job is expected to take, and the approximate date of completion. The permit will expire ninety(90)days after the designated completion date,unless authorized in the specific instance for a longer or shorter period, If the work has not been completed by the expiration date,there will be a renewal fee,set by Resolution,payable upon extending the expiration date for an additional ninety(90)days. 18. All correspondence regarding construction procedures will be through the permittee, or his authorized agent or consultant, and not through any contractor or subcontractor. 19. If there are any lane closures or work that will impede normal traffic flow. The permit 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 Ft.34104)or e-mail(TraffcOps @cotliergov.net)a minimum of 72 Hours prior to the commencement of jobs that include overhead or underground work that will be conducted as part of construction or maintenance projects within Collier County or State road ^rights-of-way within Collier County and 24 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 fora final inspection to the,ROW Permitting Section,2800 North 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 Growth Management Division Standard for Design and As-Built Electronic Drawings( to signed and sealed copies of the as-built survey. Packet Page-240- Schedule "A" 2/24/2015 16.A.9. Right-of-Way Application GROWTH MANAGEMENT DIVISION ROW PERMITTING&INSPECTION n 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) FILL IN ALL APPLICABLE INFORMATION RIGHT-OF-WAY PERMIT# PRROW2014071891601 PSP# SDP/AR# PL20140001143 BUILDING PERMIT# PROJECT NAME Winding Cypress Phase 1 Check Right-of-Way Type RESIDENTIAL FEES APPLICATION CHECKLIST ❑ Constru ction(Driveway/Sidewalk/Landscaping) $200 ❑ Renewal/Modification(Unexpired Permit) $100 ❑ Copy of house survey with ❑Jack-and-Bore/Directional Bore $500 A sketch for the request ❑ Sprinkler Head $50 ❑Application fee ❑Open-Cut $2,000 ❑ Details for request ❑ Miscellaneous Events $200 (location, size, etc.) ❑ Other COMMERCIAL SMALL DEVELOPMENT LARGE DEVELOPMENT ❑ Construction(All) $1,000♦/$2,000A cC�lt'EE $2,000♦/ 0A Renewal/Modification(Unexpired Permit) $500 ❑Jack-and-Bore/Directional Bore $1,000 $2,000 ❑ Sprinkler Head $200 JAN 21 M''" $400 ❑Turn-lane/Median $1,500 $3,000 ❑ Open-Cut $4,000 CULLiER COUNTY $6,000 ❑Work in the ROW without Lane Closures $50v/$100A ROW PERMIT SECTION $100v/$200A ❑Work in the ROW with Lane Closures See Exhibit"A" ♦-JUN-NOV. ❑ PSC Regulated Franchise Utility $100+$50 per day Inspection Fee A-DEC.-MAY. COMMERCIAL ONLY: FEE PAID $1,000 Please submit 2 sets of signed and sealed plans Est.Number of Days in ROW(If applicable) 25 PLEASE PRINT , Total Amount Today's Date f =' f Paid $1,000 Make checks payable to: Board of County Commissioners Receipt# Approval is hereby requested by(Owner Name) Divosta Homes, LP For the purpose of Turn Lanes and Utility Connections At/on (project street Address) CR-951 Lot No. Block Unit Tract Portion of Tract N E S W Subdivision Winding Cypress Sec. 35/2 ; Twp. 50/51 S ; Rge. 26 E. Folio No. 0044808006, 00723920001, 79904160103, 79904160242, 79904160048 Property Name Divosta Homes,LP Contractor/ Name J.R.Evans Engineering Owner's Contact Name Chris Hasty Agent Contact Name Michael Herrera,P.E. Info. Mailing Add. 24311 Walden Center Drive,Suite 300 information Mailing Add. 9351 Corkscrew Road,Ste. 102 City/State/Zip Bonita Springs,FL 34134 City/State/Zip Estero,FL 33928 Telephone 239-248-5309 Telephone 239-L05-0458 Email: Contractor's License Number 1. Work shall be performed in accordance with approved plan, 4. If the application is made by any person or firm other than the owner of Conditions of Permit appearing on reverse side, stipulations the property involved, a written consent from the property owner shall 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 Construction Standards Handbook,"latest edition, from gaining approval from any State,Federal or Local Agencies having 2. Applicant declares that prior to filing this application he has jurisdiction over the proposed work. 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 of the Permittee for all cost. Ordinance #09-19,as amended and all applicable all County and State, 3. This permit is contingent upon Permittee obtaining necessary codes and laws,as amended. Under penalties of perjury,I declare that rights of entry for construction and maintenance where required I have read the forgoing permit application and that facts stated in it are right-of-way for public use has not been dedicated and accepted by true. ; ) 7 r ._....