Backup Documents 01/23-24/2007 R
BOARD OF
COUNTY
COMMISSIONERS
REGULAR
MEETING
BACK-UP DOCUMENTS
January 23, 2007
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
January 23-24, 2007
9:00 AM
Jim Coletta, Chairman, District 5
Tom Henning, Vice-Chairman, District 3
Donna Fiala, Commissioner, District 1
Frank Halas, Commissioner, District 2
Fred W. Coyle, Commissioner, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED REQUIRES
THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING
ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE
BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO
THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
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January 23-24, 2007
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO THREE (3)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE A V AILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
Approved and/or Adopted with changes - 5/0
B. December 7, 2006 - BCC/Land Development Code Meeting
Approved as presented - 5/0
C. January 10,2007 - BCC Special Meeting with South Florida Water
Management District (Minutes & Records request)
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1) Steven Epright, EMS
Not Present
2) Tracey Payne, IT
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January 23-24, 2007
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Presented
B. 25 Year Attendees
1) Sue Filson, BCC Office
Presented
4. PROCLAMATIONS
A. Proclamation designating January 21, 2007 - January 27, 2007 as Hazardous
Materials Awareness Week. Proclamation will be accepted by Richard A.
Zyvoloski, Jr., Emergency Management Coordinator, Bureau of Emergency
Services.
Adopted - 5/0
B. Proclamation designating January 1, 2007 through December 31, 2007 as the
Golden Anniversary Year for the Friends of the Library of Collier County,
Inc. and Collier County Public Library. To be accepted by Mr. Nick Linn,
President, Friends of the Library of Collier County and Ms. Marilyn
Matthes, Director, Collier County Public Library.
Adopted - 5/0
5. PRESENTATIONS
A. Widening the existing two lane rural roadway of Vanderbilt Beach Road to a
six lane urban roadway between Airport-Pulling and Collier Boulevard.
Project has six foot sidewalk and four foot bike lanes on both sides. This
project of 5.39 miles has over 25 miles of underground utility work.
Discussed
6. PUBLIC PETITIONS
A. Public Petition request by Joseph Harrington to discuss addition of a patio
enclosure to buffer noise from sewer system.
Motion to not take action on this item - Approved 4/1 (Commissioner
Fiala opposed)
B. Public Petition request by Larry Baytos to discuss the merits of an
exploratory study of Home Rule Charter Government.
Discussed
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January 23-24, 2007
Item 7 and 8 to be heard no sooner than 1 :00 p.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item to be heard before Companion Item 8B PUDZ-A-2006-AR-
9021 LASIConservation CFPUD. This item was continued from the
November 28. 2006 BCC meetine: and the December 12. 2006 BCC
meetine:. This item reQuires that all participants be sworn in and ex
parte disclosure be provided bv Commission members. Petition: PUDA-
2006-AR-9576 The Club Estates II, LLC, represented by Michael
Fernandez, AICP, of Planning Development Incorporated, requesting a PUD
Amendment to change the Club Estates Planned Unit Development (PUD)
to Homes of Islandia Residential Planned Unit Development (RPUD). The
proposed amendment seeks to remove 99 acres from the original PUD,
reduce the number of allowable dwelling units from 49 to 28, change the
name and remove a recreation tract and a common trash collection area as
requirements. The subject property is 155.3 acres, with a proposed density of
0.18 units per acre, and is located on the west side of Collier Boulevard
(C.R. 951), approximately 1 mile north of Rattlesnake-Hammock Road, in
Section 10, Township 50 South, Range 26 East, Collier County, Florida.
(Companion to Item #8B: PUDZ-A-2006-AR-9021 LASIP Conservation
CFPUD)
Ordinance 2007-04 Adopted w/changes - 5/0
B. This item to be heard followine: Companion Item #8A: PUDA-2006-AR-
9576 Homes of Islandia RPUD. This item was continued from the
November 28. 2006 BCC Meetine: and the December 12. 2006 BCC
Meetine:. This item reQuires that all participants be sworn in and ex
parte disclosure be provided bv Commission members. PUDZ-A-2006-
AR-9021 LASIP Conservation CFPUD Collier County Transportation
Division, represented by Fred Reisch1, AICP, of Agnoli Barber & Brundage,
requesting a PUD to PUD Rezone (The Club Estates) to PUD (LASIP
Conservation Area). The CFPUD is currently part of The Club Estates PUD.
That PUD is being amended concurrently to remove the 99.3 acres that are
the subject of the petition. The LASIP Conservation Area CFPUD is owned
by Collier County. The site is currently governed by a conservation
easement. The proposed uses include restoration, protection and preservation
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January 23-24, 2007
of native vegetative communities and wildlife habitat; a necessary use of
passive recreation is also described. The subject property is located along
Collier Boulevard, south of Club Estates Drive and north of Naples Lakes
Country Club, in Section 9, Township 50 South, Range 26 East, Collier
County, Florida. (Companion to Item #8A: PUDA-2006-AR-9576 Homes
of Islandia)
Ordinance 2007-05 Adopted w/a change - 5/0
C. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. DOA-2005-AR-8543:
Airport Road Limited Partnership, represented by Karen Bishop, of PMS,
Inc., and Richard Yovanovich, of Good1ette, Coleman and Johnson,
requesting an amendment to the Pine Air Lakes Development of Regional
Impact (DRI) Development Order to allow an increase in the maximum
development area of 957,000 square footage (further limited to 707,000
square feet of retail and 250,000 square feet of office), to a maximum total
of 1,075,000 square feet (further limited to 1,000,000 square feet of retail
space and 75,000 square feet of office use); extend the build-out date from
October 15,2005 to October 15,2010. The subject 148.99 acres, is located
along the west side of Airport-Pulling Road, parallel to and approximately
1,600 feet north of Pine Ridge Road; and along both sides of Naples
Boulevard, in Section 11, Township 49 South, Range 25 East, Collier
County, Florida. (Companion to Petition PUDZ-A-AR-8550)
Motion to continue - Approved 5/0
D. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-A-2005-AR-
8550: Airport Road Limited Partnership, represented by Karen Bishop, of
PMS Inc., of Naples and Richard Yovanovich, of Goodlette, Coleman and
Johnson, requesting an amendment of the Pine Air Lakes Planned Unit
Development (PUD) last revised in Ordinance No. 94-25, to allow an
increase in the maximum development area of 957,000 square footage
(further limited to 707,000 square feet of retail and 250,000 square feet of
office), to a maximum total of 1,075,000 square feet (further limited to
1,000,000 square feet of retail space and 75,000 square feet of office use);
extend the build-out date from October 15,2005 to October 15,2010. The
subject 148.99 acres, is located along the west side of Airport-Pulling Road,
parallel to and approximately 1,600 feet north of Pine Ridge Road; and
along both sides of Naples Boulevard, in Section 11, Township 49 South,
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January 23-24, 2007
Range 25 East, Collier County, Florida. (Companion to Petition DRI-
DOA-2005-AR-8543)
Motion to Continue - Approved 5/0
E. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition PUDA-2005-
AR-7818, Freeland and Schuh, Inc., represented by Tim Hancock, of
Davidson Engineering, is requesting an amendment to the Pine View PUD
to permit automotive sales within the PUD and increase the allowable
building height from 35 feet to 45 feet. The subject property, consisting of
15.58 acres, is located on the southwest corner of Pine Ridge Road and
Whippoorwill Lane, in Section 18, Township 49 South, Range 26 East,
Collier County, Florida.
Ordinance 2007-06 Adopted w/change (without item # 1) - 5/0
F. This item is a companion to Items 10E and 10F which will be heard at
1 :00 p.m. This item reQuires that all participants be sworn in and ex
parte disclosure be provided by Commission members. Petition PUDZ-
A-2004-AR-6417 Ronald Benderson et ai, Trustee, represented by Robert L.
Duane, AICP, of Hole Montes, Inc., requesting to rezone from Planned Unit
Development (PUD) to Commercial Planned Unit Development (CPUD)
known as the I-75/Alligator Alley Commercial PUD. The proposed PUD
amendment requests the following: to reduce the size of the Preserve/Water
Management Area from 15 acres currently required by the PUD to 10.58
acres; to delete residential uses as a permitted use; to provide a new list of
commercial uses comparable to those allowed in the C-1 through C4
Commercial Districts, with SIC codes; modify the PUD Master Plan to
depict the footprints of existing land uses and conceptual footprints for
undeveloped tracts; to modify the circulation system; to establish a
maximum square footage of265,000 square feet of retail and office area; to
relocate the existing western entrance 50 feet to the east; and to delete the 50
foot perimeter setback. The property consisting of 40.8 acres, is located on
the north side of Davis Boulevard in proximity to the intersection of Collier
Boulevard (CR- 951) and 1-75. The subject property is located in Section 34,
Township 49 South, Range 26 East, Collier County, Florida. (Companion
to Item #10E: Developers Contribution Agreement)
Motion to table Items 10E, 10F and 8F - Approved 5/0
Motion to continue all Items to the next BCC Meeting February 13,
2007 - Approved 5/0
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January 23-24, 2007
G. This item was continued from the November 14.2006 BCC meetine:.
This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDEX-2006-AR-
9610 G.L. Homes of Naples II Corporation, represented by Robert Duane, of
Hole Montes, is requesting two 2-year PUD Extensions for the Terafina
PUD (Ordinance 04-15) which is scheduled to sunset on March 9,2007. The
subject property consists of 636.8 acres and is located 1 mile north of
Immokalee Road, north of the Olde Cypress PUD and east of Quail Creek,
in Section 16, Township 48 South, Range 26 East, Collier County, Florida.
Resolution 2007-31: Motion to recognize petitioner's request that their
project be tolled until land owner obtains permits - Adopted 3/2
(Commissioner Fiala and Commissioner Coyle opposed)
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Collier County Code Enforcement Board.
Resolution 2007-23 Appointing Kenneth Kelly and Jerry Morgan as
regular members and Lionel L 'Esperance as an alternate member -
Adopted 5/0
B. Appointment of member to the Educational Facilities Authority.
Resolution 2007-24 Re-appointing Alice Carlson - Adopted 5/0
C. Appointment of member to the Industrial Development Authority.
Resolution 2007-25 Re-appointing Alice Carlson - Adopted 5/0
D. Appointment of member to the Public Vehicle Advisory Committee.
Resolution 2007-26 Appointing Steven Quinn - Adopted 5/0
(Commissioner Fiala absent)
E. Appointment of member to the Ochopee Fire Control District Advisory
Committee.
Resolution 2007-27 Appointing Mitchell Roberts - Adopted 4/0
(Commissioner Fiala absent)
F. Appointment of member to the Bayshore/Gateway Triangle Local
Redevelopment Advisory Board.
Resolution 2007-28 Appointing Bruce Prelble - Adopted 5/0
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January 23-24, 2007
G. Appointment of member to the Isles of Capri Fire Control District Advisory
Committee.
Resolution 2007-29 Appointing Thomas Decker - Adopted 5/0
H. Appointment of members to the Land Acquisition Advisory Committee.
Resolution 2007-30 Re-appointing Marco Espinar, Michael Delate and
Mimi Wolok- Adopted 5/0
Continued Indefinitcly
I. Appointment of member to the Pelican Bay Services Division Board.
J.
K.
L.
Added
M.
Request Board to set the balloting date for the recommendation of members
to the Pelican Bay Services Division board by Record Title Owners of
property within Pelican Bay.
Date of March 2, 2007 - Approved 5/0
Recommendation to assign to the County Government Productivity
Committee the task of studying the potential benefits of a charter
government compared to our present form of government, and to direct The
Productivity Committee to report their findings and recommendations to the
Board of County Commissioners. (Commissioner Coletta)
Motion to meet in committee to discuss charter government - Approved
5/0
Discussion regarding Collier County's position on property insurance
legislation. (Commissioner Coyle)
Motion to add to legislative initiatives and to have staff draft a
resolution - Approved 4/0 (Commissioner Henning out)
Board of County Commissioners to consider staff direction to place CP-
2006-06 in the 2005 Growth Management Plan Amendment Cycle, or to
create a special cycle for GMP amendments that provide affordable housing.
Motion to add to 2005 GMP cycle w/limitations - Denied 3/2
(Commissioner Coyle and Commissioner Halas opposed)
(January 24,2007)
10. COUNTY MANAGER'S REPORT
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January 23-24,2007
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A. This item to be heard at 11 :00 a.m. Recommendation to approve the fourth
Conservation Collier Active Acquisition List and direction for the County
Manager or his designee to actively pursue projects recommended within the
A-category. (Joseph K. Schmitt, Administrator, Community Development
and Environmental Services)
Motion to approve A-list negotiations as modified w/exception of
Winchester Head ( to be brought back) and Fleischmann property to be
moved to a-list; Motion to approve B-list and C-list - Approved 5/0
B. This is a Companion Item to Item 14B and to be heard after Items 14A
and 14B are discussed by the CRA at 4:30 p.m. Recommendation of the
Immokalee Redevelopment Advisory Board and Immokalee Enterprise Zone
Development Agency to the Collier County Board of County
Commissioners to establish an office in Immokalee. (Joseph K. Schmitt,
Administrator, Community Development and Environmental Services)
Approved - 5/0
C. This item to be heard at 4:45 p.m. Quarterly Report of the Immokalee
Enterprise Zone Development Agency to the Collier County Board of
County Commissioners of Progress Ending on December 31, 2006 (Joseph
K. Schmitt, Administrator, Community Development and Environmental
Services)
Accepted - 4/0 (Commissioner Coyle out)
D. Recommendation to approve the FY 07 agreement between Collier County
Board of Commissioners and the David Lawrence Mental Health Center,
Inc. in the amount of $1 ,035,600. (Marla Ramsey, Administrator, Public
Services)
Approved - 5/0 (January 24, 2007)
E. This item to be heard at 1 :00 p.m. Recommendation to approve a
Developers Contribution Agreement (DCA) between Waterways Joint
Venture VII (The Developer) and Collier County to obtain property for
roadway water management, drainage and access easements for the future
expansion of Davis Boulevard. (Norman Feder, Administrator,
Transportation Services)
Motion to table Items 10E, 10F and 8F - Approved 5/0
Motion to continue all Items to the next BCC Meeting February 13,
2007 - Approved 5/0
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January 23-24, 2007
F. This item to be heard at 1:00 p.m. Recommendation to approve a
Developers Contribution Agreement (DCA) between Benderson, Westport
and Davis Crossing (The Developers) and Collier County to obtain right-of-
way, easements drainage commitments and advanced funding for the future
expansion of Davis Boulevard. (Norman Feder, Administrator,
Transportation Services)
Motion to table Items 10E, 10F and 8F - Approved 5/0
Motion to continue all Items to the next BCC Meeting February 13,
2007 - Approved 5/0
G. Recommendation to award Contract 07-4075 - "Lely Area Stormwater
Improvement Project (LASIP) Phase 1A" to Mitchell & Stark Construction
Company, Inc in the amount of $2,459,003. (Stormwater Management
Department Project #51101) (Norman Feder, Administrator, Transportation
Services)
Approved - 5/0 (January 24, 2007)
H. Recommendation that the Board approves prepayment of the Caribbean
Gardens Commercial Paper Loan in the amount of $7,000,000. (Jim Mudd,
County Manager)
Motion to accept staff direction for staff and clerk to bringforth
anything over $1 million- Approved 5/0
(January 24,2007)
I. This item to be heard at 5:00 p.m. Recommendation that the Board Of
County Commissioners (BCC) give direction to the County Manager or his
designee on whether or not to revoke the building permit issued for the
Inglis-Spence single family dwelling to be constructed on property located at
502 Coconut Avenue in Goodland, Florida ifit is deemed that the permit
was issued inconsistent with the Village Residential (VR) Zoning District
regulations. The BCC also directed the County Manager or his designee to
evaluate the VR regulations to determine what measures should be taken to
ensure that future development will be consistent with the purpose and intent
statement of the VR Zoning District and with the Goodland Zoning Overlay
(Joseph K. Schmitt, Administrator, Community Development and
Environmental Services)
Discussed; Motion made to put together an amendment to the Overlay,
get a 500/0 + 1 majority of Goodland residents in approval and bring
forward an advertised petition to the BCC
Motion to take no action on the permit - approved
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January 23-24, 2007
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11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Bill Klohn - Seawith Application regarding Affordable Housing that
went to Tallahassee
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. This item to be heard at 4:30 p.m. Recommend the Board of County
Commissioners (BCC) acting as the Collier County Community
Redevelopment Agency (CRA) appoint a new Chair and Vice-Chair for the
CRA, direct the County Manager or his designee to prepare the annual report
required by Florida Statute 163.356(3)(c) by March 31 of each calendar
year, and to direct the County Manager or his designee to modify Resolution
2001-98, which requires the CRA to hold an annual meeting in January of
each year, to make the annual meeting requirement transpire in March of
each year, when the annual report is required.
Motion to keep Donna Fiala as Chairman - Approved 5/0, Vice
Chairman is Jim Coletta - Approved 5/0
Motion to move annual meeting to March - Approved 5/0
B. This item to be heard at 4:30 p.m. and is to be heard before Companion
Item lOB. Recommendation of the Immokalee Redevelopment Advisory
Board and Immokalee Enterprise Zone Development Agency to the Collier
County Community Redevelopment Agency to establish an office in
Immokalee.
Approved - 5/0
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. David W eigel- Reminder of the Closed Session on February 13, 2007 at
noon regarding lawsuit with the Clerk
B. Jim Mudd - Time certain Linkage Fee to be moved to the afternoon of
2/14/07 @ 1 pm
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January 23-24, 2007
C. Commissioner Henning - Sons of the American Revolution - Liberty
Tree on public grounds; Direction to staff for County Manager to help
find a location - Approved 5/0
D. Commissioner Henning - Motion to kill Mitigation Fee Ordinance -
Approved 3/2 (Commissioners Halas and Commissioner Coletta
opposed)
E. Commissioner Fiala - Specific cost for the burying of the FLP lines
F. Commissioner Coyle - Property Insurance Issues - Meet with staff for
minor changes to a resolution and bring to Board - consensus
G. Commissioner Coyle - Mr. Schmitt has a spreadsheet for Affordable
Housing donations, contributions, and extraction for disbursement -
bring forward an ordinance relating to any kind of contributions of fees
to legitimize their collection and dispersement
H. Commissioner Halas - Vote for an unadvertised item that was voted on
in staff communication
I. Commissioner Halas - Workshops in State of Florida regarding
Property Taxes
J. Commissioner Coletta - Public comment input during Staff
Communications - allowed a Public Speaker
K. Janet Vasey - Mitigation Fee Ordinance: to allow the process to
continue and work with staff to work on the Ordinance; and to continue
the item through to the agenda
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
Approved and/or Adopted w/changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the water and sewer
utility facilities for Falling Waters Beach Resort.
2) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearine: be held on this item. all
participants are reQuired to be sworn in. Recommendation to
approve for recording the final plat of Ave Maria Unit 13,
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January 23-24, 2007
Middlebrooke Townhomes, approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
W /stipulations
3) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearine: be held on this item. all
participants are reQuired to be sworn in. Recommendation to
approve for recording the final plat of Arrowhead Reserve at Lake
Trafford Block C, approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security
W /stipulations
B. TRANSPORTATION SERVICES
1) Recommendation to approve a budget amendment to recognize
revenue from a Developer Contribution for the SCOOT Split Cycle
Offset Optimization Project 601724 Fund (313) in the amount of
$90,000 and appropriate within the project. (Project No. 60172)
2) Recommendation to award Bid #07-4074 U.S. 41 (SR 90) Tamiami
Trail East (Phase C-Rattlesnake Hammock to St. Andrews) Irrigation
and Landscape Installation to Vila & Son in the amount of
$549,015.37 with 10% contingency of $54,901.54 for a total of
$603,916.91 (Project #600261).
3) Recommendation to award Bid #07-4079U.S. 41 (SR 90) Tamiami
Trail East (Phase E-Barefoot Williams Road to 951) Irrigation and
Landscape Installation to Hannula Landscaping Inc. in the amount of
$569,627.72 with 10% contingency of$56,962.77 for a total of
$626,590.49 (Project #600451).
4) Recommendation to award Bid #07-4080U.S. 41 (SR 90) Tamiami
Trail East (Phase D-St. Andrews to Barefoot Williams Road)
Irrigation and Landscape Installation to Hannula Landscaping Inc. in
the amount of$925,396.63 with 10% contingency of$92,539.66 for a
total of $1 ,017,936.29 (Project #600231).
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January 23-24, 2007
5) Recommendation to award Bid #07-4091 Golden Gate Boulevard
Phase III Collier County Landscape Beautification Master Plan to
Hannula Landscaping Inc. in the amount of$478,939.64 with 10%
contingency of $47,893.96 for a total of $526,833.60 (Project
#600701).
6) Recommendation that the Board of County Commissioners approve a
budget amendment to recognize revenue from various Developers for
the PUD Monitoring Program in the amount of $79,929 and
appropriate within Fund (101). For the current fiscal year 2007
$25,000 was budgeted by Transportation. The PUD Monitoring funds
actually received as of December 28, 2006 were $104,929. In order to
appropriate funds a budget amendment is needed to recognize the
additional revenue and purchase needed equipment for the monitoring
program.
7) Approve a Budget Amendment recognizing an additional $36,568.00
in Federal Transit Administration Grant Section 5311 funds for Fiscal
Year 2007.
8) Approve the purchase of2.41 (Parcel #137) acres of unimproved
property which is required for the construction of a stormwater
retention and treatment pond for the Oil Well Road widening project.
Project No. 60044 (Fiscal Impact: $267,580)
9) Approve the purchase of2.41 acres (Parcel #139) of unimproved
property which is required for the construction of a stormwater
retention and treatment pond for the Oil Well Road widening project.
Project No. 60044 (Fiscal Impact: $267,580)
10) Recommendation to award Bid #07-4093 - Goodlette Frank Road
Landscape Project (Golden Gate Parkway to Pine Ridge Road) to
Hannula Landscaping Inc. in the amount of$856,950.03.(Fund 313,
Project #600054).
11) Recommendation to award Bid #07-4073 US 41 Tamiami Trail North
(SR 45) Phase V (Wiggins Pass to County Line) Irrigation and
Landscape Installation to Hannula Landscaping Inc. in the amount of
$683.891.35 with 10% contingency of$68,389.13 for a total of
$752,280.48 (Project #600211).
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January 23-24,2007
12) Recommendation for the Board of County Commissioners to approve
budget amendments to re-align the Surveying, Underground Locates,
and ROW Permitting Sections from Traffic Operations and
Stormwater Management Departments to the Road and Bridge
Department in the amount of $207, 129.
13) Recommendation to approve the Collier Area Transit Substance
Abuse Policy. This policy is required in order for Collier County to
receive Federal Transit Authority Grants.
14) Recommendation that the Board of County Commissioners approve
one (1) Adopt-A-Road Program Agreement with two (2) roadway
recognition signs at a total cost of $150.00. American Home Mortgage
is the sponsor for this agreement.
15) Recommendation to approve the purchase of one fixed route bus to be
operated by Collier Area Transit. This bus will replace a bus that was
damaged in an accident in December 2006. The total cost of the bus is
$324,326.00 and will include installation of a radio for
communication.
C. PUBLIC UTILITIES
1) Recommendation to accept Rights of Entry required for the
replacement and rehabilitation of the Henderson Creek Park water
distribution system at a cost not to exceed $3,250, Project 710101.
2) Recommendation to award Contract 07 -4071 Financial Consulting
Services to Public Resources Management Group, Inc. (PRMG), in an
estimated annual amount of approximately $300,000.
3) Recommendation to convey a Utility and Access Easement to the
Water-Sewer District for the construction and maintenance of raw
water pipelines, and access, on property owned by Collier County
within the CR-951 Canal Corridor at an estimated cost not to exceed
$18.50, Project Number 700661.
4) Recommendation to approve the acquisition of a 50-foot by 60-foot
Utility Easement near the northwest corner of 481 Weber Boulevard
Page 15
January 23-24,2007
Withdrawn
8)
North for a public water supply well site easement, at a total cost not
to exceed $24,500, Project Number 700661.
5)
Recommendation to approve, execute and record Satisfactions for
certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal
impact is $28.50 to record the Satisfactions of Lien.
6)
Recommendation to approve, execute and record a Satisfaction of a
Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal
impact is $10.00 to record the Satisfaction of Lien.
7)
Recommendation to adopt a Resolution to approve the Satisfaction of
Lien for a Solid Waste residential account wherein the County has
received payment and said Lien is satisfied in full for the 1994 Solid
Waste Collection and Disposal Services Special Assessment. Fiscal
impact is $20.00 to record the Satisfaction of Lien.
Resolution 2007-18
A ward annual contracts to selected firms for trenchless sewer system
rehabilitation contracting services per bid 07-4088, project 73050.
Category A - American Infrastructure Corporation, Miller
Pipeline Corporation as the secondary contractor, Reynolds
Inliner as an alternate, Category Bl - Reynolds Inliner, Category
B2 - Miller Pipeline Corporation, and in Category C - HERC
Products, Inc.
D. PUBLIC SERVICES
1) Approve Agreement for funding in the amount of $600,000 towards
costs of repairs of Everglades City Hall as approved by the Board on
November 21, 2006.
2) Recommendation to Approve a Resolution Designating February
2007 as Domestic Animal Services Senior Appreciation Month and
Providing Senior Citizens a $10.00 Discount for the Adoption of Dogs
and Cats During that Month.
Resolution 2007-19
Page 16
January 23-24,2007
3) Recommendation to accept Grant Agreement #06174 from the Florida
Fish and Wildlife Conservation Commission for the Florida Boating
Improvement Program (FBIP) Grant to fund the Collier County
Boater Education Project in the amount of$14,000. Approve Budget
Amendments to recognize grant funds and transfer previously
recognized match/seed money in the amount of $8,000 from Cedar
Bay Marina. For the Sun N Fun Lagoon at North Collier Regional
Park.
4) Recommendation to approve a budget amendment recognizing $3,300
in revenue from Pepsi Bottling Group, Inc. as initial support funds and
appropriating funds for purchase of additional food concession
equipment.
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve Change Order No.8 to Work Order
#BSSW-00-07, Design of the North Collier Government Services
Center, under Contract 99-2930, Fixed Term Professional
Architectural Services with BSSW Architects, Inc. in the amount of
$45,375
F. COUNTY MANAGER
1) Recommendation to approve a Certificate of Public Convenience and
Necessity for NCH Healthcare System for non-emergency ambulance
service and approve a budget amendment recognizing and
appropriating the $250 annual renewal fee.
2) Recommend Approval of Revised Collier County Beach Parking
Policy and authorize staff to amend Ordinance 89-17 and or
Resolution 2002-430 as necessary.
3) Recommendation to approve the submittal of the attached Emergency
Management, Preparedness and Assistance (EMP A) Competitive
Grant Application to the Florida Department of Community Affairs in
the amount of $24,200.
4) Recommendation to approve the submittal of the attached Emergency
Management, Preparedness and Assistance (EMP A) Competitive
Page 17
January 23-24, 2007
Grant Application to the Florida Department of Community Affairs in
the amount of $175,000.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended a South Florida Water Management District (SFWMD)
reception, welcoming Philip G. Flood, Director, Lower West Coast,
on Wednesday, January 10,2007, at the Hilton Naples, 5111 Tamiami
Trail North, Naples, Florida. $35.00 to be paid from Commissioner
Halas' travel budget.
2) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended a South Florida Water Management District (SFWMD)
reception, welcoming Philip G. Flood, Director, Lower West Coast,
on Wednesday, January 10,2007, at the Hilton Naples, 5111 Tamiami
Trail North, Naples, Florida. $35.00 to be paid from Commissioner
Coletta's travel budget.
3) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Prepaid to attend the EDC Industry and Opportunity Tour on February
2, 2007. $20.00 to be paid from Commissioner Coletta's travel budget.
4) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Naples Children & Education Foundation's reception on
Tuesday, January 16,2007 at The Pavilion Cinemas in Naples,
Florida. $20.00 to be paid from Commissioner Halas' travel budget.
5) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Right Angle Club's Luncheon Meeting on Thursday,
January 11,2007 at The Vanderbilt Golf and Country Club in Naples,
Page 18
January 23-24, 2007
Withdrawn
Florida. A total of $15.00 to be paid from Commissioner Coletta's
travel budget.
6) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Spoke at the Heritage Bay Affordable Housing Groundbreaking and
attended their Luncheon on Friday, January 19,2007 at The Heritage
Bay in Naples, Florida. A total of $16.00 to be paid from
Commissioner Coletta's travel budget to cover the cost of the
luncheon.
7) Commissioner Fiala request Board approval for reimbursement for
attending a function serving a valid public purpose. Attended on
January 12th, 2007; $20.00 to be paid from Commissioner Fiala's
travel budget.
8) Commissioner Fiala request Board approval for reimbursement for
attending a function serving a valid public purpose. To Attend the
Bayshore Cultural Arts HeArts in the Garden Series on February 2nd
and February 9th, 2007; $50.00 to be paid from Commissioner Fiala's
travel budget.
9) Commissioner Fiala request Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the East
Naples Civic Association 207 Annual Dinner at the Naples Lakes
Country Club on Monday, January 22nd, 2007; $35.00 to be paid
from Commissioner Fiala's travel budget.
10) Commissioner Fiala request Board approval for reimbursement for
attending a function serving a valid public purpose. Attended on
Monday, January 15th, 2007; $15.00 to be paid from Commissioner
Fiala's travel budget.
11) Commissioner Fiala request Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend the
CREW Land and Water Trust Annual Meeting on Friday, January
26th, 2007 at The Club at Barefoot Beach; $20.00 to be paid from
Commissioner Fiala's travel budget.
Page 19
January 23-24, 2007
12) Commissioner Fiala request Board approval for reimbursement for
attending a function serving a valid public purpose. Attended on
Sunday, January 14th, 2007; $65.00 to be paid from Commissioner
Fiala's travel budget.
13) Commissioner Fiala request Board approval for reimbursement for
attending a function serving a valid public purpose. Attendedon
Friday, January 12th, 2007; $16.00 to be paid from Commissioner
Fiala's travel budget.
14) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend on January 13, 2007 and is requesting
reimbursement in the amount of $12.00, to be paid from his travel
budget.
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain board approval for disbursements for the period of
December 23,2006 through December 29,2006 and for submission
into the official records of the board.
2) To obtain board approval for disbursements for the period of
December 30, 2006 through January 05, 2007 and for submission into
the official records of the board.
3) Recommendation that the Board of County Commissioners approve
the attached Resolution which supports the Collier County Sheriffs
Office efforts to research and implement a work-release program as
authorized and defined in 951.24, Florida Statutes.
Resolution 2007-20
K. COUNTY ATTORNEY
1) Recommendation to approve settlement in the lawsuit entitled
Gundeck v. Collier County, filed in the Twentieth Judicial Circuit in
and for Collier County, Florida, Case No. 06-490-CA, for $55,000.00.
As detailed in the Executive Summary
Page 20
January 23-24, 2007
2) Recommendation to accept Respondents Offer of Judgment in the
amount of$19,000.00 for Parcel 149 and approve the Stipulated Final
Judgment in the lawsuit styled Collier County v. Ziad Shahla, et al.,
Case No. 04-600-CA (Vanderbilt Beach Road Project No. 63051)
(Fiscal Impact $6,078.00).
As detailed in the Executive Summary
3) Recommendation to Approve an Agreed Order for Payment of
Engineering Fees in the amount of $1 ,600.00 in Connection with
Parcel 145 in the Lawsuit Styled Collier County v. Regent Park
Cluster Homes Association, et aI., Case No. 04-3452-CA (Immokalee
Road Project No. 66042). Fiscal Impact: $1,600.00.
As detailed in the Executive Summary
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item was continued from the December 12.2006 BCC and January
9. 2007 BCC meetine:. This item reQuires that all participants be sworn
in and ex parte disclosure be provided by Commission members.
Recommendation to approve Petition A VESMT-2006-AR-9775, Hanson to
disclaim, renounce and vacate the Countys and the Publics interest in the
south 30 feet of the South half of the Southwest quarter of the Northwest
quarter of the Northeast quarter of Section 24, Township 48 South, Range 25
East, Collier County, Florida.
Resolution 2007-21
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition SV-2006-AR-
Page 21
January 23-24, 2007
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9400, for an After-The-Fact Sign Variance for the Swamp Buggy
Races/Florida Sports Park. The Sign Variance requested is to allow the
existing non-conforming (Location, Size And Height) Off-Premises
Directional Sign to remain at its existing location for a period of not more
than three-years. The subject property is Collier County Public Right-Of-
Way (Row) Collier Boulevard (CR 951) and south Florida Water
Management District (SFWMD) Big Cypress Basin Easement along Collier
Boulevard (CR 951) is located on the Southeast corner of Collier Boulevard
and Rattlesnake - Hammock Road (CR 864) on property hereinafter
described in Collier County, Florida.
Resolution 2007-22
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 22
January 23-24, 2007
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
Januarv 23. 2007
Add On Item 2C: January 10, 2007 - BCC Special Meeting with South Florida Water Management
District. (Minutes & Records request.)
Item 8A should read: Page 4 under Considerations, first paragraph, last sentence should read:
". . . . is not being utilized since the residents are (rather than residence is) . . .." Commissioner
Fiala's request.)
Item 8C should read: Under Fiscal Impact, 1st paragraph, "PUD amendment" to be replaced with
"DRI amendment". (Commissioner Fiala's request.)
Item 91 continued indefinitelv: Appointment of member to the Pelican Bay Services Division
Board. (Staff's request.)
Add On Item 9M: Board of County Commissioners to consider giving staff direction to place CP-
2006-06 in the 2005 Growth Management Plan Amendment Cycle, or to create a special cycle for
GMP amendments that provide for affordable housing. This request is a proactive measure,
given the loss of State funding for essential services personnel (ESP) housing that was denied by
the Florida Housing Finance Committee. The specific GMP amendment will provide for 1176
affordable housing units on approximately 196 acres of land, of which 30% of those units would
be for low income homes and the balance of the units apportioned for ESP and gap housing.
(Commissioner Coletta's request.)
Withdraw Item 16C8: Award annual contracts to selected firms for trenchless sewer system
rehabilitation contracting services per bid 07-4088, project 730560. (Staffs request.)
Item 16F2 should read: Under Fiscal Impact, "The source of funds is from general fund ad
valorem taxes" (rather than category "A" Tourist Development Taxes). Also note that
recommended revisions to the Beach Parking Policy will become effective upon Board approval
of the required amendment to Ordinance 89-17 and/or Resolution 2002-430. (Staff's request.)
Withdraw Item 16H12: Commissioner Fiala request Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the Marco Island Area Chamber of
Commerce Installation of 2007 President on Sunday, January 14, 2007; $65.00 to be paid from
Commissioner Fiala's travel budget. (Commissioner Fiala's request.)
Time Certain Items:
11 :00 a.m. Item 10A
1 :00 p.m. Items 10E, 10F, 8F
4:30 p.m. Items 14A and 14B and 10B
4:45 p.m. 10C
After 5:00 p.m. Item 101
Item 10A to be heard at 11:00 a.m.: Recommendation to approve the fourth Conservation Collier
Active Acquisition List and direction for the County Manager or his designee to actively pursue
projects recommended within the A-category.
Item 1 OE to be heard at 1 :00 p.m. Recommendation to approve a Developers Contribution
Agreement (DCA) between Waterways Joint Venture VII (The Developer) and Collier County to
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obtain property for roadway water management, drainage and access easements for the future
expansion of Davis Boulevard.
Item 1 OF to be heard at 1 :00 p.m. immediatelv followina 10E: Recommendation to approve a
Developers Contribution Agreement (DCA) between Benderson, Westport and Davis Crossing
(The Developers) and Collier County to obtain right-of-way, easements drainage commitments
and advanced funding for the future expansion of Davis Boulevard.
Item 8F to be heard at 1 :00 p.m. immediatelv followina 10E and 10F: This item requires that all
participants be sworn in and ex parte disclosure be provided by Commission members. Petition
PUDZ-A-2004-AR-6417 Ronald Benderson et ai, Trustee, represented by Robert L. Duane, AICP, of
Hole Montes, Inc., requesting to rezone from Planned Unit Development (PUD) to Commercial
Planned Unit Development (CPUD) known as the 1-75/Alligator Alley Commercial PUD. The
proposed PUD amendment requests the following: to reduce the size of the PreservelWater
Management Area from 15 acres currently required by the PUD to 10.58 acres; to delete
residential uses as a permitted use; to provide a new list of commercial uses comparable to those
allowed in the C-1 through C-4 Commercial Districts, with SIC codes; modify the PUD Master Plan
to depict the footprints of existing land uses and conceptual footprints for undeveloped tracts; to
modify the circulation system; to establish a maximum square footage of 265,000 square feet of
retail and office area; to relocate the existing western entrance 50 feet to the east; and to delete
the 50 foot perimeter setback. The property consisting of 40.8 acres, is located on the north side
of Davis Boulevard in proximity to the intersection of Collier Boulevard (CR- 951) and 1-75. The
subject property is located in Section 34, Township 49 South, Range 26 East, Collier County,
Florida. Companion Item with Developer's Contribution Agreement.
