Agenda 06/14/2011 Item #16A16
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6/14/2011 Item 16.A.16.
EXECUTfVES~RY
Recommendation to approve and ratify Staff's extension of Contract # 09-5197 "Annual Contract for
Roadway Contractors" with Better Roads, Inc. and approval of a time extension change to Work Order #
4500117578 in order to process the Contractor's final invoice for work completed for the ~~2010
Countywide Sidewalk Improvements."
OBJECTIVE: For the Board to approve and ratify Staff's authorization of a time extension to
Contract # 09-5197 and its associated expired work order number 4500117578.
CONSIDERATIONS: Collier County entered into Contract #09-5197 with Better Roads, Inc., on
June 23, 2009 for "Annual Contract for Roadway Contractors." On June 14,2010, the County issued
Better Roads, Inc., a Notice to Proceed to provide construction services for the 2010 Countywide
Sidewalk Improvements using Work Order #4500117578. The change sought to this Work Order is
for additional quantities, quantity adjustment, and a time extension. Field conditions are the reason
changes to the Work Order are necessary to complete this project.
On Manatee Road, the original design was to pipe the swale next to the roadway. The Collier County
Water Department would not allow the culvert piping to be placed over the water main that was field
located during construction. Therefore, the design was modified to an open swale section with mitered
end sections. During the final walkthrough inspection, staff decided to add a handrail between the
open swale and sidewalk for safety. Changes were also made on Orange Blossom Drive that included
tree removal not clearly identified on the plans and installation of floratam sod to replace the sod
removed during construction in kind. Additional piping and a mitered end section were also installed
along Orange Blossom Drive to increase the safety near the sidewalk.
Contract #09-5197 expired on January 25, 2011. Staff issued Work Order #4500117578 while the
Contract between Collier County and Better Roads, Inc. was still in effect. Staff issued time e:>>.'tension
change orders to cumulatively extend this work order 106 days. Better Roads, Inc. has successfully
completed the work at Staff's request, to the benefit of the County, and staff recommends approval.
FISCAL IMPACT: The fiscal impact is estimated at $13,900.00.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney is providing an "after the fact" review of
staff's prior extension of the referenced contract and associated work order. The Board is authorized to
detem1ine the validity of equitable claims such as quantum meruit and determine that the relief sought
equitably reflects the fair value of the work perfonned and furnished to the County, for which the
County has benefited, and approve and ratify the extension of the contract, associated change to the
Work Order and authorize any remaining payment owed to the vendor.
RECOMMENDATION: That the Board approve and ratifY Staff's extension of Contract # 09-5197
"Annual Contract for Roadway Contractors" with Better Roads, Inc., approve the change to Work
Order # 4500117578 extend the time required to complete the project under the Work Order, and
authorize the remaining payment owed to the vendor..
Prepared by: Daniel G. Hall, P.E., Sr. Project Manager,
Transportation Engineering, Growth Management Division.
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6/14/2011 Item 16.A.16.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.16.
Item Summary: Recommendation to approve and ratify Staff's extension of Contract #
09-5197 "Annual Contract for Roadway Contractors" with Better Roads, Inc. and approval of a
time extension change to Work Order # 4500117578 in order to process the Contractor's final
invoice for work completed for the "2010 Countywide Sidewalk Improvements."
Meeting Date: 6/14/2011
Prepared By
Name: LynchDiane
Title: Administrative Assistant
5/19/2011 2:32:34 PM
Submitted by
Title: Project Manager, Senior,Transportation Engineering
Name: Daniel Hall
5/19/20112:32:35 PM
Approved By
Name: NauthRookmin
Title: ManagementlBudget Analyst,Transportation Administr
Date: 5/24/20119:07:17 AM
Name: KhawajaAnthony
Title: Engineer - Traffic Operations,Transportation Engineering & Construction Management
Date: 5/24/2011 12:00:01 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 5/24/2011 3 :21 : 11 PM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 5/25/2011 9:10:07 AM
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6/14/2011 Item 16.A.16.
