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09/16/2013 AgendaHeritage Greens Community Development District Board of Supervisors Ronald Parrott. Chairman (icorae Coombs. Vice Chairman Marsha Coghlan. Assistant Secretary Jim Marshall, Assistant Secretary I Ienry Michaelson, Assistant Secretary Calvin Teague, District Manager Greg Urbancic, District Counsel .lames Carr, PG, District t•:ngincer Regular Meeting Agenda - Revised Monday September 16, 2013 -- 6:00 p.m. 1. Roll Call 2. Approval of Agenda 3. Audience Comments 4. Approval of the Minutes of the August 19. 2013 Regular Meeting and Acceptance of the August 19, 2013 Workshop Meeting 5. Old Business A. School Crossing Guard Discussions 13. Security Discussions i. Tele -Entry Issues ii. flours of Coverage for Guards iii. Other Concerns which can be dealt with Immediately 6. New Business A. Sidewalk Repair /Replacement Bids B. Bids for Vegetation Removal between Fence and Wall C. Review of Stormwater Maintenance Report 7. Manager's Report A. Follow -Up Items B. Preserve Maintenance Contract C. Approval of Financial Statements 8. Attorney's Report 9. Engineer's Report 10. Supervisors' Requests and /or Comments ]I. Audience Comments 12. Adjournment Note: Next meeting is scheduled for Monday, October 21, 2013 at 6:00 p.m. District Office: 210 N. University Drive, Suite 702 Coral Springs, Florida 954 - 753 -5841 www.heritagegreensedd.org Meeting Location: Heritage Greens Community Center 2215 Heritage Greens Drive Naples, Florida Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News -------------------------------------------------- +------------------ - - - - -- HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 027769 59698475 NOTICE OF MEETINGSHE State of Florida Counties of Collier and Lee Before the undersigned authority, personall. appeared Lynn Schneider, says that she serves] the Order Entry Data Specialist, of the Naple.'e Daily News, a daily newspaper published at Na-:? in Collier County, Florida: distributed in Co; and Lee counties of Florida; that the attache;: copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples News is a newspaper published at Naples, in Collier County, Florida, and that the said newspaper has heretofore been continuously day and has been entered as second class mail; A4 matter at the post office in Naples, in said Collier County, Florida, for a period of 1 y next preceding the first publication of the attached copy of advertisement; and affiant' further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 09/17 AD SPACE: 56 LINE FILED ON: 09/17/12 Signature of Affiant Sworn to and Subscribed Rersonally known by me - - - - - - -5- -+- -. - - - - - - - - - - - - - - - - - - - - - - ore,mig this oY/ day Of � ROSEMARYTURNER oN Commission # EE 069303 PA June 29u1e7o,s 2 0/v September 11, 2013 To: Cal Teague, District Manager From: Gary Rawlings, Assistant District Manager Re: Heritage Greens 2013 Sidewalk Repairs Project I inspected the sidewalks August 14, 2013 and met with Supervisor Marshall on August 28, 2013 to review the Sidewalk Repair Assessment List that he had prepared. We walked and drove the community and I took some photos for reference. I prepared an Excel Spreadsheet and developed a Request for Bids (RFB). RFB's were sent out August 28, 2013 to the following companies: • Tincher Concrete Construction, Inc. • Southwest Development Services, Inc. • Conidaris General Contractors, Inc. 2 RFB's were returned: • Conidaris General