Item 14A to be heard at 4:30 p.m. Recommend the Board of County Commissioners (BCC) acting
as the Collier County Community Redevelopment Agency (CRA) appoint a new Chair and Vice-
Chair for the CRA, direct the County Manager or his designee to prepare the annual report
required by Florida Statute 163.356(3)(c) by March 31 of each calendar year, and to direct the
County Manager or his designee to modify Resolution 2001-98, which requires the CRA to hold an
annual meeting in January of each year, to make the annual meeting requirement transpire in
March of each year, when the annual report is required.
Item 14B to be heard at 4:30 p.m. followina Item 14A: Recommendation of the Immokalee
Redevelopment Advisory Board and Immokalee Enterprise Zone Development Agency to the
Collier County Community Redevelopment Agency to establish an office in Immokalee.
Item 10B to be heard at 4:30 p.m. followina Items 14A and 14B: Recommendation ofthe
Immokalee Redevelopment Advisory Board and Immokalee enterprise Zone Development Agency
to the Collier County Board of County Commissioners to establish an office in Immokalee.
Item 10C to be heard at 4:45 p.m. Quarterly report of the Immokalee Enterprise Zone
Development Agency to the Collier County Board of County Commissioners of progress ending
on December 31,2006.
Item 101 to be heard after 5:00 p.m. Recommendation that the Board Of County Commissioners
(BCC) give direction to the County Manager or his designee on whether or not to revoke the
building permit issued for the Inglis-Spence single family dwelling to be constructed on property
located at 502 Coconut Avenue in Goodland, Florida if it is deemed that the permit was issued
inconsistent with the Village Residential (VR) Zoning District regulations. The BCC also directed
the County Manager or his designee to evaluate the VR regulations to determine what measures
should be taken to ensure that future development will be consistent with the purpose and intent
statement of the VR Zoning District and with the Goodland Zoning Overlay.
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PROCL.AMA TION
WHEREAS, the safe use of hazardous material is essential to business, industry
and local governments to maintain economic stabIlity, and to protect
the citizens of the Ninth Planning District of Florida: and,
WHEREAS, it is essential to plan and prepare for the accidental release of
hazardous materials and to protect the well being of all citizens and
visitors in the District: and,
WHEREAS, response teams, such as fire, police, and emergency medical services
must know the types of hazardous materials and chemicals that are
being used and stored in the event of an incident to respond safely:
and,
WHEREAS, all citizens have a Right- to-Know the types of hazardous materials
and chemicals in their communities, and a Right-to-Know the proper
procedures to take in case of an accident or emergency,' and,
WHEREAS, the SlNthwest Florida L.ocal Emergency Planning Committee recognizes
the importance of community awareness of the Emergency Planning
and Community Right- to-Know Act enacted by the United States
Congress.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of
Collier County, Florida, that January 21, 2007 through January 27,
2007 be designated as
HAZARDOUS MATERIALS AWARENESS WEEK
DONE AND ORDERED THIS 23rd Day of January, 2007.
BOARD OF COUNTY COMMISSIONERS
C~R COUNTY, FL.ORIDA
/" ) rfi? '
_.
ATTEST:
rTM COL.ETTA, CHAIRMAj)/.--"/
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PROCLAMA TION
WHEREAS, in 1957, the newly formed Friends of the Library of Collier County, Inc. brought a petition before
the Collier County Board of Commissioners requesting to turn the small ''8ook Room" located in the
Naples Womans Clubs (then) new building into the first ''Free'' public library in Collier County,. and,
WHEREAS, said petition was approved by the Board of County Commissioners, thereby establishing the Collier
County Free Public Library," and,
WHEREAS, beginning Monday, January 1, 2007, and continuing through December 31, 2007, Collier County Public
Library and the Friends of the Library of Collier County will commence with a year-long celebration
honoring their fifty years of service to the community,. and,
WHEREAS, this year-long celebration reflects their continuing commitment to provide the highest levels of
service possible to county residents," and,
WHEREAS, 5dh birthday activities will showcase the important role the Friends of the Library and Collier County
Public Library play in the daily lives of all county residents," and,
WHEREAS, through the librarys two regional and seven branch libraries, patrons are able to enjoy a good book,"
enhance literacy skills," research health and financial issues," receive computer instruction," access the
World Wide Web," download audio books to their personal computers," enjoy a first-rate classic,
foreign, or documentary film,' access information and services for special needs," or simply visit the
past and imagine the future," and,
WHEREAS, the Friends of the Library of Collier County, in partnership with Collier County Public Library, has
been committed to supporting quality library programs and services since its founding in 1957,. and,
WHEREAS, the Friends of the Library of Collier County has taken the lead in underwriting many special programs
and services, including the Adult Literacy Program,- Classic, Foreign, and Documentary Film Series,.
and other outreach endeavors specifically designed to enhance and improve the quality of life of
county children and their families," and,
WHEREAS, these outreach endeavors are available to all county residents through Collier County Public Library
branches," and,
WHEREAS, in recognition of their !JO years of working together, Friends of the Library of Collier County, Inc.
and Collier County Public Library have provided accessible, comprehensive informational, educational,
recreational, and cultural services to the citizens of Collier County, Florida.
NOW THEREFORE, be it proclaimed by the Boord of County Commissioners of Collier County, Florida, that January
1, 2007 through December 31, 2007 be designated as
THE GOLDEN ANNIVERSARY YEAR FOR
THE FRIENDS OF THE LIBRARY OF COLLIER COUNTY, INC. AND COLLIER COUNTY PUBLIC LIBRARY
DONE AND ORDERED THIS 23rd day of January, 2007.
BOARD ge COUNTY COMMISSIONERS
COLqER cqUNTY, FLORIDA
/ j~
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JI~/COLETTA, CHAIRMAN
ATTEST:
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DWIGH7i . BROCK,- "LERK
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COLLIER COUNTY BOARD
OF
COUNTY COMMISSIONERS
_Co~un2'
Collier County
Board of
County
Commissioners
~
Donna Fiala ]
Frank Halas 2
Tom Henning 3
Fred Coyle 4
Jim Coletta 5
"Your Tax Dollars
At Work"
Vanderbilt Beach Road Six-Laning
Airport Rd. to Collier Blvd.
Designer: CH2MHill
General Contractor: AP AC Southeast, Inc.
Project Management Transportation Dept.
Completion Date: August 2008
F or Information Please Contact
Eddie Martin, Proj ect Manager
(239) 774-8192
PRESENTATION
23 JANUARY 2007
APAC SOUTH EAST INC
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Vanderbilt Beach Road Six-Laning
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Project Management: Transportation Dept.
Completion Date: August 200X
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For ]n!llrInation Please Contact:
Eddie Martin. Project Manager
(239) 774-RI92
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tllld I xi sU IlS Utili Ucs
2- fJiscOiJery oj' histil/g '({i,'" /1I1d
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Productivity Committee - Charter Government Study Slides
Home Rule Charter Government
Discussion of Proposed
Productivity Committee Study
From 6.13.06 BCC Presentation-
Risks of Silo Organizations
. Competing for resources
. Contention & distrust
. Duplicated effort and expense
. Under-leverage economies of scale
Collier Government In 1923
i
~
Supervisor
Elections
&..
Clert<&
Comptroller
....
~
Tax
Collector
;1'?'
Property
Appraiser
,.JI
Commillllloners (21
From 6,13.06 BCC Presentation -
Collier County "Silo" Structure
Collier Productivity Options
/~
Change Under Current Form
X-toJ~l92'l
1
What's changed?
Booming population, Infrastructure, etc.
What hasn't changed?
Weather, county govt. structure of 1923
1st reason for predominance of
home rule charter government*
1. Less interference
from Tallahassee -
officials elected by
Collier taxpayers
set our course
*source: county websites,
Assn. of Counties, etc
3rd reason for predominance of
home rule charter government
1. L""" Interference from Tallahassee - we set our course
2. Taxpayer ballot powers:
- Voler raca" 01 elected omclals
- Inltlale & remove ordinances
3. Allows consideration
of more productive
organization options
68
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Charter Counties .= ,-\,.\
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2nd reason for predominance of
home rule charter government
1. Leas Interference from Talle_ - CoHIer's elected omclals
set our course
2. Taxpayer ballot powers:
- Voter recall of elected officials
- Initiate & remove ordinances
.subject to verification
Traditional/Diffused
Authority Model
: Const. ~ c-tIIlue i
I A1a_ Iltevenl !
, Chllrlolle C-.bIa ·
: Duval t--.gh
: .... Leon
'.i 0nlIlge Palm_
i _.. Polk
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*subject to verification
Bee 1st Decision Point
e studies of home rule charter govt,
OR
Green light PC study .
Study items..... .
1. Prevalence & trends I':
2, Typical charter elements
3. Impact of voter provisions
4. Benchmark data
5, Charter Commission:
Who appoints, How organized, etc;.
68
Benchmarking Cost to Govern
Collier:
BCC/Other
2nd Decision Point - Bee
i
Productivity Comm. .... ./1;....l~i
Report - 5107 ~. ........,....J.\Wt.
WI~~
Charter Option
Terminated
Indefinitely
CD
4th Decision Point - Voters
Fail W Pass
Present Gov1.
F~emains
2 yrs. Min
2
Risks of Home Rule
Charter Process
... ..
... ..
... ..
. . . .
. .
Unexpected Outcomes
, ..
-" ...
, .
.
.
1. Fail to get majority
approval, e.g. Collier
charters in 1971 & 75
.
1. BCC working relationships
2. Unexpected outcomes
2. Charter contains
elements distasteful
to BCC
3. Future options restricted?
Future Options Restricted?
Florida Sheriffs Association - ~
Current Legislative Priorities ~
1.
2, Constitutional office of sheriff
3.
4.
Legislative Committee Members:
Sheriff Don Hunter & six others
Source: FSA webalte 1/5107
Our Approach to the Task
Target: 90 day completion
. 4-5 person subcommittee -
160 years diverse experience
. Accumulate more research data
. Source centers of expertise
- Charter govt. counties
- Associatlon(s) of Counties
- League of Women Voters, etc.
· Receive other input offered
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
J
84
f .f
!
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement Other:
(Display Adv., location, etc.)
****************************************************************************************************
Originating Dept/ Div: Comm.Dev.Serv./ Planning Person: Melissa zon~?7 ate:
Petition No. (If none, give brief description): PUDA-2006-AR-9576,~ es of Islandia RPUD
Petitioner: (Name & Address): Planning Development Inc., Michael Fernandez, AICP, 5133 Castello Drive, Ste. 2
Naples, FL 34103
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) The Club Estates
11,2033 Trade Center Way, Naples, FL 34 I 09
Hearing before BCC
BZA
Other
Requested Hearing date:
November 28. 2006
Based on advertisement appearing 15 days before hearing,
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size): Petition: PUDA-2006-AR-9576, The Club Estates II,
LLC, represented by Michael Fernandez, AICP, of Planning Development Incorporated, requesting a PUD Amendment to change
the Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD). The
proposed amendment seeks to remove 99 acres from the original PUD, reduce the number of allowable dwelling units from 49 to
28, change the name and remove a recreation tract and a common trash collection area as requirements, The subject property is
155.3::1: acres, with a proposed density of 0.18 units per acre, and is located on the west side of Collier Boulevard (C.R. 951),
approximately I mile north of Rattlesnake-Hammock Road, in Section 10, Township 50 South, Range 26 East, Collier County,
Florida,
Companion petition(s), if any & proposed hearing date: (Companion to PUDZ-A-2006-AR-9021)
Does Petition Fee include advertising cost? Yes
113-138312-649110
No If Yes, what account should be charged for advertising costs:
Reviewed by:
~~ '-1'11 ,~.J"-l,.t)
Department Head
Approved by:
,/("7 /h ~j-/O$
Date
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
****************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received: ~ Date of Public hearing:~ate Advertised: ~
\I~\ot I }1--lo~
ORDINANCE NO. 06-_
I
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSlFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM THE CLUB
ESTATES PLANNED UNIT DEVELOPMENT (PUD) TO
HOMES OF ISLANDIA RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) BY REMOVING 99.3 ACRES
FROM THE CLUB ESTATES PUD, REDUCING THE
NUMBER OF ALLOWABLE DWELLING UNITS FROM 49
TO 28, REMOVING A RECREATION TRACT AND THE
REQUIREMENT FOR A COMMON TRASH COLLECTION
AREA. THE SUBJECT PROPERTY CONSISTS OF 155.3:t
ACRES LOCATED WEST OF COLLIER BOULEVARD (C.R.
951 ), APPROXIMATELY 1 MILE NORTH OF
RATILESNAKE-HAMMOCK ROAD (C.R. 864) IN SECTION
10 TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR THE REPEAL
OF ORDINANCE NUMBER 99-31, THE FORMER CLUB
ESTATES PUD; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Michael Fernandez, AICP, of Planning Development Inc.,
representing The Club Estates II, petitioned the Board of County Commissioners to change
the zoning classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 10,
Township 50 South, Range 26 East, Collier County, Florida, is changed from the Club
Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit
Development (RPUD), in accordance with the PUD Document, attached hereto as Exhibit
"A", which is incorporated herein and by reference made part hereof. The appropriate
zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the
Collier County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 99-31, known as the Club Estates PUD, adopted on May 11,
1999 by the Board of County Commissioners of Collier County, is hereby repealed in its
entirety.
Page 1 of 2
SA
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this _ day of
,2006,
ATTEST:
DWIOm E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRANK HALAS, CHAIRMAN
Deputy Clerk
Approved as to form and
legal Sufficiency
~arjOrie M. Student-Stirling
Assistant County Attorney
PUDA-2006-AR-9576/MZ
Page 2 of 2
A
.'
i t'
I i
HOMES OF ISLANDIA
A RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING THE CLUB ESTATES A RESIDENTIAL PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
THE CLUB ESTATES II, LLC
2033 TRADE CENTER WAY
NAPLES, FLORIDA 34109
PREPARED BY:
Michael R. Fernandez, AICP
of
Planning Development Incorporated
5133 Castello Drive, Suite 2
Naples, Florida 34103
ORIGINAL DOCUMENT DATE
REVISION DATE
DATE FILED
DATE REVIEWED BY CCPC
DATE APPROVED BYBCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
03/01/06
-
08/01/06
Exhibit "An
.R.E,V.2
PUDA-2006-AR-9576
PROJECT #2005050014
DATE: 8/14/06
MELISSA ZONE
8A
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS AND TABLE
STATEMENT OF COMPLIANCE
SECTION
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
ii
PROPERTY OWNERSHIP AND DESCRIPTION
PROJECT DEVELOPMENT REQUIREMENTS
LOW DENSITY RESIDENTIAL AREA PLAN
COMMONS AREA PLAN
CONSERVATION/PRESERVE AREA PLAN
DEVELOPMENT COMMITMENTS
,
LIST OF EXHIBITS AND TABLES
EXHIBIT A PUD Master Plan
Q If
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'11
STATEMENT OF COMPLIANCE
The development of approximately 155.3 acres of property in Collier County, as a
Residential Planned Unit Development to be known as HOMES OF ISLANDIA will be in
compliance with the goals, objectives and policies of Collier County as set forth in the
Growth Management Plan. The residential and accessory facilities of HOMES OF
ISLANDIA will be consistent with the growth policies, land development regulations, and
applicable comprehensive planning objectives of each of the elements of the Growth
Management Plan for the following reasons:
Residential Proiect
1 . The subject property is within the Urban Residential Land Use Designation
as identified on the Future Land Use Map of the Future Land Use
Element.
2. The project development is compatible and complementary to existing and
future surrounding land uses as required by Policy 5.4 of
the Future Land Use Element.
3. Improvements are planned to be in compliance with the Land
Development Code as set forth by the Future Land Use Element.
4. The project development will result in an efficient and economical
extension of community facilities and services as required by the Future
Land Use Element.
5. The project development is planned to incorporate natural systems for
water management in accordance with their natural functions and
capabilities as required by Objective 1.5 of the Drainage Sub-Element of
the Public Facilities Element.
6. The Residential Planned Unit Development includes open spaces and
natural features which are preserved from future development in order to
enhance their natural functions and to serve as project amenities.
7. The projected gross density of 0.18 d.u. per acre is in compliance with the
Future Land Use Element of Growth Management Plan based on the
following relationships to required criteria:
Base Density
Traffic Congestion Area
No Bonus requested +
4.0 DU/A
0.0 DU/A
0.0 DU/A
Eligible Density
Proposed Density
4.0 DU/A
0.18 DU/A (28 DUs 1155.3 acres)
ii
8 A 1
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of HOMES OF ISLANDIA.
1.2 LEGAL DESCRIPTION
The subject property being 155.3 acres, is described as:
The South one half of the South one half of Section 10, Township 50 South,
Range 26 East, Collier County, Florida, LESS AND EXCEPT the East 125.00
feet for County right-of-way and/or Utility Easements, as appear in those certain
deeds and instruments recorded at O.R. Book 1952, Page 2219.
1.3 PROPERTY OWNERSHIP
The development is currently under the ownership and unified control of The
Club Estates II, LLC, 2038 Trade Center Way, Naples, Florida, 34109 and The
Club Estates, LLC.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
The project site is located in the South ~ of Sections10 and 15, Township 50
South, Range 26 East. Generally, the project is located on the west side of CR-
951 approximately one mile north of Rattlesnake Hammock Road. The zoning
classification of the original 155.8 acre property prior to the date of the original
PUD Ordinance approval was Rural Agricultural.
1.5 PHYSICAL DESCRIPTION
The undeveloped property is south of Naples National Golf Course development,
east of the Naples Heritage Golf Course community and Agriculture Zoned lands
under County ownership, north of undeveloped land under County ownership
and west of CR-951. The project is located in the C-4 Canal Drainage Basin.
The average existing elevation is 9.5 NGVD with specific spot elevations ranging
from 8.3 to 10.4 NGCV. The depths to bedrock in the area varies from some four
(4) feet to more than twelve (12) feet. All of the site is in Flood Zone X according
to Firm Maps 120067 0605E and 120067 0415D.