�-° /"' � Collier County. '--7 f % / AUTHORlZELS SIGNATURE Packet Page-241- 2/24/2015 16.A.9. 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. Packet Page-242- 2/24/2015 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,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 13) 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. Packet Page-243- 2/24/2015 16.A.9. Turf Areas and Plant beds containing Shrubs,Groundcovers,and Trees. 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. MULCHING: Organic Mulch Areas with no mulch or new planting areas shall have mulch placed to provide for a four inch(4")non-compacted or unsettled depth measured from the existing soil grade. The area to receive the mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the placement of the mulch. Two inches must be applied to replenish this mulch twice a year,November and during May. J. LANE CLOSURE:Lane closure for median maintenance shall comply with the most current editions of the FDOT Design Standards and the Collier County Maintenance of Traffic(MOT)policy. K. IRRIGATION SYSTEMS: The irrigation systems shall be checked and repaired as necessary. Each zone shall be manually turned on at the valve once a week and a thorough inspection conducted to ascertain proper operations of the system. Quick coupling valves, if existing shall be reviewed weekly and operated quarterly to insure proper operation. Maintenance responsibilities will include cleaning and adjustment of heads, nozzles, installation or replacement of risers, repair of minor PVC piping breaks or subsurface piping or restricted sprinkler lines, replacement of damaged valve boxes/lids and adjustment of controller and rain shut off switches for settings and operations. Where required,the Developer shall maintain on site reclaimed water irrigation signage. SUBSURFACE IRRIGATION SYSTEMS: No excavation or mechanical metal edging around plant beds shall be done within the Right-of-way. Mechanical metal blade edging is permitted along the back of curbing. Weekly Service Requirements: 1. A visual inspection of the subsurface irrigation systems shall be performed weekly to determine if the systems are functioning normally and if cuts, leaks, piping damage, flooded areas exist, and repair as necessary. This shall also include review and re-setting of the controller and in-ground moisture sensor adjustments or other rain sensing devices as needed. 2. System Computer/Controller a. Operate,adjust,and set controller to provide proper operation of the systems. b. Diagnose and repair electrical and mechanical malfunctions. c. Monitor and adjust the system zones moisture levels based upon moisture sensor readings. d. Operate controller on automatic,manual and single trip operation. e. Monitor controller standby battery backup and replace as required. 3. Automatic Control Assemblies and Quick Coupling Valves a. Review control valve assembly and by-pass system for proper settings. b. Open zone control valve assemblies and quick coupling valve boxes to review valves for leaks; pressure gauge operation;proper settings and are clean of debris or mulch. 4. Pump Sites a. Inspect for proper operations. b. The Developer shall record and provide to the County's representative the well water flow meter readings for the two well locations on the General Maintenance Report Sheets. 5. Review system water source connections to include water meters,backflow preventers,gate valve points of Packet Page-244- 2/24/2015 16.A.9. connection and main lines for proper operation. Monthly Service Requirements: 1. Automatic Control Valve Assembly Manually operate valves,and clean valve assembly filters 2. Backflow Assembly Review assembly for proper operation and clean filter as needed 3. Quick Coupling Valves Review boxes and operate valve 4. Pump Sites a. Once a month, the Developer will trouble shoot each pump station, checking amperage draw and document the results for future reference. b. Manually run the system to ensure proper coverage and that no sprinkler head and nozzle are spraying onto the roadway. Clean and adjust sprinkler heads and nozzles and irrigation shields to ensure proper coverage. c. The Developer will check all zone wiring and solenoid conditions through the use of an OHM meter and document the results for future reference. d. The Developer will clean the strainers filters and inspect them for wear at the Pump Station. 