Name: CalvertEugene
Title: Project Manager, Principal,Transportation Engineering & Construction Management
Date: 5/25/2011 2:05:49 PM
Name: Carnell Steve
Title: Director - Purchasing/General Services,Purchasing
Date: 5/26/201 I 7:55:51 AM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & Construction Management
Date: 5/27/2011 9:35:37 AM
Name: OrdonezJuIio
Title: Project Manager, Principal, Transportation Engineer
Date: 5/31/2011 9:56:08 AM
Name: MarceIIaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/31/2011 3:16:53 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 6/2/2011 7:04:17 AM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 6/2/2011 10:39:58 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/3/2011 3:21:13 PM
Nalne: Isacksol~ark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 6/6/2011 11 :29:51 AM
Nalne: Isacksol~ark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 6/6/2011 11:56:26 AM
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6/14/2011 Item 16.A.16.
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TO: Better Roads, Inc.
1910 Seward Avenue
Naples, FL 34101
CHANGE ORDER TO WORKORDER
FROM: Transportation Engineering
2885 Horseshoe Drive South
Naples, FL 34104
I..,.~t .
Project: 2010 Countywide Sidewalk Improvements
Work Order Date: April 27 ,20 I 0
Change Order No.: 1
Project #: 69081.5
P.0.#:4500l17578
Change Order Description:
This change order is for additional quantities, quantity adjustment, and time extension.
Changes to this project were made due to field conditions. On Manatee Road, the original
design was to pipe the swale next to the roadway. The Collier County Water Department
would not allow the culvert piping to be placed over the water main that was field located
during construction. Therefore, the design was modified to an open swale section with
mitered end sections. During the final walkthrough inspection, it was determined to add a
handrail between the open swale and sidewalk for safety. Changes were also made on
Orange Blossom Drive that included tree removal not clearly identified on the plans and
installation offloratam sod to replace the sod removed during construction in kind.
Additional piping and a mitered end section were also installed along Orange Blossom Drive
to increase the safety near the sidewalk.
Original agreement amount ...............................................................$ 95,761.50
Sum of Previous Changes............................................... ....$ 0.00
This Change Order No. I Amount (add or subtract) .........................$ 8.223.57
Revised Agreelnent AlllOllnt.............. .................................... ............ $ 103,985.07
Original contract time in calendar days............................................. 90 days
Adjusted number of calendar days due to previous change orders .......... ..... 18 days
This change order adjusted time is.................................................... 88 days
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Revised Contract Time hI workbtg days........................................... ...196 days
Original Notice to Proceed date ..................................................
Completion date based on original contract time ........................
Revised completion date due to change order(s).........................
June 14,2010
September 12, 2010
December 27, 2010
Your acceptance of this change order shall constitute a modification to our Agreement and
will be performed subject to all the same terms and conditions as contained in said
Agreement indicated above, as fully as if the same were repeated in this acceptance. The
adjustment, to this Agreement shall constitute a full and final settlement of any and all claims
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by: tic) t;;"VVt;'..eJ) <i /2J t.t-J!J)
Daniel G. Hall, P.E., Sr. Project Manager
Transportation Engineering
<'J -"'~-"I ,-.~'~7 ~<(;/....
/ ! /'1 /' /,...~
Accepted by:..;"'/~..:. "'7r'.:::::/;;,f:-"... -Li:i:Z4L.
BeUer Roads~ 111C."
Date: Z Ie I { I (
Date: 2- /z-/ I
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Approved by: c/l ~
.T a~;f.~ \nitr. P .~9f.71llsportatiofl Engineering Director
r ; / ./ t:t'~i
Approved by: ,/ hn~"'.~:!-t"-~'.{j--- Date: :1 /r:i it I
~ N6r;iian E. Feder; AICP, Growth Management Administrator /
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Approved by: !
Rhonda Cummings, Contract Specialist
Dale: ;2// /tJ
,
Date:
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cdrLl8-r CoID'1ty
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Adillf1islrautJe Services ONision
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6/14/2011 Item 16.A.16.