1-1
The soil types on the site include Pineda fine sand (approximately 75%), Boca
fine sand (approximately 20%) and Chobee (approximately 5%). Soil
characteristics were derived from the Soil Survey of Collier County, Florida,
issued by the U.S. Department of Agriculture (Soil Conservation Service) in
March 1954.
1.6 PROJECT DESCRIPTION
The completed project will be a private gated community consisting of a
maximum of 28 residential lots and two interconnected lakes located within a
common preserve.. The lots and lakes will be located on both sides of the
perimeter access road. Each lot will have a permanent concrete block or stone
retaining wall surrounding the lot and driveway.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "HOMES OF ISLANDIA RPUD."
1-2
SA
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i
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1. PURPOSE
The purpose of this Section is to delineate and generally describe the project
plan of development, relationships to applicable County ordinances, the
respective land uses of the tracts included in the project, as well as other project
relationships.
2.2. GENERAL
Regulations for development of HOMES OF ISLANDIA shall be in accordance
with the contents of this document, RPUD- Residential Planned Unit
Development District and other applicable sections and parts of the Collier
County Land Development Code and Growth Management Plan in effect at the
time of building permit application. Where these regulations fail to provide
developmental standards, then the provisions of the most similar district in the
County Land Development Code shall apply.
Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in Collier County Land Development Code in effect at the
time of building permit application.
All conditions imposed and all graphic material presented depicting restrictions
for the development of HOMES OF ISLANDIA shall become part of the
regulations which govern the manner in which the RPUD site may be developed.
Unless modified, waived or excepted by this RPUD, provisions of any other
sections of the Land Development Code, where applicable, remain in full force
and effect with respect to the development of the land which comprises this
RPUD.
Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of the Land Development Code at the
earliest or next to occur of either final SOP approval, final plat approval, or
building permit issuance applicable to this development.
2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The project Master Plan, including layout of streets and use of land for the
various tracts, is illustrated graphically by Exhibit "A", PUD Master Development
Plan. There shall be approximately five (5) land use tracts, plus necessary water
management lakes and street rights-of-way, the general configuration of which is
also illustrated by Exhibit 'A'.
11-1
'SA
TRACT DEVELOPMENT TYPE UNITS/S.F. AREA
L SINGLE FAMILY LOTS 28 44.0 AC
CA CONSERVATION AREA N/A 68.0 AC
0 LAKES AND CONSERVATION AREA N/A 30.0 AC
R ROADS/RIGHT -OF-WAY N/A 13.2 AC
TL TURN-LANE N/A 0.1AC
TOTAL 155.3AC
Areas illustrated as lakes by Exhibit 'A' shall be constructed as lakes or, upon
approval, parts thereof may be constructed as shallow, intermittent wet and dry
depressions for water retention purposes. Such areas, lakes and intermittent wet
and dry areas shall be in the same general configuration and contain the same
general acreage as shown by Exhibit 'A'. Minor modification to all tracts, lakes or
other boundary may be permitted at the time of Preliminary Subdivision Plat or
Site Development Plan approval, subject to the provisions of the Collier County
Land Development Code or as otherwise permitted by this RPUD document.
In additional to the various areas and specific items shown in Exhibit "A", such
easements as necessary (utility, private, semi-public, etc.) shall be established
within or along the various Tracts as may be necessary.
2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
A maximum of 28 single family residential dwelling units, shall be constructed in
the total project area. The gross project area is 155.3 acres. The gross project
density, therefore, will be a maximum of 0.18 units per acre.
2.5. RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Subdivision Plat, for all or part of the RPUD,
final plans of all required improvements shall receive approval of the
appropriate Collier County governmental agency to insure compliance with
the RPUD Master Plan, the Collier County Subdivision Code and the
platting laws of the State of Florida.
B. Exhibit "A", RPUD Master Plan, constitutes the required RPUD
Development Plan. Subsequent to or concurrent with RPUD approval, a
Preliminary Subdivision Plat if applicable shall be submitted for the entire
area covered by the RPUD Master Plan. Any division of property and the
development of the land shall be in compliance with the Collier County
Land Development Code, and the platting laws of the State of Florida.
11-2
C. The provIsions of the Collier County Land Development Code when
applicable shall apply to the development of all platted tracts, or parcels of
land as provided in said Chapter prior to the issuance of a building permit
or other development order.
D. The development of any tract or parcel approved for residential
development contemplating fee simple ownership of land for each dwelling
unit shall be required to submit and receive approval of a Preliminary
Subdivision Plat in conformance with requirements of the Collier County
Land Development Code prior to the submittal of construction plans and a
final plat for any portion of the tract or parcel.
E. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications and methods for providing
perpetual maintenance of common facilities.
2.6. MODEL HOMES AND SALES FACILITIES
Model homes/model home centers including a sales center shall be permitted in
conjunction with the promotion of the development subject to the following:
A. One "wet" and three "dry" models may be constructed prior to recording of
a plat. Location is limited to future, platted single family lots. Permits for
all models must be applied for by project owner.
B. The models permitted as "dry models" must obtain a conditional certificate
of occupancy for model purposes only. The "wet" model may not be
occupied until a permanent certificate of occupancy is issued.
C. The model ,C'wet model") utilized as "sales office" must obtain approval by
and through the Site Development Plan process.
D. Prior to recorded plats, metes and bounds legal descriptions shall be
provided to and accepted by Collier County as sufficient for building permit
issuance. Said metes and bounds legal descriptions must meet proposed
plat configurations and all models constructed pursuant hereto shall
conform to applicable minimum square footages, setbacks, and the like as
set forth herein.
E. Access shall be provided to each "dry" model from the "wet" model.
Access shall be for pedestrian traffic only, no paved road will be allowed.
Access to the "wet" model shall be provided by a paved road or temporary
driveway and shall have a supporting parking lot.
F. Sales, marketing, and administrative functions are permitted to occur in
designated "wet" model homes within the project only as provided herein.
11-3
8A
G. The "wet" model may be served by a temporary utility system with ultimate
connection to the central system. Interior fire protection facilities in
accordance with NFPA requirements are required unless a permanent
water system is available. A water management plan must be provided
which accommodates the runoff from the model home, parking, access
road/driveway and other impervious surfaces. The system shall be
designed and constructed so that it is integrated with the master system
for the entire development.
2.7. AMENDMENTS TO PUD DOCUMENTS OR PUD MASTER PLAN
Amendments may be made to the RPUD as provided in the Collier County land
Development Code..
2.8. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
MAINTENANCE
Whenever the developer elects to create land area and/or recreation amenities
whose ownership and maintenance responsibility is a common interest to all of
the subsequent purchasers pf property within said development in which the
common interest is located, that developer entity shall provide appropriate legal
instruments for the establishment of a Property Owners' Association whose
function shall include provisions for the perpetual care and maintenance of all
common facilities and open space subject further to the provisions of the Collier
County land Development Code.
11-4
8A
SECTION III
LOW DENSITY RESIDENTIAL AREA PLAN
3.1. PURPOSE
The purpose of this Section is to identify specific development standards for
areas designated on Exhibit "A" as Tract "L", Low Density Residential.
3.2. MAXIMUM DWELLING UNITS
For the purpose of this section low density residential is defined as 4 or less
dwelling units per acre on the tract(s) allocated to this purpose.
The maximum number of low density dwelling units allowed within the PUD shall
be as follows:
Tract "L" 28
3.3. USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Principal Uses:
1. Single Family Dwelling Unit
2. On-site sewage treatment plant/facilities (see Section 3.5)
,
B. Accessory Uses:
1. Customary accessory uses and structure, including private
garages.
2. Common recreation amenities.
3. Detached Guest Houses
4. Commercial Excavation
5. Retained native vegetation.
111-1
8A
3.4. DEVELOPMENT STANDARDS
A. GENERAL:
All yards and set-backs shall be in relation to the individual lot boundaries,
except as otherwise provided.
B. MINIMUM LOT AREA: 20,000 square feet.
C. MINIMUM LOT WIDTH:
The minimum lot width measurement shall start approximately 50 feet
back from the right-of-way and shall not include the narrow driveway
portion of the lot.
1 . Comer Lots - 100 feet
2. Interior Lots - 100 feet
D. MINIMUM LOT FRONTAGE:
1. 30 feet, measured at the right-of-way line.
E. MINIMUM YARDS:
It is anticipated that the residential lots will be uniquely shaped and that no
lots will share a common lot line. Each lot will be separated by a Common
Area buffer averaging 80 feet in width. Therefore, the minimum side and
rear yard of zero (0') feet is justified.
1. Front Yard: 50 feet from Right-of-Way.
,
2. Side Yard: 0 feet
3. Rear Yard: 0 feet
4. Front yard setbacks shall be measured as follows:
(a) If a lot or parcel is served by a public or private right-of-way,
setback is measured from the adjacent right-of-way line,
even if the lot or parcel is liT" or flag shaped.
(b) If a lot or parcel is served by a non-platted private drive,
setback is measured from the back of curb or edge of
pavement.
111-2
l8A
(c) If a lot or parcel is served by a platted private drive, setback
is measured from the road easement or property line.
F. MINIMUM FLOOR AREA:
1. 3,000 square feet
G. MINIMUM DISTANCE BETWEEN PRINCIPAL AND ACCESSORY
STRUCTURES:
1 . 1 0 feet
H. MAXIMUM HEIGHT:
1. Principal Structure - 50 feet and 3 stories above the minimum base
flood elevation.
2. Accessory Structure - 35 feet and 2 stories above the minimum
base flood elevation.
111-3
8A
SECTION IV
COMMONS AREA PLAN
4.1. PURPOSE
The purpose of this Section is to set forth the development plan and development
standards for the area designed as Tract "0", Commons Area/Conservation Area
on the RPUD Master Development Plan, Exhibit "A". The primary function and
purpose of these Tracts will be to provide aesthetically pleasing open areas and
recreational facilities. Except in areas to be used for water impoundment and
principal or accessory use areas, all natural trees and other vegetation as
practicable shall be protected and preserved.
4.2. USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or in part, for other than the following:
A. Principal Uses:
1. Lakes.
2. Open Spaces/Nature Preserves (Conservation Area).
3. Pedestrian arid bicycle paths or other facilities constructed for
purposed of access to or passage through the common areas.
4. Small docks, piers or other such facilities constructed for purposes
of lake recreation for residents of the project.
,
5. Commercial Excavations.
B. Accessory Uses:
1. Small enclosures or other structures constructed for purposes of
maintenance, storage, recreation or shelter with appropriate
screening and landscaping.
4.3. DEVELOPMENT REGULATIONS
A. Overall site design shall be harmonious in terms of landscaping, enclosure
of structures, location of access streets and location and treatment of
buffer areas.
IV-1
.
. "'If
B. Buildings shall be setback a minimum of fifty (50) feet abutting residential
districts and a landscaped and maintained buffer shall be provided.
C. Lighting facilities shall be arranged in a manner which will protect
roadways and neighboring properties from direct glare or other
interference.
D. A site development plan meeting all of the Development Regulations shall
be required in accordance with Section 2.5 of this PUD document.
E. MAXIMUM HEIGHT:
1. Principal Structure: 30 feet.
2. Accessory Structure: 30 feet.
4.4. OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stock piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
After consideration of fill activities on those buildable portions of the project site
there will be a surplus of earthen material. Therefore, its off-site disposal is also
hereby permitted subject to the following conditions:
A. Commercial excavation activities shall comply with the definition of a
"commercial excavation" pursuant to the Land Development Code. A
Commercial Excavation Permit pursuant to the Land Development Code
must be obtained.
IV-2
R)
~'il
U
SECTION V
CONSERVATION/PRESERVE AREA PLAN
5.1. PURPOSE
Conservation/Preserve Area - The purpose is to preserve and protect native
vegetation naturally functioning habitat in their natural state.
5.2. USES PERMITTED
No building or structure or part thereof, shall be erected altered or used, or land
used, in whole or in part, for other than the following, subject to regional state
and federal permits when required;
A. Principal Uses:
1. Open Spaces/Nature Preserves.
2. Boardwalks subject to appropriate approvals by permitting
agencies.
3. Perimeter security fences or privacy walls may be eight feet high
and will be placed in areas with the least impact to the conservation
areas, such as along the private road which is the most disturbed or
in areas of least impact to native plants and naturally functioning
habitats.
4. Native vegetation landscaping.
I
5. Permitted mitigation activities.
V-1
'~J
~ ~ll
SECTION VI
DEVELOPMENT COMMITMENTS
6.1. PURPOSE
The purpose of this Section is to set forth the development commitments tor the
development of the project.
6.2. GENERAL
All facilities shall be constructed in strict accordance with Final Site Development
Plans, Final Subdivision Plans and all applicable State and local laws, codes,
and regulations applicable to this RPUD. Except where specifically noted or
stated otherwise, the standards and specifications of the Land Development
Code shall apply to this project even if the land within the RPUD is not to be
platted. The developer, his successors and assigns shall be responsible for the
commitments outlines in this document.
The developer, his successor or assignee, shall agree to follow the Master Plan
and the regulations of the RPUD as adopted, and any other conditions or
modifications as may be agreed to in the rezoning of the property. In addition,
any successor or assignee in title is also subject to any commitments within this
agreement.
6.3. RPUD MASTER PLAN
Exhibit "A", RPUD Master Plan, illustrated the proposed development and is
conceptual in nature. Proposed tract, lot or land use boundaries or special land
use boundaries shall not be construed to be final and may be varied at any
,
subsequent approval phase such as final platting or site development plan
application. Subject to the provisions of the Land Development Code,
amendments may be made from time to time.
All necessary easements, dedications or other instruments shall be granted to
insure the continued operation and maintenance of all service utilities all common
areas in the project.
6.4. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
A. Infrastructure: It is the developer's intent to construct the first phase of
infrastructure tor the single family lots within two (2) years from the date of
approval of the RPUD Ordinance.
VI-1
)
B. Monitorinq Report: An annual monitoring report shall be submitted
pursuant to the Collier County land Development Code.
C. Sunset Provision: All RPUD's shall be subject to the Sunset Provisions of
the land Development Code.
't ~':9i
6.5. SUBSTITUTIONS TO DESIGN STANDARDS FOR SUBDDIVISION
REGULATIONS
Substitutions to design standards to Chapter 4, Section 4.03.03 of the land
Development Code shall be made part of a concurrent application for Preliminary
Subdivision Plat approval.
6.6. TRANSPORTATION
The development of this RPUD Master Plan shall be subject to and governed by
the following conditions:
A. Access from CR 951 shall be consistent with the County's Access
Management Policy, Resolution 92-422, as amended.
B. Turn lanes in accordance with Ordinance 93-64, as amended, shall be
required as a component of the construction plan/final plat approval for the
first development phase. They must be completed prior to preliminary
acceptance of the Phase One subdivision improvements.
C. Nothing in any zoning approval shall operate to vest any right to a median
opening in this project.
D. The developer shall be responsible for the installation of arterial level
street lighting at the project entrance as a component of the construction
plan/final plat approval for the first development phase. They must be
completed prior to preliminary acceptance of the Phase One subdivision
improvements.
E. Substantial competent evidence shall be provided by the developer to the
effect that the project is designed to provide capacity and treatment for
historical roadway runoff. In addition, site drainage shall not be permitted
to discharge directly into any roadway drainage system.
F. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as
amended, and shall be paid at the time building permits are issued unless
otherwise approved by the Board of County Commissioners.
VI-2
SA
extended throughout the project. During design of these facilities, the
following features shall be incorporated into the distribution system:
1. Dead-end mains shall be eliminated by looping the internal pipeline
network.
2. Stubs for future system interconnection with adjacent properties
shall be provided to the property lines of the project, or the limit of
jurisdictional wetlands, at locations to be mutually agreed to by the
County and the developer during the design phase of the project.
C. Connection to the County Central Sewer System or a Master Pump
Station:
The utility construction documents for the project's sewerage system shall
be prepared so that all sewage flowing to the County's master pump
station is transmitted by one (1) main on-site pump station. Due to the
design and configuration of the master pump station, flow by gravity into
the station will not be possible. The developer's engineer shall meet with
County staff prior to commencing preparation of construction drawings, so
that all aspects of the sewerage system design can be coordinated with
the County's sewer master plan.
D. Off-site Utilities Improvements:
1. Water - The existing off-site water facilities of the district must be
evaluated for hydraulic capacity to serve this project and reinforced
as required, if necessary, consistent with the County's water master
plan to insure that the district's water system can hydraulically
provi,de a sufficient quantity of water to meet the anticipated
demands of the project and the district's existing committed
capacity.
2. Sewer - The existing off-site sewage transmission facilities of the
district must be evaluated for hydraulic capacity to serve this project
and improved as required outside the project's boundary to provide
adequate capacity to transport the additional wastewater generated
without adverse impact to the existing transmission facilities.
6.9. ENGINEERING
The development of this RPUD Master Plan shall be subject to and governed by
the following conditions:
A. Grassed slopes of 3H: 1 V may be used for berm heights to 4 feet
throughout the project based on the construction plans approved as part
VI-4
('";) ,\Il
o l\
of the SFWMD ERP and ACOE Dredge-Fill Permits. Berms greater that 4
feet in height shall use slopes no greater that 4H:1V.
B. Work within Collier County right-of-way shall meet the requirements of
Collier County Right-of-Way Ordinance 93-64.
6.1 O. ENVIRONMENTAL
The development of this RPUD Master Plan shall be subject to and governed by
the following conditions:
A. Permits or letter of exemption from the U.S. Army Corps of Engineers
(ACOE) and the South Florida Water Management District (SFWMD) shall
be presented prior to final plat/construction plan approval.
B. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and
approval by Environmental Services Department Staff. Removal of exotic
vegetation shall not be counted towards mitigation for impacts to Collier
County jurisdictional wetlands.
C. All conservation areas shall be designated as conservation/preservation
tracts or easements on all construction plans and shall be recorded on the
plat with protective covenants per or similar to Section 704.06 of the
Florida Statues, and shall be dedicated to the Homeowners' Association
with responsibility for maintenance.
D. Buffers shall be provided around wetlands, extending at least fifteen (15)
feet landward from the edge of wetland preserves in all places and
averaging twenty-five (25) feet from the landward edge of wetlands.
Where natural buffers are not possible, structural buffers shall be provided
in accordance with the State of Florida Environmental Resource Permit
Rules and be subject to review and approval by Environmental Services
Department Staff.
E. An exotic vegetation removal, monitoring, and maintenance (exotic free)
plan for the site, with emphasis on the conservation/preservation areas,
shall be submitted to Environmental Services Department Staff for review
and approval prior to final site plan/construction plan approval.