Contractors $ 9,950.00 • Tincher Concrete Construction Inc. $11,550.00 Tincher Concrete Construction, Inc. would replace all 77 locations with new sidewalk slabs. Conidaris General Contractors, Inc. would grind 43 sections and replace 34 sections. Please let me know if you want me to proceed with this project. i Attachments: • Conidaris Proposal • Tincher Proposal • Request for Bids Package Gary Rawlings, Assistant District Manager Severn Trent Management Services 5911 Country Lakes Drive Fort Myers, FL 33905 T :2392457118 x303 F:2392457120 Email: grawlin s c,severntrentms.com ,— Proposal - - -- CONIDARIS BUILDERS & GENERAL CONTRACTORS, INC. St. Lic #C.GC 059201 G.UC 046019 15645 Pine Ridgc Road - Fort Mycrs, FL 33903 Plinne: 2a9- 415 -7671 • Fax: 239- 415 -2996 'kUl 01.11. Sl'It�IIT7 t1I "I0 PI IONF. I)A'1'4 Severn Trent: Management !iervices 239- 245 -7118 X 303 Seotember 11. 2013 1 fkEE•I' It W NAME 5911 County Lakes Drive 2013 SW Repair / Replacement Project .ITY. SLVIT. AN* ZIP cx)ns Fort Myers, FL 33905 h:'K ux.A Heritage Greens CDD @ 2013 Sidewalk Repairs l9- ff.N"[10N Gary Rawlings (FAX NUMBER 239 - 245 - 7].20) We hereby submit specifications and estimates fur: 2013 Sidewalk Repair and Replacement Project. 1. Remove and replace sidewalks as indicated on attached INork sheets. 2. Grind down sidewalks as needed at specified locations to help prevent tripping, as indicated on attached work sheets. 3. All areas coned off during construction. 4. All areas left clean when completed. 5. Locations and work to be completed on sheets 2 and 3. NOTE: DUE TO ANY UNFO?ESEEN CONDTIONS ALL EXTRAS WILL BE AT COST PLUS BASIS. EXCLUDED: AL L PERMIT FEES, ALL PERMITS, LAYOUT, AND PLANS lie PI-Opose hereby to furnish material and labor complete i.i accordance with above specifications, for the sum of: Nine thousand nine hundred fifty ------------------------------------------------- — ----------- — --------- _-_._,_, dollars t5 'arment to be made as follows: 50% Down and Balance upon Completion All material is guraranceed to be as specified. ANI work to lsc consplettd in a wodanan like snannct according to standard practuxs. Any ,dtcntion cif deviation from ahtnc sivcil.catinn insnl,.ing nun costs will be executed only upon written orders, and will Leconte a kvua charge over :md above the c3dinatc. ,Ul agrettncncs conluircm upon strilces, acciderteN or dclars beyond our camr.d. (honer to carry tire, tornado and other ncscssary iauuranec. Our sroeiters ate fully covered by Wnrkmens Compensation Insurance. Date ofAcceptance'[ he above Prices, sp < :cifications and conditions are satisfactory and are herrby accepted. You arc authoriztd to do the )work a specified. Payment will be made as outlined above 9,950.00 Authorized Robert A. Conidaris Signature .Note: Thts proposal neay he withdra+stt by us if ant accepted ssithin 3 0 ..,,, dryy X Sigilattne — GREENS CDD 2013 SIDEWALK: REPAIRS ADDRESS DENOTES CRACKS IERITAGE GREENS DR SUBTOTAL CRESTVIEW WAY SUBTOTAL MORNING SUN LN ENTRANCE* 2396" 239:. 2381; 2376 SCHOOL XING (2) 237:. 236. 2360/2358 225:: 2236 2221 2220 FRONT 2220 SIC E (2) MORNING SUPT LN TO GC XOVER (2) 204:. 