Purchasing Department
Change Modification Form
o Contract Change Request
o Work Order Modification
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Contract #: 09-
5197 I
projecr #: 69081
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Original ContractIWork Order Amount
Current; BCC Approved Amount
Current! ContractIWork Order Amount
Dollar Amount of this Change
Revised New ContractIWork Order Totar
Cumul~live Chanaes
Mod#: 1
POlWork Order #:
4500117578
Department: Transportation
Enaineerin
Project Name: 2010 Countywide
Sidewalk 1m rovements
Contractor/Firm Name: Better Roads.
Inc.
Project Manager: Dan
Hall
$ 95.761.50
#N/A
$ 95.761.50
$8.223.57
$ 103.985.07
$8.223.57
Onginal BCC Approval Date; Agenda Item #
Last BCe Approval Date; Agenda Item #
Change from Current BCC Approved Amount
Chanae from Current Amount
1 Completion Date, Description of the Task(s) Change, and Rationale for the Change
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Origin~1 notice to proceed Last approved completion date: I Revised completion date (includes this
compl~tion date: June 14. 2010 September 30,2010 change): December 27.2010
Numb~r of days added (if Explain why additional days are needed (detailed/specific): During the final
extension. must attach current walkthrough inspection of the project, we decided that a handrail would be necessary
insura~ce certificate(s) from SAP on Manatee Road to improve the safety. The additional time was necessary to design,
or obtclin from vendor): 88 obtain oricina. and install the chanaes.
[g] Ad1 new task(s) I D Change task(s) I ~ Delete task(s) I D Other (specify):
1. Prpvide detailed rationale for the requested change:
T~is change order is for additional quantities, quantity adjustment, and time extension. Changes to this project
w~re made due to field conditions. On Manatee Road, the original design was to pipe the swale ne;.."! to the
ro~dway. The Collier County Water Department would not allow the culvert piping to be placed over the
wdter main that was ficld locatcd during construction. Therefore, the design was modified to an open swale
sebtion with mitered end sections. During the final walkthrough inspection, it was determined to add a
hardrail betw~en the open swale and sidewalk for safety. Changes were also made on Orange Blossom Drive
th~t included tree removal not clearly identified on the plans and installation offloratam sod to replace the sod
I re~lOved during construction in kind. Additional piping and a mitered end section were also installed along
O~ange Blossom Drive to increase the safety near the sidewalk.
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l2. Prpvide detailed rationale for the requested change: (see above)
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3. Provide explanation why change was not anticipated in original scope of work: (see above)
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4. DJscribe the impact If this change is not processed: Failure of the water main located during construction a~d steep
dr?p offs near the sidewalk edge.
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1. Planned / Elective
o 4. €orrection of error(s)
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Type of Change / Modification
2. Unforeseen conditions/circumstance
5. Value added
Change Requested By
i D Usina Department
; [] Other (s eei ):
DYes [2?J No
I APproyed by (Name and Title):
I Reviey.<ed by (Purchasing Professional):
Date:
I Date:
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Packet Page -1036-
Revised: 2/2111
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6/14/2011 Item 16.A.16.
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ACORtJ
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CERTIFICA'E OF LIABILITY INSURANCE
DArt: (MWDDIVYI'Y)
0610112010
THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
DUCER
I Marsh
b 3031 N. Rocky Point Drive, Suite 700
Tampa, FL 33607
Altn: Erica Connick (813) 207-5100
1 01266-Belt-Cas-l0-1 1
INSURED
! BeUer Roads, Inc.
i 1910 Seward Avenue
i Naples, FL 34 109
I INSURERS AFFORDING COVERAGE
i
i INSURER '" Travelers Property Casualty Company or
: INSURER a: Everest National Insurance Co
~ INSURER C: Charter Oak Fire Insurance Company
I INSURER D:
INSURER E:
I NAlC .