VI-5
. ,
F. Petitioner shall comply with the guidelines and recommendations of the
U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh
Water Fish Commission (FGFWFC) regarding potential impacts to
protected wildlife species. Where protected species are observed on site,
a Habitat Management Plan for those protected species shall be
submitted to Environmental Services Department Staff for review and
approval prior to final site plan/construction plan.
6.11. ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with or following the
construction of the principal structure except for a construction site office and
model units.
6.12. SIGNS
All signs shall be in accordance with the Land Development Code.
VI-6
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NAPLfs ~EP,A: ~GRICULTURAL
GOLF AND COUTRY
CLUB
(_ tH.m.",]~ ........tltl.,
~;7-. _ ::: RPUD MASTER PLAN
~~[ ~.':A;:; FLORIDA]
['~""HOMES OF ISLANDIA RPUD
CLUB ESTATES n. Ill:
2033 TRADE CEN'lER lrAY
NAPLES, F1DRmA :HJOi
PLANNING DEVELOPMENT INCORPORATED
DEYEl.0PlfENr CCWSLl.TANTS. ENGINESfS. Pl.ANttERSJNJ I..WJSCH' ARCH1lECJS
5133 CASTELW DRIVE. SUITE 2. NAPLES, FLORIDA 341003
R"'.IMS-'~ .at/2lJ5-II111J(Ja..l Pm ....,tOl.CWI
EXHIBIT '~"
A
I
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41 j
October 27, 2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: Notice of Public Hearing to Consider Petition
PUDA-2006-AR-9576, Homes of Islandia RPUD
Dear Legals:
Please advertise the above referenced petition on Sunday, November 12,2006, and
kindly send the Affidavit of Publication, in duplicate, together with charges involved
to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
Enclosure
Charge to: 113-138312-649110
8 n
~~
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, November 28, 2006, In the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS
MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM THE CLUB ESTATES PLANNED UNIT
DEVELOPMENT (PUD) TO HOMES OF ISLANDIA RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) BY REMOVING 99.3 ACRES FROM THE CLUB ESTATES
PUD, REDUCING THE NUMBER OF ALLOWABLE DWELLING UNITS FROM 49 TO
28, REMOVING A RECREATION TRACT AND THE REQUIREMENT FOR A COMMON
TRASH COLLECTION AREA. THE SUBJECT PROPERTY CONSISTS OF 155.3 +/-
ACRES LOCATED WEST OF COLLIER BOULEVARD (C.R. 951), APPROXIMATELY
1 MILE NORTH OF RATTLESNAKE-HAMMOCK ROAD (C.R. 864) IN SECTION 10
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BY
PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-31, THE FORMER
CLUB ESTATES PUD, AND BY PROVIDING AN EFFECTIVE DATE.
Petition PUDA-2006-AR-9576, The Club Estates II, LLC, represented
by Michael Fernandez, AICP, of Planning Development Incorporated,
requesting a PUD Amendment to change the Club Estates Planned Unit
Development (PUD) to Homes of Islandia Residential Planned Unit
Development (RPUD). The proposed amendment seeks to remove 99
acres from the original PUD, reduce the number of allowable
dwelling units from 49 to 28, change the name and remove a
recreation tract and a common trash collection area as
requirements. The subject property is 155.3 +/- acres, with a
proposed density of 0.18 units per acre, and is located on the
west side of Collier Boulevard (C.R. 951), approximately 1 mile
north of Rattlesnake-Hammock Road, in Section 10, Township 50
South, Range 26 East, Collier County, Florida. (Companion to PUDZ-
A- 2 006 -AR- 9021)
A copy of the proposed Ordinance is on file with the Clerk to the
Board and is available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County Manager prior to presentation of the agenda
item to be addressed. Individual speakers will be limited to 5 minutes
on any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written materials
intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public
hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Dillard, Deputy Clerk
(SEAL)
(3 lJ
i-,~
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 27, 2006
Planning Development Inc.
Michael Fernandez, AICP
5133 Castello Drive, Ste. 2
Naples, FL 34103
Re: Notice of intent to consider:
PUDA-2006-AR-9576, Homes of Islandia RPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
rJtu1Q~~tJ ~C
'-.-' Teresa Dillard,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.ft.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.ft.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 T AMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
,
8A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 27,2006
The Club Estates II
2033 Trade Center Way
Naples, FL 34109
Re: Notice of intent to consider:
PUDA-2006-AR-9576, Homes of Islandia RPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
NLWf!< ~ectLPl AC
'---" Teresa Dillard,
Deputy Clerk
Enclosure
Phone-(239)732-2646
Web site- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@c1erk.collier.fl.us
Teresa L. Dillard
To:
Subject:
legals@naplesnews,com
PUDA-06-AR-9576
Attachments:
P U DA-2006-AR-9576 .doc; P U DA-2006-AR-9576 .dot
Legals,
Please advertise the following on Sunday November 12, 2006, Any questions, please contact me.
Thank you.
PUDA-2006-AR-957 PUDA-2006-AR-957
6.doc (27 KB) 6.dot (30 KB)
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(T eresa. D illard@clerk.collier.fl.us)
1
8A
, 'f
8A
j'
Teresa L. Dillard
From:
Sent:
To:
Subject:
ClerkPostmaster
Monday, October 30, 2006 9:28 AM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
A TT1609560.txt; PUDA-06-AR-9576
~"
~.",'."c';.,
........
-
B
ATT1609560.txt PUDA-06-AR-9576
(231 B)
This is an automatically generated Delivery Status Notification,
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Teresa L. Dillard
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Monday, October 30,20069:29 AM
Teresa L. Dillard
Delivered: PUDA-06-AR-9576
Attachments:
PUDA-06-AR-9576
R~~l
U
PUDA-Q6-AR-9576
<<PUDA-06-AR-9576>> Your message
To: legals@naplesnews.com
Subject: PUDA-06-AR-9576
Sent: Man, 30 Oct 2006 09:28:21 -0500
was delivered to the following recipient(s):
legals, NDN on Man, 30 Oct 2006 09:28:41 -0500
1
PUDA-06-AR-9576 Page 1 of 1
.8~
Teresa L. Dillard
From:
Sent:
To:
Perrell, Pam [paperrell@naplesnews.com]
Monday, October 30,200610:15 AM
Teresa L. Dillard
Subject: RE: PUDA-06-AR-9576
OK
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collierJl.us]
Sent: Monday, October 30,20069:28 AM
To: legals@naplesnews.com
Subject: PUDA-06-AR-9576
Legals,
Please advertise the following on Sunday November 12, 2006. Any questions, please contact me.
Thank you.
<<P U DA-2006-AR-9576 .doc>> <<PUDA-2006-AR-9576 .dot>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Dillard@clerk.collier.fl.us)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing,
10/30/2006
NAPLES DAILY NEWS
Published Daih
~aplcs, FL ~..j.1 02
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority. personally
appeared Phil Lewis. who on oath says that he
sef\es as the Editor of the Naples Daily. a daily newspaper
published at Naples. in Collier County, florida~ distributed
in Colllcr and Lee counties of Florida~ that the attached copy
of Ilk ddve111~ing, being ;;
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
\\as published in said newspaper
on November 12.2006
time in the issue
Affiant further says that th~ said '\apb Dailv \ic\Vs is a newspaper
published at :---aplcs. in said Collier County Florida. and that the scud
tl~wspap"r has herelof(lre becn ~ontil1ll\)usly pub!isl1"d m said Coll;..,r
County. l'londa; d"lnbukd in Collier and r ...,e c<)lllltics of I'lond",
eadl d;'-:iy and hat-. ht.?(;o cnkn:d as se..:ond cl<tss 11lail matt..:r at th~ post
<,11i,'" in "apks, In saId ('olher ('<,umy Florida, !',)r a period of 1
veal' ne:>.1 preceding the first publicatiDn ofthe attached copy or
advcJ1isemenL and ani ant further says that he has neither paId no!
rronlls~d any person, finn l)r cOTT'(\ration :lny disl.'OlmL rebat~.
l.:Olnrnis:-.ion or rdimd r(X thl.: purpose ofsL'curing this alh-(:rtis.::nl~nl f()f
mhO ,",d o.,P"P"
( Signature of affiant)
Sworn to and subscribed before me
This 17th day of November. 2006 '
. /'
Is,g"t~~:::z<>,
'". "'''''N.!;~~ :,.:;
~~';;,1 ','-:"~~r;~;:~:~,~:c ~;~::~
\1 ~:.
PlJl)A-2OO&-AR-9576
. NOt:lCE Of' INTENT TO
COlUlPER ORDINANCE
. N9dee.llte....... y;,.Wen
that l,,,t'Tnlda}f, tfll.
vemb.. 28..2006 In the
Boarctrog:om3rd '190r.
AlIl'nlnls onlllllldlng,
Colll,er IInty Govern-
men~ cenwri 3301 East
Tamlaml Tr&llJ. Napl.Sl I
Florida, .the DOlard OT
county Inloners
I will C!) .t.Ite..,....,.,nllCt.........
' of Ol'dl-
. . IItII
. "'M.I
as~'
8A
(to. d1cppy oftlte proposed
Or nance Is on file with
the Clerk. to the Board
and Is available for in-
spectlon.AII Inter.sted
p~ are invited to at.
tin... and be hew' .
NOTE: All persons
=WSl,~~~~
ter with the County I
~$~ Cl~~ \f~3~ I
Ite," to b. addressed.
Indlvlduallpeak.rswtll i
.be limited to,s mlnut.s
on any Item. 1'ItehlllC-
~18:a~f o~ J~~:l'~" ~~
organization or group Is
encouraged. If recog-
nized by th.e Chairman.
a spokesperson for a
gfOUp or organization
may llII allotted 10 min.
utes to sp.ak on an
Item. .
person.s Wishing to
havewl'ltten or graphic
materials Included In
the Board agenda paCk-
ets must subinltSaJd
matetlal a,mjnlmum Of 3
weeks prl(ll' to the reo
spectlve public hearing.
In any case, written ma.
terlals Intended to be
cClfllldered'bI/ the Board
shall b' submitted to
the appropriate county i
stl!off a minimum. Of SltI/. :
en days prior to the I
, public ..he. at Ing . All ma'l
terla! used In presenta.
tlons bef(ll'e the Board
will become a perm a- I
nen, part oHhe record. i
Any person who decld.
es to ap\l8al a decision
of the BOard. Will n~ a
record, of the proceed.
Ings pertaining thereto
anatl1erefol'e, may need
to ensure that II. verba-
tim record of t. he pro.
ceedlnll5 Is made which
record Includes the tes.
tl.monynlld evidence
~~~~~ ch the appeal
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY.
FLORIDA
FRAN.KHAlAS.CH~
MAN .
gl~~HT E, BROCK,
B~:' Teresa Dillard. Dep,
u Clerk
(S l)
Nov, 12 No. 1467714
NAPLES DAILY NEWS
Published Dail~
Naples, FL 3-j.]()2
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned the~ sene as the authority, personal!)
appeared Phil Lewis, who on oath says that he
serves as the Editor of the Naples Daily, a daily newspaper
published at Naples, in Collier County, Florida; distributed
in Collier and Lee counties of Florida; that the attached copy
of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on November 12.2006
I time in the issue
Alllant lurther says that the said 'aples Daily l\"ews is a newspaper
published at l"aples, in said Collier County, Florida, and !lMt the said
newspaper has heretofilre heen continuously published in said Collier
County., Florida: distributed in Collier and I .ce counties ofFl'lfida,
cach day and has been entered as sccond cia" mail mailer at the post
ol1ice in \"aplc,. in ,aid C"llier Count\, Florida, f(,r a pcriod of ]
\"Car next preccdlllg the first puhllcation "fLhe allached copy 01
advcrtisement; and afliant further says that he has neIther paid nor
promised any person, firm or corporation anv discount, rchate,
c"mmissillll or retimd for the purpose of ,ccuring this advertisement tllr
r'(Er~
( Signature of affiant)
tblcy M1R8
~,i" :;X,~i]!:SlON I DD2UlJI1 !lIB
Jr...." 1 a. 'JJJCr1
i'~>l :;i~~~ 1~(~j r~rr~n~~ lit
~~\
.~
".. .,,'~
A c:~ of the proposed '1.
otGlft8llc:e lIon flle with
.the Clerk to the Boar~ \
and Is !lvajjjble for In-
s~....' ,.A..~u.. .~ I te. rest. ed
=mhe~ to at'
NOTE: "'J1 persons
wishing to IIldk on any
\ m~t"ll"Ormy
I .Manager prior to pre-
sentatIon of the egendll
\ Item to be addres$fld.
IndIVIdual s~kers will
, be 11mIted....tttO 5 mln. utes
on "'1..ftem. The selec-
tion of lUI IndividUal. to
. speak on behalf of an
organization or group Is
encouraged. If recog-
nized by the Chairman,
a spokespef$on for a
group or ol'llanlzatlon
maybe allotted 10 min-
utes to speak on an
Item.
Persons wishing to
have \llJfltten or graphic
mater,alslncluCled In
tlieBpard agenda pack-
ets must submit said
mllterial a minimum of 3
weeks Prl4>f to there-
speqtlve public hearing.
In any CJ$8, w.rltten ma.
terUtls Intended 10 be
collsl~ bY the Board
shall be submitted to
the QOrOIl.r\ate County,
staff ifmll'llmum of "".
en days prior to the
publiC hearing. All ma-
teriel US" In presentad.
tllllnl _,ft)re the 80ar
wlllbecQIM a .perma-
nent part of the reCord.
Any person who decid.
es to' appell,l a c1tclslon
of the BoarCl will need a
record of the proceed,
Ings. Dert~ln.lng. thereto
ariCI there '. may need
to ensure af a verba.
tlm reco.1'd of th. prloh.
clldlllOJ Is made wll c
rocorcl klcludes the tes-
timony and evidence
upon Which the appeal
Is basad.
1m' I1D OF Cq.UNTY
C . lSSlON~.
CO LIER COUNTY,
FloO IDA
FRANK HALAS. CHAIR-
~~IGHT E. BROCK.
CL~~eresa Dillard, DIp-
. Clerk
(S L)
Nov. 12 No. 1467714
8A
Page 1 of 1
Ann P. Jennejohn
From: Patricia L. Morgan
Sent: Friday, December 01, 2006 3:37 PM
To: Ann P, Jennejohn
Subject: FW: PUDA-06-AR-9576 Homes of Islandia & PUDZ-A-06-AR-9021 LASIP Conservation CFPUD
Please maRs a copy to go in eacfi of tfiese advertised puGCie fiearings'files. 11ianf&.
., '~~'~_."_m_m_,.,,_,_,_~,,__~_m~._,..__....___m"~~~m~_~_'"~'~'_m_m,,_._..,_~..~_~~~u_~~,......,_,~wu..,.m_.......~__,,""_,,-~--~-,,-^,,,-~,--,"~-"-""~'~'~"""~~~-
From: ZoneMelissa [mailto:MelissaZone@colliergov,net]
Sent: Monday, November 27, 2006 4:51 PM
To: Minutes and Records
Subject: FW: PUDA-06-AR-9576 Homes of Islandia & PUDZ-A-06-AR-9021 LASIP Conservation CFPUD
This email is to inform everyone that petitioner Michael Fernandez is requesting a continuance for companion items, PUDA-06-
AR-9576 Homes of Islandia & PUDZ-A-06-AR-9021 LASIP Conservation CFPUD. The petitions are scheduled for the November
28,2006 hearing to the December 12, 2006 BCC hearing.
Melissa Zone
Principal Planner
Department of Zoning & Land Development Review
2800 N. Horseshoe Dr.
Naples, FL 33104
239-213-2958
12/1/2006
Page 1 of 1
, ,
'I
Ann P. Jennejohn
From: ZoneMelissa [MelissaZone@colliergov.net]
Sent: Wednesday, December 06,20064:15 PM
To: Minutes and Records
Subject: FW: Homes of Islandia (PUDA-2006-AR-9576)
The applicant for PUDA-2006-AR-9576 Homes of Islandia has requested a continuance for the public hearing schedule for
December 12, 2006 of the Board of County Commissioners. This is a companion item and I have spoken to the agent Fred Reischl
for the county as well as Trinity Caudil-Scott in Transportation and they agreed that their companion item should also be
continued. That petition is PUDZ-A-2006-AR-9021 LASIP.
As soon as a new hearing date has been determined I will contact everyone.
Thank you
Melissa Zone
Principal Planner
Department of Zoning & Land Development Review
2800 N. Horseshoe Dr.
Naples, FL 33104
239-213-2958
From: Susan Fariz [mailto:pdismf@aol.com]
Sent: Wednesday, December 06, 2006 2:46 PM
To: ZoneMelissa; bellows_r; brock_m; Carrel Danelle; filson_s; johnson_c; martin_c; 'minutes and records'; phillips_s; SandersBob
Cc: 'Fred Reischl'; wiley-r; kurtz_g; GianfrancoNicolaci; PDIMRF@aol.com; PDITFF@aol.com
Subject: Homes of Islandia (PUDA-2006-AR-9576)
Good afternoon, all.
Please find enclosed our form to request continuance for the Homes of Islandia PUDA Amendment (PUDA-06-AR-9576). This
petition is currently scheduled for the December 12, 2006 BCC meeting.
Thank you.
Sincerely yours,
Susan M. Fariz
Project Coordinator
PLANNING DEVELOPMENT INCORPORATED
Development Consultants, Civil Engineers, Planners and Landscape Architects
5133 Castello Drive, Naples, Florida 34103
P 239.263,6934
F 239.263.6981
12/6/2006
'~ ~
Teresa L. Dillard
t":A
To:
Cc:
Subject:
ZoneMelissa
martin_c
PUDA-2006-AR-9576 and PUDZ-A-2006-AR-9021
These two comapnion items will need to be re-advertised, since it goes over 5 weeks. They will run on January 7,2007.
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Di Ilard@clerk.collier.fl.us)
1
Page 1 of3
Teresa L. Dillard
~-~~-~~~~~'~"~--_._~__~~_'~~~'~_'_'~_'~'~_V~~~_~,y~~
SandersBob [BobSanders@colliergov.net]
Friday, December 15, 20064:01 PM
ZoneMelissa; Bellows, Ray; Brock, Mary; CarrelDanelle; Filson, Sue; Johnson, Connie; Martin,
Cecilia; minutes and records; Phillips, Sharon
Cc: Minutes and Records
Subject: RE: PUDZ-A-2006-AR-9021 LASIP
Importance: High
From:
Sent:
To:
Both of these items have been assigned to the January 23, 2007 BCC Meeting. It was confirmed that there will
be no changes, so the items remain approved and in closed status.