2021/2]15 1997 -].26 1997 -1.27 1981-138 1981 -3.40 1957-157 1953 -] 63 1953 -].62 1945 -3.67 1945 -].65 1937 -3.69 191"., 1913 1909 1905 190:: 189" 1893 12) 1889 1885 1601* 1605* 1633* 1649* 1657* GRIND REPLACE BID Replace 7 Slabs Replace 2 Slabs Grind 1 Slab Grind 1 Slab Grind 1 Slab Replace 2 Slabs Grind 1 Slab Grind 1 Slab Replace 2 Slabs Replace 2 Slabs Replace 1 Slab and Grind 1 Slab Grind 1 Slab Grind 1 Slab Replace 2 Slabs and Grind 1 Slab (:,rind 2 Slabs Grind 2 Slabs Replace 1 Slab and Grind 1 Slab Grind 1 Slab Grind 1 Slab Grind 1 Slab Grind 1 Slab Grind 1 Slab Grind 1 Slab Grind 1 Slab Replace 1 Slab Grind 1 Slab Grind 1 Slab Grind 1 Slab Grind 1 Slab Grind 1 Slab Grind 1 Slab Grind 1 Slab Grind 1 Slab Grind 1 Slab Grind 1 Slab Grind 1 Slab Cut 1' Section and Replace Gut 1' Section and Replace Cut 1' Section and Replace Gut 1' Section and Replace 1665/1661 Grind 1 Spot 167:.* Saw cut and Replace V Section 1677 Szrw cut and Replace 1' Section 1697 Hot Patch 1 Spot 1705 Saw cut and Replace 1' Section 1717 Grind 1 Spot 1737/3733 Grind 1 Spot 1743 * Sow cut and Replace 1' Section 187 L Grind 1 Spot 195 3 Grind 1 Spot 1987 AT GC ROVER Grind 1 Spot 1991/1995 Grind 1 Spot 2055/2051 Grind 1 Spot 2109 /2105 Grind 1 Spot 2117 Grind 1 Spot 2127 4ind 1 Spot 2135 Grind 1 Spot 2139 Grind 1 Spot 2155 Replace 2 Slabs 2185 /2179 Replace 2 Slabs 2189 Replace 2 Slabs SUBTOTAL dN CT ENTV6 Grind 1 Spot 184:. Grind 1 Spot 185:' Grind 1 Spot SUBTOTAL TOTAL 810 Tincher Concrete Construction, Inc. 16900 Gator Road Fort Myers, FL 33912 (239) 267 -7766 FAX (239) 267 -3532 Specific Notes THIS IS A PROPOSAL ONLY. CONTRACTUAL AND SCHEDUALING DETAILS TO BE AGREED UPON BEFORE START OF WORK.IN ORDER TO GUARANTEE PRICING, TCC MUST BE NOTIFIED OF PROPOSAL ACCEPATNCE WITHIN 30 DAYS OF DATED PROPOSAL. DOES NOT INCLUDE PERMITS, TESTING OF MATERIAL OR SUBGRADE.EXISTING SUBGRADE DEEMED ACCEPTABLE. ACCESS OF WORK AREA TO BE PROVIDED(CHUTE POUR FROM READYMIX TRUCK). DOES NOT INCLUDE SEALERS, (CONCRETE OR JOINT), JOINTS OTHER THAN SAWCUT U2" BITUMINOUS FIBER OR SURFACE TREATMENTS. CONCRETE WORK ONLY, LAYOUT BY OTHERS, TO BE CUT AND COMPACTED TO PROPER GRADE. PRICED BASED ON ONE CREW PER DAY DURING NORMAL DAYLIGHT HOURS, MONDAY THROUGH FRIDAY. ALL QUANTITIES ARE APPROXIMATE, FINAL PAYMENT BASED ON FEILD MEASURE. NO WORK WILL BE PERFORMED 60 (SIXTY) DAYS PAST INVOICE DATE. IF A PUMP IS NEEDED AN ADDITIONAL FEE IS REQUIRED. WE DO NOT INTEND TO BOND ANY WORK. IF NIGHT WORK IS PERFORMED AN ADDITIONAL FEE IS REQUIRED. THIS PROPOSAL AND NOTES WILL BECOME PART OF ANY CONTRACT. PAY WHEN PAY TERMS WILL NOT EXCEDE 60 DAYS FROM INVOICE DATE INCLUDING ALL CHANGE ORDERS. Proposal # 1071939 Submitted To t3FPhone Company Address City State 954- 753 -5841 Sevem Trent Services 210 North University Drive, Fax 954 - 796 -0623 Date 9/11/2013 Project Heritage Greens Sidewalk Repair Location Naples Coral Springs Engineer FL Zip 33071 Project # Subject to prompt acceptance within 30 days. We propose to furnish materials and labor at the price(s) set forth below: Drawing Date ReAslon DOW Item Quantity Unit Price Extension 4" Sidewalk Replacement 77 FA 150.00 EA 11,550 5' x 5' sections at each location Includes removal and disposal of existing sidewalk due to damage or trip hazards. No reinforcement / handtooled joints Printed: 9/11/2013 2:54:06 PM Page: 1 of 2 Specific Notes - Recap • THIS IS A PROPOSAL ONLY. CONTRACTUAL AND SCHEDUALING DETAILS TO BE AGREED UPON BEFORE START OF WORKIN ORDER TO GUARANTEE PRICING, TCC MUST BE NOTIFIED OF PROPOSAL ACCEPATNCE WITHIN 30 DAYS OF DATED PROPOSAL. • DOES NOT INCLUDE PERMITS, TESTING OF MATERIAL OR SUBGRADE.EXISTING SUBGRADE DEEMED ACCEPTABLE. • ACCESS OF WORK AREA TO BE PROVIDED(CHUTE POUR FROM READYMIX TRUCK). • DOES NOT INCLUDE SEALERS, (CONCRETE OR JOINT), JOINTS OTHER THAN