125674
I
110120
:25615
I
1___
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THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TIiE INSURED NAMED ABOVE FOR THE POliCY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITIi RESPECT TO WHICH THIS CERTIFICATE
MAY BE ISSUED OR MAY PERTAIN, TIiE INSURANCE AFFORDED BY THE POliCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND
CONDIIL~S OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
/NSR/ADD'a TYPE OF INSURANCE I POLICY NUMBER ' POLICY EFf'ECT'1\IE ! POLICY DPlItATION 1 LIMITS
ILTR!INSR DATE (IM'IlIlIYY'Nl IllATEI~
A ,GENERAL LIABIUTY IVTJ EXGL 5800B671 06/01/2010 ! 06/01/201 1 EACH OCCURRENCE ,$ , 000 000
~__G~_~N ! DAMAGE TO RENTED Is 500,000
: PREMISESIEs DCcurrence) ..
_ ClAIMS MADE 0 OCCUR : MED EXP IAnv one person) Is
I 2U SIIi:.$25Q,OOO : PERSONAL & p.J)V IN.PJRY Is 1,000,000
I I i GENERAL AGGREGATE !$ 2,000,000
I GENERAL AGGREGATE UMIT APPLIES PER , PRODUCTS. COMPiOP AG"1$ 2.000.000
Xl POUCY n ~~ n LOC , I
A AUTOMOBILE LIABILITY iVTC2J CAP 5800B683 06101/2010 i 0610112011 COMBINED SINGLE LIMIT 1$
'x- ANY AUTO i (Ea accident) 2,000,000
I-- ALL OWNED AUTOS BODILY INJURY I:
I-- (Psr per.lOn)
I-- SCHEDULED AUTOS
I ! HIRED AUTOS . BODILY INJURY
1 ~NON-oWNEDAUTOS " I (Psr scx:idont) I
i
I i i PROPERTY DAMAGE ~S
l \ i j (Psr accldant)
I ! ,
I I GARAGE LIABILITY I I AUTO ONL V. EA ACCIDENT IS
R AllY AUTO , I '$
IOTHERTHAN EAACC 1
. I AUTO ONLY: AGG IS
IB ; EXCESS I UMBRELLA LIABILITY 71C1000117101 0610112010 I 06/01/2011 , EACH OCCURRENCE IS 5.000,000
PJ OCCUR [l CLAIMS MADE i AGGREGATE is 5,000,000
j ~~
H DEDUCTIBLE I
RETENTION S I ~
,~
C WORKERS COMPENSATION AND ;VTC20 UB 5800B66A I 06101/2010 06/01/2011 'X I WC STATU. I JOTH-I
EMPLOYERS'LIABILITY ! J iTt\;?V IIUtT~ C::R ..-
ANY PROPRIETORIPARTNERTd<ECUllVE Y I N I E L EACH ACCIDENT . $ 1.000.000
i OFACERlMEMBER EXCLUDED? [E] I ~L DISEASE. Ell Et.'PLOYEE $ 1,000,000
IlMandalD~ In NH\ fft"S, d..crille uncler ~.LDlSEASE-POUCYLIMIT !$ 1,000,000
. , SPECIAL ROVISIO 5 tw!1N1
,C OTHER Aulo Physical Damage jVT J BAP 5800B695 I 0Ml1/201O I 06/01/201 1 I ComplCollision Deductible:
! I 2004 vehicles or newer: $5,000
20,000 Ibs or hBavier: $10,000
I ! I
DESCRIPTION OF OPERATlONSILOCATlONSlVEHICLESIEXCLUSIONS ADDED BY ENOORSEMENl1SPECIAL PROVISIONS
Re: Vanderbilt Beach Road Roadway Improvements, PO # 45001 17495 (under Contract 09-5197).
, Collier Co. 80CC is included as Addilionallnsured where required by written contract or agreement with respect to General Liability and Auto Liability.
I
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COVERAGES
CERTIFICATE HOLDER
ATL-002135240-17
CANCELLATION
Collier Co. BOCC
3301 Tamiami Trail East
Naples, FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES aE CANCELLED BEFORE TIlE
ExPIRATION DATE THEREOf, THE ISSUING INSURER WILL ENDEAVOR TO IlAIL
~ DAYS WRITTEN NOTICE TO TllE CERTIFICATE HOLDER NAMED TO TllE LEft,
BUT FAILURE TO DO SO SHALL IMPOSE ND OBUGATlON OR LIABILITY OF ANY KIND
,
ACORD 25 (2009/01)
UPON THE INSURER,
IAllJIl. .0. JUZEIl .00"""",,-rA'lVE
01 Nlarsh USA Inc..
Enca Cannic;k
@ 199&-2009 ACORD CORPORATION. All Rights Reserved
The ACORD name and logo are registered marks of ACORD .:: ~ 0 7
ITS
AGENTS OR
O~ '."