The following has been noted for both items: This item was continued from the November 28, 2006 BCC meeting
and the December 12, 2006 BCC meeting
They are companion items with PUDA-2006-AR-9576 Homes of Islandia listed first as item 8A and to be heard
before companion item 8B PUDZ-A-2006-AR-9021 LASIP.
1 PetaByte of Thanks,
Bob Sanders
Applications Analyst
EDMS -- ECM -- Agenda Automation
Phone- 213-2908
HelpLine- 774-8888
Fax: 403-2340
E-mail: bobsanders@colliergov.net
~--~-~~-,-n...,,^,,,,_~_,_~,^V~~_~~_~""-'_'^~~~~__,_,_,v'^'_'^~""^_'-;--__'_~~^~~___""'~~'_'~"'c.,__,n,v_",~~_~~",,,.~,,~_",._..y,,_,~~~~_^,_....,~~._.___~~~,~,~_~__,,__
From: ZoneMelissa
Sent: Friday, December 15, 20063:15 PM
To: bellows_r; brock_m; Carrel Danelle; filson_s; johnson_c; martin_c; 'minutes and records'; phillips_s;
Sanders Bob
Cc: 'MinutesandRecords@c1erk.collier.fl.us'
Subject: PUDZ-A-2006-AR-9021 LAsIP
I'm sorry I forgot to mention the companion item also needs to be scheduled for the same BCC hearing January
23, 2007, PUDZ-A-2006-AR-9021 LASIP.
Because of the nature of the amendment PUDA-2006-AR-9576 Homes of Islandia needs to be heard first then
followed by PUDZ-A-2006-AR-9021 LAsIP.
Thank you and have a good weekend!
12/15/2006
Page 2 of3
8 r1,
ft
Melissa Zone
Principal Planner
Department of Zoning & Land Development Review
2800 N. Horseshoe Dr.
Naples, FL 33104
239-213-2958
~"~_Y",,,,,',^,m~~_'~~'_~~'_""~m__~,_~.~."~n,,,__'_m~~n"~~.~.~..-.,,__..,_~.v^,..._m'~._._.~m^v''''~~~''_''~m'__w..''__'m~--~'W'~"'''''_~~~'''~~_~._~,_~m~__--..".~"v,_~_~~~~~__,__.~~~_"
From: ZoneMelissa
Sent: Friday, December 15, 20062:55 PM
To: bellows_r; brock_m; CarrelDanelle; filson_s; johnson_c; martin_c; 'minutes and records'; phillips_s;
Sanders Bob
Cc: 'M i n utesandRecords@c1erk.collier.fl.us'
Subject: FW: Homes of Islandia (PUDA-2006-AR-9576)
The applicant would like to place petition: PUDA-2006-AR-9576 Homes of Islandia on the January 23, 2007 BCC
hearing.
Thank you
Melissa Zone
Principal Planner
Department of Zoning & Land Development Review
2800 N. Horseshoe Dr.
Naples, FL 33104
239-213-2958
__'~~___~~~_,'_m~_'_'~,V"",'~_~~_'~Wm'~'~,"__~_~~~_'__~_'~_<'__~~~'___'~_~~____~~~~,~
From: Susan Fariz [mailto:pdismf@aol.com]
Sent: Friday, December 08, 2006 10:35 AM
To: ZoneMelissa
Cc: 'Fred Reischl'; PDIMRF@aol.com; PDITFF@aol.com
Subject: RE: Homes of Islandia (PUDA-2006-AR-9576)
Attached is the revised form as noted,
Sincerely,
Susan
, . W'~~"'_'",<-"...... ,~"~~,,,.~_,,...~,,~u. _,.... ."--,,,-' H"" '.. ~'''.'~__''~'~'_'''''_'''' "<_.,_~,~,,,_,'..-.,,.'~',',,,,_.<<~, _~..'" ,._"'_,...."~_".~.. ~m~m",.."'.,"........ "..~'_.'m.~.'~,_,...,.,...".'_..""....~~'......-'.....,.m
From: Susan Fariz [mailto:pdismf@aol.com]
Sent: Friday, December 08, 2006 10:34 AM
To: 'Zone Melissa'
Cc: 'Fred Reischl'; 'PDIMRF@aol.com'; 'PDITFF@aol.com'
Subject: RE: Homes of Islandia (PUDA-2006-AR-9576)
Good morning, Melissa and Fred.
Thank you both for your continuing assistance.
We are agreeable to continue to the 1/23/07 BCC meeting,
As clarification and in light of this agreed upon date, we have revised our request for continuance.
In the meantime, we will continue to work with County staff and SFWMD relative to the outstanding issues,
12/15/2006
Page 3 of3
The revised continuance request form is attached for your use and distribution,
Melissa, I will send you the original via courier today.
8A
. i '~
Thank you kindly.
Sincerely yours,
Susan
From: Fred Reischl [mailto:reischl@abbinc.com]
Sent: Thursday, December 07,2006 10:30 AM
To: Susan Fariz
Cc: ZoneMelissa
Subject: RE: Homes of Islandia (PUDA-2006-AR-9576)
Hi Susan,
We would like to reschedule this for the 1/23/07 BCC, How does that sound?
Fred
From: Susan Fariz [mailto:pdismf@aol.com]
Sent: Wednesday, December 06,20062:46 PM
To: 'ZoneMelissa'; 'bellows_r'; 'brock_m'; 'CarrelDanelle'; 'filson_s'; 'johnson_c'; 'martin_c'; 'minutes and records';
'phillips_s'; 'SandersBob'
Cc: Fred Reischl; 'wiley-r'; 'kurtz_g'; 'GianfrancoNicolaci'; PDIMRF@aol.com; PDITFF@aol.com
Subject: Homes of Islandia (PUDA-2006-AR-9576)
Good afternoon, all.
Please find enclosed our form to request continuance for the Homes of Islandia PUDA Amendment (PUDA-06-
AR-9576). This petition is currently scheduled for the December 12, 2006 BCC meeting.
Thank you.
Sincerely yours,
Susan M. Fariz
Project Coordinator
PLANNING DEVELOPMENT INCORPORATED
Development Consultants, Civil Engineers, Planners and Landscape Architects
5133 Castello Drive, Naples, Florida 34103
P 239.263,6934
F 239,263.6981
12/15/2006
Page 1 of 4
Teresa L. Dillard
8A
'~-~~~'-~~'~~~~~~V^y^~~~.__~,V^~~~~__^~~_~~___~,~~~_~~_~~_~~_~~_,_~~
From: ZoneMelissa [MelissaZone@colliergov.net]
Sent: Friday, December 15, 2006 4:02 PM
To: Sanders, Bob; Bellows, Ray; Brock, Mary; Carrel Danelle; Filson, Sue; Johnson, Connie; Martin,
Cecilia; Phillips, Sharon
Cc: Minutes and Records
Subject: RE: PUDZ-A-2006-AR-9021 LASIP
Thank you very much Bob!
Melissa Zone
Principal Planner
Department of Zoning & land Development Review
2800 N. Horseshoe Dr.
Naples, Fl 33104
239-213-2958
From: SandersBob
Sent: Friday, December 15, 20064:01 PM
To: ZoneMelissa; bellows_r; brock_m; CarrelDanelle; filson_s; johnson_c; martin_c; 'minutes and records';
ph ill i ps_s
Cc: 'MinutesandRecords@c1erk.collier.fl.us'
Subject: RE: PUDZ-A-2006-AR-9021 LASIP
Importance: High
Both of these items have been assigned to the January 23,2007 BCC Meeting. It was confirmed that there will
be no changes, so the items remain approved and in closed status.
The following has been noted for both items: This item was continued from the November 28, 2006 BCC meeting
and the December 12, 2006 BCC meeting
They are companion items with PUDA-2006-AR-9576 Homes of Islandia listed first as item SA and to be heard
before companion item 8B PUDZ-A-2006-AR-9021 LASIP.
1 PetaByte of Thanks,
Bob Sanders
Applications Analyst
EDMS -- ECM -- Agenda Automation
Phone- 213-2908
HelpLine- 774-8888
Fax: 403-2340
E-mail: bobsanders@colliergov.net
~~__,...--~'_~,~_'~~~___,_^'~~~___^.v~,___.~,,_,,_.^"~~._._---'~~-~--"~-""-'--'_~~_~"_V_'~~_"_'Y'~""",_~'~~__'V'^"A__^_~~~^__^'_'__,_.~_.._,^,_~~_.~_"~~~
From: ZoneMelissa
12/15/2006
Page 2 of 4
Sent: Friday, December 15, 2006 3:15 PM
To: bellows_r; brock_m; CarrelDanelle; filson_s; johnson_c; martin_c; 'minutes and records'; phillips_s;
SandersBob
Cc: 'M inutesandRecords@c1erk.collier.fl.us'
Subject: PUDZ-A-2006-AR-9021 LASIP
8A
I'm sorry I forgot to mention the companion item also needs to be scheduled for the same BGG hearing January
23,2007, PUDZ-A-2006-AR-9021 LASIP.
Because of the nature of the amendment PUDA-2006-AR-9576 Homes of Islandia needs to be heard first then
followed by PUDZ-A-2006-AR-9021 LASIP.
Thank you and have a good weekend!
Melissa Zone
Principal Planner
Department of Zoning & land Development Review
2800 N. Horseshoe Dr.
Naples, Fl 33104
239-213-2958
__""_~~_~_____"""'~'Ay"",_,'_~w'~mm"~""'~"~_,,.,.__~,~~w__.._m~~'Y^,"Y"',,.~^,. "'A~~~~-_'~'_~_""'''yAW~~W''~''_''''mAw~^,~~W~"'^,,",A-'-'''''~'~''_AW~'_~~-"""'_""'_~~'_~'A_~~
From: ZoneMelissa
Sent: Friday, December 15, 2006 2:55 PM
To: bellows_r; brock_m; CarrelDanelle; filson_s; johnson_c; martin_c; 'minutes and records'; phillips_s;
SandersBob
Cc: 'M in utesandRecords@c1erk.collier.fl.us'
Subject: FW: Homes of Islandia (PUDA-2006-AR-9576)
The applicant would like to place petition: PUDA-2006-AR-9576 Homes of Islandia on the January 23, 2007 BCC
hearing.
Thank you
Melissa Zone
Principal Planner
Department of Zoning & land Development Review
2800 N. Horseshoe Dr.
Naples, Fl 33104
239-213-2958
From: Susan Fariz [mailto:pdismf@aol.com]
Sent: Friday, December 08,2006 10:35 AM
To: ZoneMelissa
Cc: 'Fred Reischl'; PDIMRF@aol.com; PDITFF@aol.com
Subject: RE: Homes of Islandia (PUDA-2006-AR-9576)
Attached is the revised form as noted.
Sincerely,
Susan
12/15/2006
-_..._---~_--.~""""~-...<~-"'_......"~,-,~"'-,=,~-"_...,""--,'.."----------. ....,
Page 3 of 4
From: Susan Fariz [mailto:pdismf@aol.com]
Sent: Friday, December 08,2006 10:34 AM
To: 'ZoneMelissa'
Cc: 'Fred Reischl'; 'PDIMRF@aol.com'; 'PDITFF@aol.com'
Subject: RE: Homes of Islandia (PUDA-2006-AR-9576)
Good morning, Melissa and Fred.
Thank you both for your continuing assistance.
We are agreeable to continue to the 1/23/07 BCC meeting.
As clarification and in light of this agreed upon date, we have revised our request for continuance.
In the meantime, we will continue to work with County staff and SFWMD relative to the outstanding issues.
The revised continuance request form is attached for your use and distribution,
Melissa, I will send you the original via courier today.
Thank you kindly.
Sincerely yours,
Susan
From: Fred Reischl [mailto:reischl@abbinc.com]
Sent: Thursday, December 07, 2006 10:30 AM
To: Susan Fariz
Cc: ZoneMelissa
Subject: RE: Homes of Islandia (PUDA-2006-AR-9576)
Hi Susan,
We would like to reschedule this for the 1/23/07 BCC. How does that sound?
Fred
From: Susan Fariz [mailto:pdismf@aol.com]
Sent: Wednesday, December 06,20062:46 PM
To: 'ZoneMelissa'; 'bellowsj; 'brock_m'; 'CarrelDanelle'; 'filson_s'; 'johnson_c'; 'martin_c'; 'minutes and records';
'phillips_s'; 'SandersBob'
Cc: Fred Reischl; 'wiley_r'; 'kurtz_g'; 'GianfrancoNicolaci'; PDIMRF@aol.com; PDITFF@aol.com
Subject: Homes of Islandia (PUDA-2006-AR-9576)
Good afternoon, all.
Please find enclosed our form to request continuance for the Homes of Islandia PUDA Amendment (PUDA-06-
AR-9576). This petition is currently scheduled for the December 12, 2006 BCC meeting.
Thank you.
Sincerely yours,
Susan M. Fariz
Project Coordinator
12/1512006
Page 4 of4
PLANNING DEVELOPMENT INCORPORATED
Development Consultants, Civil Engineers, Planners and Landscape Architects
5133 Castello Drive, Naples, Florida 34103
P 239.263.6934
F 239.263.6981
R ^
... . ,.~.. . J
12/1512006
1.) A'.
u~
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLlIERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
REQUEST FOR CONTINUANCE OR WITHDRAWAL
CHECK ONE:
[8] CONTINUANCE
o WITHDRAWAL
If a continuance is requested, please Indicate lenqth of time: to: January 23. 2007 agrped and as suggested by
Collier County staff OR 0 Indefinite
From:
o Planning Commission
I8l Board of County Commissioners
I. Date of Scheduled Hearing: December 12. 2006
2. Applicant/Proiect Name: Michael R. Fernandez. AICP : PDI I Homes of Islandia PUD Amendment
3. Application/Case number: PUDZA-2oo6-AR-9576
4. Type of Application (examples: Rezoning, Conditional Use or Varlance)PUD Amendment proposin~
fromPUD to RPUD
5. Reason for Request: Apolicant's agent is continuing to work with Collier County Staff and South Florida
Water Mana{:lement District staff to resolve some issues relative to plitrmitted control elevations. Expect to
resolve issues in the near term so that a continuance to January 23. 2007 should be adeauate.
UNDER PENALTIES OF PERJURY, AND PURSUANT TO FLORIDA STATUTES SECTION 92.525, I DECLARE
TH%7~G RE:,:,:::,THAT THE FACTS 1::: IN IT ARE TRUE.
SIGNATURE OF APPLICANT OR AUTHORIZED AGENT DATE
Michael R.Fernandez.AICP
PRINTED NAME
PDIMRF@AOL.COM
e-mail address
Address: 5133 Castella Drive. Suite 2
239-263-6934
Phone number
Naples. Florida 34103
239-263-6981
Fax number
C:\PDI2003\Project Filesl2005 Projects\Homes of Islandia\Collier County\12-7-06 Req for Continuance to Jan 232007,doc
Page 10f2
.~,
Ao.o P. Jennejohn
ZoneMelissa [MelissaZone@colliergov.net]
Friday, December 15, 2006 2:55 PM
Bellows, Ray; Brock, Mary; CarrelDanelle; Filson, Sue; Johnson, Connie; Martin, Cecilia; minutes and records;
Phillips, Sharon; Sanders, Bob
Cc: Minutes and Records
Subject: FW: Homes of Islandia (PUDA-2006-AR-9576)
Attachments: 12-8-06 revised req for continuance.pdf
From:
Sent:
To:
The applicant would like to place petition: PUDA-2006-AR-9576 Homes of Islandia on the January 23, 2007 Bee hearing.
Thank you
Melissa Zone
Principal Planner
Department of Zoning & Land Development Review
2800 N. Horseshoe Dr.
Naples, FL 33104
239-213-2958
From: Susan Fariz [mailto:pdismf@aol.com]
Sent: Friday, December 08, 2006 10:35 AM
To~ '-~f1eMelissa
Ce. cd Reischl'; PDIMRF@aol.com; PDITFF@aol.com
Subject: RE: Homes of Islandia (PUDA-2006-AR-9576)
Attached is the revised form as noted.
Sincerely,
Susan
~'n'~"'~'~~~~"~n'n"_~""_"_~"'~'",_'~'~n~,","_"""~~_~''''''''''_~''~__~~'___~_''''''.,^".",___,,,._w,,,._,,,,~.,,~_.,_,,~"'...._'_"..n.'^".".",..~''',."''''_.<,>."'''.'".....'',,_....''",,,,.__"'~'''__'_''''''''_~'''_'''_''''~''~'''''''''''''''''''."n.__.._"'n'''''''.'"""_._,,,,_.'_'''~__'''''''''''''',,.~_~m~'n'''''''.,,_<<<<<<,,_~'~'_"""'_"'~"~'''~''
From: Susan Fariz [mailto:pdismf@aol.com]
Sent: Friday, December 08, 2006 10:34 AM
To: 'ZoneMelissa'
Ce: 'Fred Reischl'; 'PDIMRF@aol.com'; 'PDITFF@aol.com'
Subject: RE: Homes of Islandia (PUDA-2006-AR-9576)
Good morning, Melissa and Fred.
Thank you both for your continuing assistance.
We are agreeable to continue to the 1/23/07 BCe meeting.
As clarification and in light of this agreed upon date, we have revised our request for continuance.
In the meantime, we will continue to work with County staff and SFWMD relative to the outstanding issues.
Th tised continuance request form is attached for your use and distribution.
Melissa, I will send you the original via courier today.
12/15/2006
Page 2 of2
Thank you kindly.
8A
Sin Iy yours,
Susan
From: Fred Reisch I [mailto:reischl@abbinc.com]
Sent: Thursday, December 07,2006 10:30 AM
To: Susan Fariz
Cc: ZoneMelissa
Subject: RE: Homes of Islandia (PUDA-2006-AR-9576)
Hi Susan,
We would like to reschedule this for the 1/23/07 BCC. How does that sound?
Fred
From: Susan Fariz [mailto:pdismf@aol.com]
Sent: Wednesday, December 06, 2006 2:46 PM
To: 'ZoneMelissa'; 'bellows_r'; 'brock_m'; 'CarreIDanelle'; 'filson_5'; 'johnson_c'; 'martin_c'; 'minutes and records'; 'phillips_5';
'SandersBob'
Cc: Fred Reischl; 'wiley-r'; 'kurtz_g'; 'GianfrancoNicolaci'; PDIMRF@aol.com; PDITFF@aol.com
Subject: Homes of Islandia (PUDA-2006-AR-9576)
Good afternoon, all.