SAWCUT 112" BITUMINOUS FIBER OR SURFACE TREATMENTS. • CONCRETE WORK ONLY, LAYOUT BY OTHERS, TO BE CUT AND COMPACTED TO PROPER GRADE. • PRICED BASED ON ONE CREW PER DAY DURING NORMAL DAYLIGHT HOURS, MONDAY THROUGH FRIDAY. • ALL QUANTITIES ARE APPROXIMATE, FINAL PAYMENT BASED ON FOLD MEASURE. • NO WORK WILL BE PERFORMED 60 (SIXTY) DAYS PAST INVOICE DATE. • IF A PUMP IS NEEDED AN ADDITIONAL FEE IS REQUIRED. • WE DO NOT INTEND TO BOND ANY WORK. • IF NIGHT WORK IS PERFORMED AN ADDITIONAL FEE IS REQUIRED. • THIS PROPOSAL AND NOTES WILL BECOME PART OF ANY CONTRACT. • PAY WHEN PAY TERMS WILL NOT EXCEDE 60 DAYS FROM INVOICE DATE INCLUDING ALL CHANGE ORDERS. Does not include excavation, engineering, testing, or traffic control T. C. C. will choose its own concrete supplier Note: All concrete is 3000 PSI with no reinforcement unless otherwise noted We hereby propose to furnish labor and materials - complete in accordance with the above specifications, for: Unit Price dollars $ Signature Tincher Concrete Construction, Inc. By: Terry Title Date Printed: 9/11/2013 2:54:06 PM Page: 2 of 2 HERITAGE GREENS CDD 2013 SIDEWALK REPAIRS STREET ADDRESS ' DENOTES CRACKS HERITAGE GREENS DR ENTRANCE* 2396* 2392 2388 2376 SCHOOL XING (2) 2372 2364 2360/2358 2252 2236 2224 2220 FRONT 2220 SIDE (2) SUBTOTAL VIEW WAY MORNING SUN LN TO GC XOVER (2) 2041 2021/2015 1997 -126 1997 -127 1981 -138 1981 -140 1957 -157 1953 -163 1953 -162 1945 -167 1945 -165 1937 -169 1917 1913 1909 1905 1901 1897 1893 (2) 1889 1885 SUBTOTAL MORNING SUN LN 1601* 1605* 1633• 1649* 1657* GRIND REPLACE BID 5',0 - I< 4 :51D&J" sac, 10 P S WodE' REFLAc.E 41 I-ocATloas REPiAea 3o LOCA1100* 1665/1661 �C 1673' 1677 1697 1705 1717 1737/1733 1741* 1871 1959 1987 AT GC XOVER 1991/1995 20SS/2051 2109/2105 2117 2127 2135 2139 2155 2185/2179 2189 SUBTOTAL AVAiAN Cr ENTRY' 1841 1857 SUBTOTAL TOTAL B!D 3o LOCA1100* Heritage Greens Community Development District Severn Trent Services, Management Services Division 210 North University Drive, Suite 800 • Coral Springs, Florida 33071 Telephone: (954) 753 -5841• Fax: (954) 796 -0623 REQUEST FOR BIDS The Heritage Greens Community Development District (HGCDD) is requesting bids for the following work: 2013 Sidewalk Repair /Replacement Proleet The Scope of Services will include the repair and or replacement of all sidewalk locations identified in the attached 2013 Sidewalk Repairs Bid Sheets. You are advised to inspect the property. The site address is: 2215 Heritage Greens Dr., Naples, FL 34119 Attached is a spreadsheet for the sidewalks listing all of the locations that are in need of attention. Also attached are photos of some of the sidewalk locations demonstrating the conditions that need repairs. Place a "X" for each location noting whether or not you recommend Grinding or Replacement. Please include the completed Excel sheets with your bid. • Grinding • The Americans with Disabilities Act (ADA) of 1990 defines a `trip hazard' as any vertical change of over iA inch or more at any joint or crack. • Each offset will be tapered to have a smooth, uniform appearance and texture. • The raised sidewalk will be cut from edge to edge and brought to a zero point of differential settlement, completely eliminating the trip hazard. • Replacement o Sawcut and replace concrete sections as shown on the List. Mr. Jim Marshall, Heritage Greens CDD Board Member, has graciously offered to meet with the bidders when you do your inspection of the sidewalks and answer any questions