REPRESENTATIVES.
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CJflANGE ORDER NO
NA DOCUMENT G701
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6/14/2011 Item 16.A.16.
11410
DATE:
213/2011
PROJECT:
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T9 OWNER:
2010 Countywide Sidewalk Improvements
4500117578
Collier County Board of Commissioners
Attn.: Accounts Payable
Building F 7th Floor
3301 Tamiaml Trail E
Naples, FL 34112
TIflE CONTRACT IS CHANGED AS FOLLOWS:
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AI;>DITIONAl ITEMS:
522-2 Sidewalk (Concret~, 6")
570-1-2 p~rformance Turf (8ahia)
700-20-4 Sign, Single Post (Relocation)
711-11-121 Tl'l3ffic Strips, Solid, Thermo. (6" White)
711-11-123 T~affic Stripe, Solid, Termo. (12" White)
711-11-125 Trflffic Stripe, Solid, Thermo. (24" White)
Manatee Road
Mitered End Section
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Handraillnslalled
~range Blossom
Pipe Culvert, RCP, 15" Round
Mltered End Section
Cpncrete Collar
T~ee Removal
Flpratam Sod
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TOTAL ADDITIONAL
DEDUCTIVE ITEMS:
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104-10-3
700-20-11
i
Slaked Silt Fence (Type 1II)
sign. Single Post
I
iManatee Road
M~nhole Bottom Type J Special (Labor Credit)
11"X23" RCP
TOTAL DEDUCTIVE
TOTAL CHANGE
Nbt valid until signed by the Contractor and Subcontractor.
QUANTITY UNIT UNIT PRICE TOTAL
21.40 SY $31.50 $674.10
29.50 SY $2.00 $59.00
3.00 AMBY $111.55 $334.65
8.00 LF $0.80 $6.40
17.00 LF $2.45 $41.65
100.00 LF $4.25 $425.00
2.00 EA $745.00 1,490.00
1.00 LS $2,900.00 $2,900.00
8.00 EACH $23.00 184.00
1.00 EACH $745.00 745.00
1.00 EACH $540.00 540.00
1.00 LS $1,426.67 1,426.67
890.00 SY $2.45 $2,180.50
$11.006.97
QUANTITY UNIT UNIT PRICE TOTAL
(88.00) LF 1.80 (158.40)
(1.00) AMBY 335.00 (335.00)
1.00 LS (650.00) (650.00)
(40.00) LF 41.00 (1,640.00)
(2,783.40)
$8.223.57
The orginal Contract sum was
N~t change by previously authorized Change Orders
Tre Contract Sum prior to this Change Order was
Tre Contract Sum will be increased by this Change Order in the amount of
The new Contract Sum including this Change Order will be
driginal contract time In calendar days. . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - .
ApJusted number of calendar days due to previous change order. . . . . . . . . . . . . . . . . . . . . . . . - . . .
T~is change order adjusted time is. . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revised Contract Time in working days. . . . . . . .. . . . , .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .
$95,761.50
$0.00
$95.761.50
$8.223.57
$103,985.07
150
o
46
196
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6/14/2011 Item 16.A.16.
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NOTE: This summary does not reflect changes In the Contract Sum, Contract Tima or
Guaranteed Maximum Price which have been authorized by Construction Change
Directive.
BETTER ROADS, INC.
CONTRACTOR
1910 SEWARD AVENUE
Address
NAPLES, FL 34109
BY: ();r1c{ 1?1t1--~
DATE: J.-;- ((
Collier County Board of Commissioners
OWNER
3301 Tamiaml Tran E
Address
Naples, FL 34112
BY:
DATE:
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