Pit ; find enclosed our form to request continuance for the Homes of Islandia PUDA Amendment (PUDA-06-AR-9576). This
petition is currently scheduled for the December 12, 2006 BCC meeting.
Thank you.
Sincerely yours,
Susan M. Fariz
Project Coordinator
PLANNING DEVELOPMENT INCORPORATED
Development Consultants, Civil Engineers, Planners and Landscape Architects
5133 Castello Drive, Naples, Florida 34103
P 239.263.6934
F 239.263.6981
12/15/2006
.." ,>""0"~"""""__~'"",...~~____,.,.",,,,,"_,;_;.,,~_;~,,-,",,,,,,".".._,.,..,,"~,'_.~ '__'~~~_""'^'~"_'_'~_'____"__"'_"__'.__
Page 10f3
Teresa L. Dillard
From: ZoneMelissa [MelissaZone@colliergov.net]
Friday, December 15, 2006 3:15 PM
Bellows, Ray; Brock, Mary; CarrelDanelle; Filson, Sue; Johnson, Connie; Martin, Cecilia; minutes
and records; Phillips, Sharon; Sanders, Bob
Cc: Minutes and Records
Subject: PUDZ-A-2006-AR-9021 LASIP
Sent:
To:
I'm sorry I forgot to mention the companion item also needs to be scheduled for the same BCC hearing January
23, 2007, PUDZ-A-2006-AR-9021 LASIP.
Because of the nature of the amendment PUDA-2006-AR-9576 Homes of Islandia needs to be heard first then
followed by PUDZ-A-2006-AR-9021 LASIP.
Thank you and have a good weekend!
Melissa Zone
Principal Planner
Department of Zoning & Land Development Review
2800 N. Horseshoe Dr.
Naples, FL 33104
239-213-2958
~~~_'_."~~_N'_'....~',~~~~_~w..<~mu~,~u~_'_'P"'_N'_'_~""_'.'__'n,~_,~w'__"~N'N~"-'_U._'N'__.. ,,"""~_m..._m~_._~~mN~.m"~'W~''''N''_''''''~~''~'_'N.m_wmm...m-"w"w""_'_m~'~"N~..m~_mN'__'~"'N,.,~.,.~.wmN~_N'N ""__'.._..'_mN.___mm_"_'_"'<"'~_~N~_mm'~N"'N'_<
From: ZoneMelissa
Sent: Friday, December 15, 2006 2:55 PM
To: bellows_r; brock_m; CarrelDanelle; filson_s; johnson_c; martin_c; 'minutes and records'; phillips_s;
SandersBob
Cc: 'MinutesandRecords@c1erk.collier.fl.us'
Subject: FW: Homes of Islandia (PUDA-2006-AR-9576)
The applicant would like to place petition: PUDA-2006-AR-9576 Homes of Islandia on the January 23, 2007 BCC
hearing.
Thank you
Melissa Zone
Principal Planner
Department of Zoning & Land Development Review
2800 N. Horseshoe Dr.
Naples, FL 33104
239-213-2958
From: Susan Fariz [mailto:pdismf@aol.com]
Sent: Friday, December 08,2006 10:35 AM
To: ZoneMelissa
Cc: 'Fred Reischl'; PDIMRF@aol.com; PDITFF@aol.com
Subject: RE: Homes of Islandia (PUDA-2006-AR-9576)
12/1512006
.._"'._---'.._-"'.<"_."._"."".,.~-...,~.,,._,,-,~""",...~"""......,.",.._~-.,.,""'~,,,..-,~,,,-_..'".,..,_."'"""----""",.~'"-_......~_.".~~~,._'"--"..-._.-'-'-",----~--
Page 2 of3
Attached is the revised form as noted.
Sincerely I
8A
Susan
From: Susan Fariz [mailto:pdismf@aol.com]
Sent: Friday, December 08,2006 10:34 AM
To: 'Zone Melissa'
Cc: 'Fred Reischl'; 'PDIMRF@aol.com'; 'PDITFF@aol.com'
Subject: RE: Homes of Islandia (PUDA-2006-AR-9576)
Good morning, Melissa and Fred,
Thank you both for your continuing assistance.
We are agreeable to continue to the 1/23/07 BCC meeting.
As clarification and in light of this agreed upon date, we have revised our request for continuance.
In the meantime, we will continue to work with County staff and SFWMD relative to the outstanding issues.
The revised continuance request form is attached for your use and distribution.
Melissa, I will send you the original via courier today.
Thank you kindly.
Sincerely yours,
Susan
From: Fred Reisch I [mailto:reischl@abbinc.com]
Sent: Thursday, December 07, 2006 10:30 AM
To: Susan Fariz
Cc: ZoneMelissa
Subject: RE: Homes of Islandia (PUDA-2006-AR-9576)
Hi Susan,
We would like to reschedule this for the 1/23/07 BCC. How does that sound?
Fred
From: Susan Fariz [mailto:pdismf@aol.com]
Sent: Wednesday, December 06,20062:46 PM
To: 'ZoneMelissa'; 'bellows_r'; 'brock_m'; 'CarreIDanelle'; 'filson_5'; 'johnson_c'; 'martin_c'; 'minutes and records';
'phillips_s'; 'SandersBob'
Cc: Fred Reischl; 'wiley-r'; 'kurtz_g'; 'GianfrancoNicolaci'; PDIMRF@aol.com; PDITFF@aol.com
Subject: Homes of Islandia (PUDA-2006-AR-9576)
Good afternoon, all.
Please find enclosed our form to request continuance for the Homes of Islandia PUDA Amendment (PUDA-06-
AR-9576). This petition is currently scheduled for the December 12, 2006 BCC meeting.
Thank you.
12/15/2006
~----~~"~.""~----'.~-'''-"''-''"'''''''-=-"'-''---'''...~_.----.-----,,--...__..,,_"'" -""I
Page3of3
Sincerely yours,
8A
Susan M. Fariz
Project Coordinator
PLANNING DEVELOPMENT INCORPORATED
Development Consultants, Civil Engineers, Planners and Landscape Architects
5133 Castello Drive, Naples, Florida 34103
P 239.263.6934
F 239.263.6981
12/1512006
A
.. .
\,~ :4
December 19, 2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: Notice of Public Hearing to Consider Petition
PUDA-2006-AR-9576, Homes of Islandia RPUD
Dear Legals:
Please advertise the above referenced petition on Sunday, January 7, 2007, and
kindly send the Affidavit of Publication, in duplicate, together with charges involved
to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
Enclosure
Charge to: 113-138312-649110
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, January 23, 2007, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS
MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM THE CLUB ESTATES PLANNED UNIT
DEVELOPMENT (PUD) TO HOMES OF ISLANDIA RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) BY REMOVING 99.3 ACRES FROM THE CLUB ESTATES
PUD, REDUCING THE NUMBER OF ALLOWABLE DWELLING UNITS FROM 49 TO
28, REMOVING A RECREATION TRACT AND THE REQUIREMENT FOR A COMMON
TRASH COLLECTION AREA. THE SUBJECT PROPERTY CONSISTS OF 155.3 +/-
ACRES LOCATED WEST OF COLLIER BOULEVARD (C.R. 951), APPROXIMATELY
1 MILE NORTH OF RATTLESNAKE-HAMMOCK ROAD (C.R. 864) IN SECTION 10
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BY
PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-31, THE FORMER
CLUB ESTATES PUD, AND BY PROVIDING AN EFFECTIVE DATE.
Petition PUDA-2006-AR-9576, The Club Estates II, LLC, represented
by Michael Fernandez, AICP, of Planning Development Incorporated,
requesting a PUD Amendment to change the Club Estates Planned Unit
Development (PUD) to Homes of Islandia Residential Planned Unit
Development (RPUD). The proposed amendment seeks to remove 99
acres from the original PUD, reduce the number of allowable
dwelling units from 49 to 28, change the name and remove a
recreation tract and a common trash collection area as
requirements. The subject property is 155.3 +/- acres, with a
proposed density of 0.18 units per acre, and is located on the
west side of Collier Boulevard (C.R. 951), approximately 1 mile
north of Rattlesnake-Hammock Road, in Section 10, Township 50
South, Range 26 East, Collier County, Florida. (Companion to PUDZ-
A-2006-AR-9021)
A copy of the proposed Ordinance is on file with the Clerk to the
Board and is available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County Manager prior to presentation of the agenda
[I
f~,
item to be addressed. Individual speakers will be limited to 5 minutes
on any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written materials
intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public
hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Dillard, Deputy Clerk
( SEAL)
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES. FLORIDA 34101-3044
o
o
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
December 19,2006
The Club Estates II
2033 Trade Center Way
Naples, FL 34109
Re: Notice of intent to consider:
PUDA-2006-AR-9576, Homes of Islandia RPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 23, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 7, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~(Sh_lliVI~
Teresa Dillard,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.ft.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.ft.us
Dwight E. Brock
Clerk of Courts
County of eollier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI ~ EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
December 19,2006
Planning Development Inc.
Michael Fernandez, AICP
5133 Castello Drive Ste. 2
Naples, FL 34103
Re: Notice of intent to consider:
PUDA-2006-AR-9576, Homes of Islandia RPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 23, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 7, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
tlJk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.n.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.n.us
Teresa L. Dillard
SA
To:
Subject:
legals@naplesnews.com
PUDA-2006-AR-9576
Attachments:
PU DA-2006-AR-9576.doc; PU DA-2006-AR-9576 .dot
Legals,
Please advertise the following on Sunday January 7,2007. Any questions, please contact me.
Thank you
l!!i
I
PUDA-2006-AR-957 PUDA-2006-AR-957
6.doc (27 KB) 6.dot (30 KB)
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Dillard@Clerk.collier.fl.us)
1
Teresa L. Dillard
8A
From:
Sent:
To:
Subject:
Clerk Postmaster
Tuesday, December 19, 200610:18 AM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
A TT1269757 .txt; PUDA-2006-AR-9576
1=:"'
~
~7J
L::..J
ATT1269757.txt PUDA-2006-AR-957
(231 B) 6
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Teresa L. Dillard
8A
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Tuesday, December 19, 200610:18 AM
Teresa L. Dillard
Delivered: PUDA-2006-AR-9576
Attachments:
PUDA-2006-AR-9576
[2]........'.'.
", .......
"'-'
PUDA-2006-AR-957
6
<<PUDA-2006-AR-9576>> Your message
To: legals@naplesnews.com
Subject: PUDA-2006-AR-9576
Sent: Tue, 19 Dec 2006 10:17:44 -0500
was delivered to the following recipient(s):
legals, NDN on Tue, 19 Dec 2006 10:17:54 -0500
1
PUDA-2006-AR-9576
Teresa L. Dillard
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Tuesday, December 19, 2006 10:28 AM
To: Teresa L Dillard
Subject: RE: PUDA-2006-AR-9576
OK
From: Teresa L. Dillard [mailto:Teresa.Dillard@clerk.collier.fl.us]
Sent: Tuesday, December 19, 2006 10: 18 AM
To: legals@naplesnews.com
Subject: PUDA-2006-AR-9576
Legals,
Please advertise the following on Sunday January 7, 2007. Any questions, please contact me.
Thank you
<<P U DA-2006-AR-9576 .doc>> <<P U DA-2006-AR-9576 .dot>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa.Dillard@clerk.collier. fl. us)
12/19/2006
Page 1 of 1
r'",
II../;
u
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Pu blication
State of Florida
County of Collier
*tl~ittilltlib)llven
that on Tuesday. 'aou'
farYd2:J.,;Z..007. '.n the
oar ro~~}rd Floor
dmtnl$trauori '. ~lldjng:
Colli... ColUIty Govern-
~nt Cent.... 3301 !'ast
Tamlaml Trail. Naples
Flo.rida. the Soarel 01
C.ouAtY.~, Q{nmI$Slol'lers.
will CIl the enact,
Ordl-
c:.. will
T A.M.
tIe ' ' e pro-
posed Ordln.aCe Is as
follows:
Before the undersigned they serve as the authority, personally
appeared B. Lamb, who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper I time in the issue
on January 7th
2007
AtIiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the ~aid
newspaper has heretofore been continuously puhlished in said Collier
County, Florida; distributed in Collier and Lee counties ofFIOlida,
each day and has heen entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, lor a period of 1
year 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.
~.'~
( Signature of affiant)
Sworn to and subscribed before me
This 7 day of January, 2007
mn
, Y--~_
(Signature of notary public)
, ",.,.,..~
il i' ~I 'f:
\. ..
l( ~..... --. s
l ~"'OFf\.d'
FEI 59-2578327
", . ~
u' p'. u' ,;,<.:. "013'8 ,)i nonda
NOM:)' , ,VI'.. , - .... :
Susan D "-:";O,i\ . 111
'''D '{1') nc; ~
My Commls~.~o:"I. ~ (, JOt., .t.~ \:
Explr~~~ 0 1~OLJ200:~~=__=.J
E -
~8A
,1 -"
~. "
A COpy pf
Ol'dll'lMCe
~. Clerk
and Is ava
spec:tjon.
PllI'tIes are
tend IInd be heard;
~..' All I!IH'SOF\lI
1iGendi'1~~st~
ter with the County
Manager prior to pre,
!entation of t
IteJlt-.i:1
ln~v. s .
l:Ie II .' to mllWtl1s
on, artY... The selec-
t on of an II!ldMdtJal to
spealt.~~_!leh'/f of an
o~~ or .CII'OIlD Is
~ou'a~.. If recog-
nlzlld /:Ill' the Cl'tafrmlll
ilSPOkes"ersol1'for II
lJrOUII Ororganlzatliln
may be allotmd 10 It\ln-
~:~~ to speak on I:n
pe. rsons'IILwls.hlnlJ.to
have wrItten 01" griiDMc
materials in~ludlld In
the Board allf!~a pack-
ets mllst submft saId
mat~rtal a mlolmurn of 3
weel<s prIor to there-
$pectlve public: hearing'
In l1l'i)' case, Written fTIa:
terl./!llntended to bll
C~~b)' ~ BOlII'(l
shal/. beiSUClmltted to
tht!ttN)prQP.1ate Count)'
5 ~a ",n.."um of sC!V"
en cis pr:lor to tne
p rlog. AU ,",,_
~f ~n t~~e;':ci
wYn . mil a "1'11'1.-
nentlWt of lbe record.
Anyt' '.person who decld-
eso,~peal... a. decision
of the. BOard will need a
record of the proceed,
Ingds tC:re~. nlng thereto
an reo '""Y need
to ensure that a verba-
tim record of the pro-
ceedings Is mll<le which
'ff,r,~~'~~ ". ..
de .de
upon \'Vl!lIc:h tIHt _e.,
IsbaiSlllll. . .
BOARD OF COUNTY
COM~I$SfONERS , '.
COlliER COUNTY
FLORIDA .
~\~ES COLmA. CHAIR-
gL~~~HT E, S'ROCK.
~~ C~~ DIllard. Dep-
(SEAL)
Jan, 7 No. 1493zzg,
,..//
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I 8 A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper, Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceDtion of the Chairman's signature, draw a line through routing lines #1 through #4, comDlete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners /~ ?~ ;Z-~/~
6. Minutes and Records Clerk of Court's Office v
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff Melissa Zone
Contact
Agenda Date Item was 1/23/2007
A roved b the BCC
Type of Document
Attached
PRIMARY CONT ACT INFORMATION
Phone Number
Agenda Item Number
Ordinance and RPUD document
Number of Original
Documents Attached
213-2958
8-A
t>
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on I -:l1-(.J] (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
Yes
(Initial)
2.
3.
4.
5.
6.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
8A
ORDINANCE NO. 07-~
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM CLUB
ESTATES PLANNED UNIT DEVELOPMENT (PUD) TO
HOMES OF ISLANDIA RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) BY REMOVING 99.3 ACRES FROM
THE CLUB EST A TES PUD, REDUCING THE NUMBER OF
ALLOW ABLE DWELLING UNITS FROM 49 TO 28,
REMOVING A RECREATION TRACT AND THE
REQUIREMENT FOR A COMMON TRASH COLLECTION
AREA. THE SUBJECT PROPERTY IS 155.3:!: ACRES
LOCATED WEST OF COLLIER BOULEVARD (C.R. 951),
APPROXIMATELY 1 MILE NORTH OF RATTLESNAKE-
HAMMOCK ROAD (C.R. 864) IN SECTION 10, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER
99-31, THE FORMER CLUB ESTATES PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Michael Fernandez, AICP, of Planning Development Inc., representing The
Club Estates II, petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 10,
Township 50 South, Range 26 East, Collier County, Florida, is changed from the Club Estates
Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development
(RPUD), in accordance with the PUD Document, attached hereto as Exhibit "A", which is
incorporated herein and by reference made part hereof. The appropriate zoning atlas map or
maps, as described in Ordinance Number 04-41, as amended, the Collier County Land
Development Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 99-31, known as the Club Estates POD, adopted on May 11, 1999 by
the Board of County Commissioners of Collier County, is hereby repealed in its entirety,
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
Page 1 of 2
SA
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Commissioners of Collier County, Florida, this 4..1- day of :s::A,..:>vJ\ R.....'I ' 2007.
,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~
JAMES COLETTA, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
..... ~,\:". ;,'~ ,'''';'.
,,-
... ~;'~~H-'tl',O~
A~t<<S~;~....:',,:to....~., " "1 eputy Clerk
S ! QR. ~,'" , 0. J"..' '"
BY:
'I
Approved as to form and
.'
. legal s1;lfficiency
~ 011. .fJ!-~-!lb/1P~ -'-
Marjo' M. Student-Stirling ,- - - --0
Assistant County Attorney
PUDA-2006-AR-9576/MZ
Page 2 of 2
,-
J~la-~
8A
HOMES OF ISLANDIA
A RESIDENTIAL PLANNED UNIT DEVELOPMENT
PREPARED FOR:
THE CLUB ESTATES II, LLC
2033 TRADE CENTER WAY
NAPLES, FLORIDA 34109
PREPARED BY:
Michael R. Fernandez, AICP
of
Planning Development Incorporated
5133 Castello Drive, Suite 2
Naples, Florida 34103
ORIGINAL DOCUMENT DATE 03/01/06
REVISION DATE 01/12/07
DATE FILED
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC 1-23-2007
ORDINANCE NUMBER 2007-04
AMENDMENTS AND REPEAL 1999-31
Exhibit "A"
TABLE OF CONTENTS
LIST OF EXHIBITS AND TABLE
STATEMENT OF COMPLIANCE
SECTION
SECTION II
SECTION III
SECTION IV
SECTION V
PROPERTY OWNERSHIP AND DESCRIPTION
LOW DENSITY RESIDENTIAL AREA PLAN
COMMONS AREA PLAN
CONSERV A TION/PRESERVE AREA PLAN
DEVELOPMENT COMMITMENTS AND DEVIATIONS
8A
PAGE
ii
SA
LIST OF EXHIBITS AND TABLES
EXHIBIT A PUD Master Plan
BA
STATEMENT OF COMPLIANCE
The development of approximately 155.3 acres of property in Collier County, as a
Residential Planned Unit Development to be known as HOMES OF ISLANDIA will be in
compliance with the goals, objectives and policies of Collier County as set forth in the
Growth Management Plan. The residential and accessory facilities of HOMES OF
ISLANDIA RPUD will be consistent with the growth policies, land development
regulations, and applicable comprehensive planning objectives of each of the elements
of the Growth Management Plan for the following reasons:
Residential Proiect
1. The subject property is within the Urban Residential Land Use Designation
as identified on the Future Land Use Map of the Future Land Use
Element.