or concerns you have. If you wish to contact Mr. Marshall you may contact him at 239.596.8970. All bids should include: • Proof of Insurance naming Heritage Palms CDD as an "Additional Insured" • a copy of your W-9: Your bid should be delivered no later than September 11, 2013.at 3:OOPM to: Heritage Greens CDD c/o Severn Trent Management Services 5911 Country Lakes Drive Fort Myers, FL 33905 Bids can be faxed or emailed. • Fax# 239 -245 -7120 • gr ,vylings(cseycrn,lt.entms.com_ IPyou have any questions please feel free to contact me at: 239 - 2415 -71 18 ext. 303. Gary Rawlings Assistant District Manager Severn Trent Management Services 5911 Country lakes Drive Port Myers, 1:1, 33905 HERITAGE GREENS CDD 2013 SIDEWALK REPAIRS STREET ADDRESS GRIND REPLACE BID ......_..._.._ - -.. _. _ ...._ * DENOTES CRACKS HERITAGE GREENS DR ENTRANCE* 2396* 2392 2388 2376 _ SCHOOL XING (2) 2372 2364 2360/2358 2252 2236 2224 2220 FRONT 2220 SIDE (2) SUBTOTAL CRESTVIEW WAY MORNING SUN LN TO GC XOVER (2) 2041 2021/2015 1997 -126 1997 -127 1981 -138 1981 -140 1957 -157 1953 -163 1953 -162 1945 -167 1945 -165 1937 -169 1917 1913 1909 1905 1901 1897 1893 (2) 1889 1885 SUBTOTAL IING SUN LN 1601* 1605* 1633* 1649* 1657* 1665/1661 1673* 1677 1697 1705 1717 1737/1733 1741* _.._ 1871 1959 1987 AT GC ROVER 1991/1995 2055/2051 2109/2105 2117 2127 2135 2139 2155 2185/2179 2189 SUBTOTAL AVAIAN CT ENTRY* 1841 1857 SUBTOTAL _ TOTAL BID Y, a?¢ Y '�� �J is • ;�, ;;� ' ; �r%,� x�a� � ��"'�`�� .� Ply b ' ` .� q„• wyyT. •�. . y 9+y4 f sc R v . . .> .e T...,r -r !'`�it •;YY � ♦ ;'�.. k •",y €� t t t, � � r`' ' W � F i jS„�sr�, a:t i' �, I � r �A$ �' ji •`t..'�' �`+'fv�irysG�� �k'�7F -t�� Y , a s �• �'�k4"r!"II!•�, rib tMt'5�,t,f .+]� „ .w S„�� ��i r. S '� I> '. +. % f, • A Y!' Al*k . Y, a?¢ Y '�� �J is • ;�, ;;� ' ; �r%,� x�a� � ��"'�`�� .� Ply b ' ` .� q„• wyyT. •�. . y 9+y4 f sc R v . . .> .e T...,r -r !'`�it •;YY � ♦ ;'�.. k •",y €� t t t, � � r`' ' W � F i jS„�sr�, a:t i' �, I � r �A$ �' ji •`t..'�' �`+'fv�irysG�� �k'�7F -t�� Y , a s �• �'�k4"r!"II!•�, rib tMt'5�,t,f .+]� „ .w S„�� ��i r. S '� I> '. +. % f, • A Y!' tW WV� . 4,f 6T� , -OK g i4pail - . f WA 4 "'A V Ayr ke;' ABC Tree Services 17103 Jean Street Fort Myers, FL 33967 Phone: 239 - 633 -1665 Web: http: / /abctroesvcs.com/ TO: Heritage Greens CDD 5911 Country Lakes Drive Fort Myers, FL 33905 Phone: 239 - 245 -7118 Fax: 239- 245 -7120 Estimate August 29, 2013 Lee County License # 9503104 Collier County License #C12985 FID #65- 0068736 Quantity Description Unit Price Total Entrance -East side. There is approximately 413 lineage feet of easement. Two areas are 15' ft.wide. The other two are only 2'ft. wide. From North to South all four areas. 1. The first one is 183' long X 15' wide. 2. The second is 105' long X 2' wide 3. The third is 20' long X 15' wide. 4. The last nearest path is 105' long X 2' wide. There are mostly weeds, Brazilian Pepper tree and some small sabal palmettos. Cutting and clearing of this vegetation can only be done with small machinery and by hand. Total price includes hauling away debris: $1,440.00 I � PJ M Lawn Service & Landscaping Phone /Fax : 239 - 992 -4722 Email: pjmlawn @centrylink.net Heritage Greens Proposal Services Removal of Exotics Pepper Trees and Brush Along inside fence line on Immokalee Rd to High School fence and along East side of wall down Heritage Greens Entrance Trim up Branches of trees to Remain and clean -up all debris and removal Spray Ground with Round -up Quote Estimate $1,950.00 *Quote Includes labor, fuel, dumpage fees, and round -up. Adams, Tennille From: Adams, Tennille Sent: Wednesday, September 11, 2013 9:43 AM To: 'Joey Straface'; r4czkp3 @aol.com Subject: RE: HG - Out Street Lights Hey Joey! FPL will take 5 to 10 days to repair the street lights, fyi here's the ticket numbers for each address. 