5. Manually run the system with open flush caps and review sprinkler head indicators located at the end of zones. 6. Review pressure gauge readings at control valve assemblies for each zone,as well as gauges located at the ,_. end of zones where present to determine the system and porous piping is functioning properly. 7. Check,analyze and adjust flow control devices as required. Quarterly Service Requirements: 1. Review all subsurface system piping,valve assemblies,wiring,moisture sensors and controllers for overall operation and provide adjustments as required to assure proper operation and irrigation application. Conventional Pop-up Irrigation Systems: • Weekly Service Requirements: 1. Each median zone shall be manually turned on at the valve to ascertain proper operation of the system. 2. Repair system for any blown-off heads,broken lines or leaks around heads or valves. 3. Check the controller and rain sensing devices for proper operation and settings. 4. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent(100%)irrigation coverage. 5. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found correct the problem. Monthly Service Requirements: 1. Manually run the system, clean and adjust sprinkler heads/nozzles and concrete donuts as necessary to ensure proper coverage and that there are no sprinkler heads/nozzles spraying directly onto the roadway. a. Each median and side right-of-way zone shall be manually turned on at the valve to ascertain proper operation of the system. b. Repair system for any blown-off head,broken lines or leaks around heads or valves. c. Check the controllers and rain sensors for proper operation and settings. d. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent(100%)irrigation coverage. e. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found correct the problem. A .mac Packet Page-245- 2/24/2015 16.A.9. General Service Requirements for Irrigation Systems: 1. Should South Florida Water Management District or other governing agency establish water restrictions, the irrigation systems shall be inspected and all other controllers set to the mandated hours of operation set by the District or Agency. Subsurface systems are exempt from water restrictions. 2. Replace defective heads or nozzles,install or replace defective risers and repair minor breaks or restricted sprinkler lines. 3. Replace damaged valve boxes/lids if caused by the Maintenance Developer. 4. Inspect,clean,and replace,if necessary,screen/filters within the sprinkler heads. 5. Keep all grass and mulch out of all valve boxes. All valve boxes in sod areas are to be kept at sod level. All valve boxes in plant beds are to be kept two inches(2")above finished mulch. 6. One hundred percent(100%)irrigation coverage shall be maintained within all irrigated landscaped areas while this Contract is in effect. 7. Notification to the County's representative is required when acts of vandalism or accidents have occurred to the irrigation system. Photos shall be taken and provided to the County's representative at no added cost. Miscellaneous Irrigation Maintenance Responsibilities: 1. Should the temperature be forecast to be below thirty-four(34)degrees,the Developer shall be responsible for turning the irrigation system off in order to protect plants from possible freeze damage. 2. It shall be the Developer's responsibility to notify the County's representative of any irrigation problems or additional irrigation maintenance needs. 3. The irrigation service personnel must trouble shoot time clocks,i.e.power-in 110 volt and 24-volt fuses,24 volts output when necessary. 4. The irrigation services personnel must trouble shoot any pump start relay,main fuses and capacitors when necessary. L. BRICK PAVERS: All median brick paving shall be pressure cleaned twice per year,in April and November,to remove marks,gum and other dirt that may be deposited on the surface areas. Upon finding damaged areas,the developers shall clean-up debris if present,and or flag off the areas with protective barriers and/or high visibility hazard tape. Damaged areas must be repaired as quickly as possible. M. PEST CONTROL: Trees,Palms,Shrubs,Groundcovers,and Sod must be closely monitored for pests and diseases and must be treated appropriately by a licensed Pest Control Operator approved by the County's representative. Packet Page-246-