1964 Crestview Way & 1812 Avian Ct — ticket # 5232 1888 Crestview Way — ticket # 5233 2348 Heritage Greens Dr. — ticket # 5234 Tennille K. Adams E tadams@SevernTrentMS.com T (239) 245 -7118 Ext 300 • F (239) 245 -7120 5911 Country Lakes Drive • Fort Myers, FL 33905 From: Joey Straface [ mai Ito: jstraface @resortgroupinc.coml Sent: Tuesday, September 10, 2013 3:05 PM To: Adams, Tennille Subject: RE: HG - Out Street Lights Tennille,1964 crestview way 1888 crestview ,1812 avian ct,2348,heritage greens.any questions give me a call.. From: Adams, Tennille [ malito :tadams @severntrentms.coml Sent: Wednesday, September 04, 2013 11:52 AM To: istrafaceCaaresortQrou inp c.com Subject: HG - Out Street Lights Hey Joey! Ron Parrott told me that you have a list of out street lights in Heritage Greens, can I have copy so I can call FPL to have them repaired? Thanks for your help. Tennille K. Adams 1 Uplands, LLC P.O. Box 723, Alva, FL 33920 Telephone: 863 - 675 -1970 Fax: 863 - 675 -1970 Email: uplandsllc @msn.com August 31, 2013 Heritage Greens CDD Board of Directors Severn Trent Management Services RE: Wetland Service To Whom It May Concern: I, Les Stephens, the sole owner /operator of Uplands LLC have sold my company to Aquatic Weed Control, Inc. Aquatic Weed Control, Inc. will assume Uplands LLC's service contracts. The dissolution of Uplands LLC has been filed with Florida Department of State Division of Corporations. Uplands LLC hereby do terminate and release all parties with any ongoing contractual obligations to Uplands LLC. I Les Stephens have taken employment with AWC as their West Coast Regional Manager, and will still be the contact person and quality control for your account. The current price and service schedule will remain the same, but billing and administration will be handled out of their Orlando office. An AWC replacement contract, certificate of insurance and W -9 will be issued along with all pertinent AWC information. Thank you for your understanding and acceptance. Sincerely, Les Stephens AQUATIC WEED CONTROL, INC. THIS AGREEMENT made the date set forth below, by and between Aquatic Weed Control, Inc. hereinafter called "AWC", and Heritage Greens 8/31/13 c/o Severn Trent Management Services 5884 Enterprise Parkway Ft. Myers, FL 33905 Calvin Teague /Christopher Pepin Phone 239 - 245 -7118 x 302 cpepin@severntrentms.com Hereinafter called "CUSTOMER ". The parties hereto agree as follows: AWC agrees to maintain the following wetiand(s) /treatment area(s) in accordance with the terms and conditions of this agreement. Preserves located within the community of Heritage Greens in Collier County, FL CUSTOMER agrees to pay AWC in the following amount and manner: - Chemically treat in place all FLEPPC's category 1 & 2 $880.00 (per treatment) exotic invasive plants in designated preserve areas (approx. once every 6 mo.) Total annual cost: $1,760.00 Scheduled treatments will be provided on a semi - annual basis. Invoices for this service will be mailed each month the treatment is scheduled. Unpaid invoices will accrue interest at 1.5% per month. AWC maintains 2 million dollars general liability, 1 million dollars commercial auto, pollution liability, herbicide /pesticide operations, workers compensation and 3 million dollars excess umbrella. Certificates will be provided upon request. Aquatic Weed Control, Inc. ACCEPTANCE OF AGREEMENT agerg° Cust ignature Title Print Signature Date C5 �(eeus C�0 Print Conte ny Name P.O. Box 593258 1 Orlando, Florida 32859 s (800) 543 -6694 Fax (407) 859 -3275 AQUATIC WEED CONTROL, INC. Terms & Conditions of Services Agreement Customer agrees that the services to be provided are for the benefit of Customer regardless of whether the Customer has direct legal ownership of the conservation areas, wetland areas, upland areas, preserve areas and /or natural areas specified. In the event that Customer does not directly own the areas where services are to be provided, Customer warrants and represents that he has control of these areas to the extent that he may authorize the specified services and agrees to hold AWC harmless for the consequences of such services not arising out of AWC's sole negligence or willful misconduct. 2. Neither party shall be responsible in damages, penalties or otherwise for any failure or delay in the performance of any of its obligations hereunder caused by strikes, riots, war, acts of God, accidents, governmental order and regulations, curtailment or failure to obtain sufficient material or other cause (whether or not of the same class or kind as those set forth above) beyond its reasonable control and which, by the exercise of due diligence, it is unable to overcome. Should AWC be prohibited, restricted or otherwise prevented from rendering specified services by any of the conditions, AWC shall notify Customer of said condition and of the excess direct costs arising therefrom. Customer shall have thirty (30) days after receipt of said notice to terminate this Agreement by so notifying AWC in writing. 3. AWC at its expense, shall maintain the following insurance coverages: Workman's Compensation (statutory limits), General Liability, Property Damage, and Automobile Liability with coverage minimums specified on page 1 of the agreement. AWC agrees to that Customer, its staff, consultants, agents and supervisors shall be named as an additional insured on all policies required (excluding worker's compensation). Contractor shall furnish District with the Certificate of Insurance evidencing compliance with this requirement. 4. AWC agrees to hold Customer, its agents, employees, officers, directors, supervisors harmless from any loss, damage or claims arising out of the sole negligence or willful misconduct of AWC, its subcontractors, agents, employees, officers, directors, however, AWC shall in no event be liable to Customer, or others, for indirect, special or consequential damages resulting from any cause whatsoever. 5. Either party may cancel this agreement with 30 days prior written notice. Upon cancellation, all outstanding balances will be due in. full. CUSTCMER agrees to notify AWC in writing prior to any changes in ownership or property management. Changes in ownership or property management will not constitute termination of this agreement. 5 in the event of litigation arising out of either party's obligations under this Agreement, venue shall lie in Collier County, Florida and the prevailing party shall be entitled to recover its attorney's fees and costs from the non - prevailing party. including but not limited to trial level fees, bankruptcy fees and appellate fees.