2. The project development is compatible and complementary to existing and
future surrounding land uses as required by Policy 5.4 of the Future Land
Use Element.
3. Improvements are planned to be in compliance with the Land
Development Code as set forth by the Future Land Use Element.
4. The project development will result in an efficient and economical
extension of community facilities and services as required by the Future
Land Use Element.
5. The project development is planned to incorporate natural systems for
water management in accordance with their natural functions and
capabilities as required by Objective 1.5 of the Drainage Sub-Element of
the Public Facilities Element.
6. The Residential Planned Unit Development includes open spaces and
natural features which are preserved from future development in order to
enhance their natural functions and to serve as project amenities.
7. The projected gross density of 0.18 d.u. per acre is in compliance with the
Future Land Use Element of Growth Management Plan based on the
following relationships to required criteria:
Base Density
Traffic Congestion Area
No Bonus requested +
Eligible Density
Proposed Density
4.0 DU/A
0.0 DU/A
0.0 DU/A
4.0 DU/A
0.18 DU/A (28 DUs 1155.3 acres)
ii
8A
SECTION I
Legal Description
1.1 LEGAL DESCRIPTION
The subject property being 155.3 acres, is described as:
The South one half of the South one half of Section 10, Township 50 South,
Range 26 East, Collier County, Florida, LESS AND EXCEPT the East 125.00
feet for County right-of-way and/or Utility Easements, as appear in those certain
deeds and instruments recorded at O.R. Book 1952, Page 2219.
1.2 PROJECT DESCRIPTION
The completed project will be a private gated community consisting of a
maximum of 28 residential lots and two interconnected lakes located within a
common preserve. The lots and lakes are located interior to a perimeter access
road. Each lot will have a permanent concrete block or stone retaining wall
surrounding the lot and driveway.
1.3 SHORT TITLE
This Ordinance shall be known and cited as the "HOMES OF ISLANDIA RPUD."
1-1
8A
SECTION II
LOW DENSITY RESIDENTIAL AREA PLAN
2.1. PURPOSE
The purpose of this Section is to identify specific development standards for
areas designated on Exhibit "A" as Tract "L", Low Density Residential.
2.2 MAXIMUM DWELLING UNITS
Tract "L" - 28 units
2.3 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Principal Uses:
1. Single family dwelling unit
2. On-site sewage treatment plant/facilities (see Section 3.5)
B. Accessory Uses:
1. Customary accessory uses and structure, including private
garages.
2. Common recreation amenities.
3. Detached guest houses.
4. Retained native vegetation.
2.4 DEVELOPMENT STANDARDS
A. GENERAL:
All yards and setbacks shall be in relation to the individual lot boundaries,
except as otherwise provided.
B. MINIMUM LOT AREA: 20,000 square feet.
11-1
$" II
. t II
$"",,, f 5'
C. MINIMUM LOT WIDTH:
The minimum lot width measurement shall start approximately 50 feet
back from the right-of-way and shall not include the narrow driveway
portion of the lot.
1 . Corner Lots - 100 feet
2. Interior Lots - 100 feet
D. MINIMUM LOT FRONTAGE:
1. 30 feet, measured at the right-of-way line.
E. MINIMUM YARDS:
It is anticipated that the residential lots will be uniquely shaped and that no
lots will share a common lot line. Each lot will be separated by a Common
Area buffer averaging 80 feet in width. Therefore, the minimum side and
rear yard of zero (0') feet is justified.
1. Front Yard: 50 feet from right-of-way.
2. Side Yard: 0 feet
3. Rear Yard: 0 feet
4. Front yard setbacks shall be measured as follows:
(a) If a lot or parcel is served by a public or private right-of-way,
setback is measured from the adjacent right-of-way line,
even if the lot or parcel is ''I'' or flag shaped.
(b) If a lot or parcel is served by a non-platted private drive,
setback is measured from the back of curb or edge of
pavement.
(c) If a lot or parcel is served by a platted private drive, setback
is measured from the road easement or property line.
F. MINIMUM FLOOR AREA:
1. 3,000 square feet
11-2
8A
G. MINIMUM DISTANCE BETWEEN PRINCIPAL AND ACCESSORY
STRUCTURES:
1 . 10 feet
H. MAXIMUM HEIGHT:
1. Principal Structure - 50 feet and 3 stories above the minimum base
flood elevation.
2. Accessory Structure - 35 feet and 2 stories above the minimum
base flood elevation.
11-3
SECTION III
8 .Ii.?
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,
s
COMMONS AREA PLAN
3.1. PURPOSE
The purpose of this Section is to set forth the development plan and development
standards for the area designed as Tract "0", Commons Area/Conservation Area
on the RPUD Master Development Plan, Exhibit "A". The primary function and
purpose of these Tracts will be to provide aesthetically pleasing open areas and
recreational facilities. Except in areas to be used for water impoundment and
principal or accessory use areas, all natural trees and other vegetation as
practicable shall be protected and preserved.
3.2. USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or in part, for other than the following:
A. Principal Uses:
1. Lakes.
2. Open spaces/nature preserves (Conservation Area).
3. Pedestrian and bicycle paths or other facilities constructed for
purposed of access to or passage through the common areas.
4. Small docks, piers or other such facilities constructed for purposes
of lake recreation for residents of the project.
B. Accessory Uses:
1. Small enclosures or other structures constructed for purposes of
maintenance, storage, recreation or shelter with appropriate
screening and landscaping.
3.3. DEVELOPMENT REGULATIONS
A. Overall site design shall be harmonious in terms of landscaping, enclosure
of structures, location of access streets and location and treatment of
buffer areas.
B. Buildings shall be set back a minimum of fifty (50) feet abutting residential
districts and a landscaped and maintained buffer shall be provided.
111-1
8$4
r
C. Lighting facilities shall be arranged in a manner which will protect
roadways and neighboring properties from direct glare or other
interference.
D. A site development plan meeting the requirements of the LDC shall be
required.
E. MAXIMUM HEIGHT:
1. Principal Structure: 30 feet.
2. Accessory Structure: 30 feet.
111-2
8A
SECTION IV
CONSERVATION/PRESERVE AREA PLAN
4.1. PURPOSE
Conservation/Preserve Area - The purpose is to preserve and protect native
vegetation naturally functioning habitat in their natural state.
4.2. USES PERMITTED
No building or structure or part thereof, shall be erected altered or used, or land
used, in whole or in part, for other than the following, subject to regional state
and federal permits when required;
A. Principal Uses:
1. Open spaces/nature preserves.
2. Boardwalks subject to appropriate approvals by permitting
agencies.
3. Perimeter security fences or privacy walls may be eight feet high
and shall be placed in areas with the least impact to the
conservation areas, such as along the private road which is the
most disturbed or in areas of least impact to native plants and
naturally functioning habitats.
4. Native vegetation landscaping.
5. Permitted mitigation activities.
IV-1
8A
SECTION V
DEVELOPMENT COMMITMENTS AND DEVIATIONS
5.1 DEVELOPMENT COMMITMENTS
A. DEVELOPER CONTRIBUTIONS
1. The developer shall provide a non-exclusive 50' X 50' easement at
the southwest corner of their project subject to a conservation
preservation easement to multiple jurisdictional agencies.
5.2 DEVIATIONS
A. ENGINEERING
1. Grassed slopes of 3H:1V may be used for berm heights to 4 feet
throughout the project based on the construction plans approved as
part of the SFWMD, ERP, and ACOE Dredge-Fill Permits. Berms
greater that 4 feet in height shall use slopes no greater that 4H:1V.
B. TRANSPORTATION
1. A deviation from LDC requirements for RPUD annual monitoring
reports. The developer, in lieu of paying for annual traffic counts at
the project accesses, shall make a single payment in the amount of
$3,600 to mitigate the need for annual counts. Payment to be made
within sixty (60) days of Ordinance approval date.
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OF
PlANNING DEVELOPMENT INCORPORA TED
DEVELOPMENT CONSUL TAHTS, ENGINEERS, Pl..ANNERS AND LANDSCAPE ARCHITECTS
5133 CASTELlD DRIVE. sum 2. NAPLES. 1'WRlDA 34103
_........ _/1ID--..(ftllr) .I'PI .vJI1'."'JI.ODM
EXHIBIT '~"
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I
STATE OF FLORIDA)
8A
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-04
Which was adopted by the Board of County Commissioners
on the 23rd day of January, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of February, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
"., .
Ex-officio to Board of
County Commissioners
,
"
fuuL ~OC.
/ \ ~
By: Ann Jennejohn,
Deputy Clerk
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
88
fo: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement
(Display Adv., location, etc.)
Other:
***********************************************************~~*~************************************
Originating Dept! Div: Comm.Dev.Serv./ Planning Person: Melissa Zonel2 a e:
Petition No. (If none, give brief description): PUDZ-A-2006-AR-90
Petitioner: (Name & Address): Agnoli, Barber & Brundage, Inc" 7400 Tamiami Trail North, Fred Reischl, AICP
Naples, FL 34108
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Collier County
Transportation Div., 2885 S. Horseshoe Dr., Naples, FL 34104
Hearing before BCC
BZA
Other
Requested Hearing date:
November 28, 2006
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: PUDZ-A-2006-AR-9021, Collier County
Transportation Division, represented by Fred Reischl, AICP, of Agnoli Barber & Brundage, requesting a PUD to PUD Rezone to
amend 99.3 acres from The Club Estates PUD to LASIP Conservation Area Community Facilities Planned Unit Development
(CFPUD). The site is currently covered by a conservation easement and is proposed to be amended for preserve, water management
and passive recreational uses. The subject property is located on the west side of Collier Boulevard, south of Club Estates Drive
and north of Naples Lakes Country Club, in Section 9, Township 50 South, Range 26 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date: (Companion to PUDA-2006-AR-9576)
Does Petition Fee include advertising cost? Yes
113-138312-649110
No If Yes, what account should be charged for advertising costs:
Reviewed by:
A,.L.)~< '-/h u-.[iZ.:.~ /0 /2 S~~~'7
Department Head Date
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A, For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager, Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file,
****************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Ro,,;vod, ~ate of Public bo..ing' ~o Advorti"d, ~
\\g..~ .h Iu:t--
_,~_"'"_~__~O'"~h~"_,",,_,,,,'_"'._.___"_~_____AA."__''"___'"' _, ,"... ,.. '.,,"_ ,.,.
ORDINANCE NO. 06-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, AS AMENDED, WHICH
INCLUDES THE COMPREHENSIVE ZONING
REGULA nONS FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA, BY AMENDING
THE APPROPRIATE ZONING ATLAS MAP OR MAPS
BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM
THE CLUB ESTATES PUD TO LELY AREA
STORMW A TER IMPROVEMENT PROJECT (LASIP)
CONSERVATION AREA COMMUNITY FACILITIES
PLANNED UNIT DEVELOPMENT (CFPUD). THE
SITE IS FOR PRESERVE, WATER MANAGEMENT
AND PASSIVE RECREATIONAL USES FOR
PROPERTY LOCATED ON THE WEST SIDE OF
COLLIER BOULEVARD (CR 951), SOUTH OF CLUB
ESTATES DRIVE AND NORTH OF NAPLES LAKES
COUNTRY CLUB, IN SECTION 15, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 99,3 ACRES; PROVIDING
FOR THE REPEAL OF ORDINANCE NUMBER 99-31,
THE FORMER CLUB ESTATES PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Fred Reischl, AICP of Agnoli, Barber & Brundage, Inc., representing the
Collier County Transportation Di vision, petitioned the Board of County Commissioners to
change the zoning classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 15,
Township 50 South, Range 26 East, Collier County, Florida, is changed from The Club Estates
PUD to LASIP Conservation Area Community Facilities Planned Unit Development (CFPUD),
in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated
herein and by reference made part hereof. The appropriate zoning atlas map or maps, as
described in Ordinance Number 04-41, the Collier County Land Development Code, as
amended, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 99-31, known as The Club Estates PUD, adopted on May 11, 1999,
by the Board of County Commissioners of Collier County, is hereby repealed in its entirety,
Page 1 of 2
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
BB
Commissioners of Collier County, Florida, on this _ day of
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency
~rA.)I
~' ,: Marjorie M. Student-Stirling
Assistant County Attorney
PUDZ-A-2006-AR-9021/MZ
Page 2 of 2
8B
LASIP CONSERVATION AREA
A
COMMUNITY FACILITIES
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE LASIP
CONSERVATION AREA, A COMMUNITY FACILITIES PLANNED UNIT
DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLIER COUNTY LAND
DEVELOPMENT CODE
PREP ARED FOR:
COLLIER COUNTY TRANSPORTATION SERVICES DIVISION
2885 SOUTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
PREP ARED BY:
AGNOLI, BARBER & BRUNDAGE, INe.
7400 NORTH TAMIAMI TRAIL
NAPLES, FL 34108
DATE REVIEWD BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
EXHIBIT" A"
T ABLE OF CONTENTS
LIST OF EXHIBITS AND TABLE
STATEMENT OF COMPLIANCE
SECTION 1
SECTION 2
SECTION 3
SECTION 4
PROPERTY OWNERSHIP & DESCRIPTION
PROJECT DEVELOPMENT
CONSERVATION AREA
DEVELOPMENT COMMITMENTS
PAGE
11
111
1- 1
2 - 1
3 - 1
4 - 1
88
j~'i"
LIST OF EXHIBITS AND TABLES
EXHIBIT "A" PUD Master Plan
EXHIBIT "B" Location Map
EXHIBIT "C" Boundary Survey
11
STATEMENT OF COMPLIANCE
The use of approximately 99.3 acres of property in Collier County, as a
Community Facilities Planned Unit Development (CFPUD) to be known as
the LASIP Conservation Area CFPUD will be in compliance with the goals,
objectives and policies of Collier County as set forth in the Growth
Management Plan (GMP). The uses of The LASIP Conservation Area
CFPUD will be consistent with the growth policies, land development
regulations, and applicable comprehensive planning objectives of each of the
elements of the GMP for the following reasons:
1, The subject property is within the Conservation Designation as
identified on the Future Land Use Map (FLUM) as required in Objective
1, Policy 5.1 and Policy 5.3 of the Future Land Use Element (FLUE).
2. The subject property will place no demands upon public facilities and
will add to the public infrastructure, per Objective 2 of the FLUE.
3. The project development is compatible and complementary to existing
and future surrounding land uses as required in Policy 5.4 of the FLUE.
4, Improvements are planned to be in compliance with applicable land
development regulations as set forth in Objective 3 of the FLUE.
5. The project development is planned to incorporate natural systems for
water management in accordance with their natural functions and
capabilities as required by Objective 1.5 of the Drainage Sub-Element of
the Public Facilities Element.
1I1
..
1
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of
the property, and to describe the existing conditions of the property
proposed to be developed under the project name of the LASIP
Conservation Area CFPUD.
1.2 LEGAL DESCRIPTION
The subject property, being 99.3 acres, is described as:
Commencing at the northeast corner of Section 15, T50S, R26E, Collier
County, Florida; thence along the North line of said Section 15,
S87037'14"W 100.16 feet to the West right-of-way line ofCR-951 for a
PLACE OF BEGINNING; thence along said West of right-of-way line
S00051 '53"W 892,87 feet; thence S87043'59"W 4870.63 feet to the
West line of said Section 15; thence along said West Section line
NOooI5'23"W 882.49 feet to the Northwest corner of said Section 15;
thence N87037'14"E 4888.46 feet to the place of beginning, containing
99.3 acres more or less.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of Collier County,
a political subdivision of the State of Florida, 3301 Tamiami Trail East,
Naples, FL 34112-3969
1-1
11J~
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the
respective land uses of the tracts included in the project, as well as other
project relationships.
2.2 GENERAL
A. Regulations for development of the LASIP Conservation Area
CFPUD shall be in accordance with the contents of this
Document, PUD-Planned Unit Development District and other
applicable sections and parts of the LDC and GMP in effect at the
time of building permit application. Where these regulations fail
to provide developmental standards then the provisions of the
most similar district in the LDC shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the
same as the definitions set forth in the LDC in effect at the time of
building permit application.
C. All conditions imposed and all graphic material presented
depicting restrictions for the development of the LASIP
Conservation Area CFPUD shall become part of the regulations
that govern the manner in which the CFPUD site may be used.
D. Unless modified, waived or excepted by this CFPUD, other
provisions of the LDC, where applicable, remain in full force and
effect with respect to the use of the land which comprises this
CFPUD.
E. Uses permitted by the approval of this petition will be subject to a
concurrency review for adequate public facilities.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, is illustrated graphically by Exhibit
2-1
NAPLES DAILY NEWS
Published Daily
Naples. FL 3+ 102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority. personally
appeared Phil Lewis. \vho on oath says that he
serves as the Editor of the Naples Daily. a daily newspaper
published at Naples. in Collier County. Florida: distributed
in Collier and Lee counties of Florida: that the attached copy
of the advertising. hcine a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
\vas published in said newspaper
on November] 2. 2006
1 time in the issue
Aftiant !LlTther says that the said Kaples Daily "Jews is a newspaper
published at :--;aples. in said Collier County. Florida. and that the said
newspaper has hereto!l)re been continuously puhlished in said Collier
County. Florida; distributed in Collier alld I .ee counties Clf Florida.
t..~a\2h day and has bc~n cnh:n:d as s("cond dass Illail o13tkr at the post
ollice in "aplcs. in said (,)!Iier COllnty. Florida. Il,r a period of I
vear ne'.1 preceding the first publication oftbe allaehed c'opy of
advertisement: and affiant further says that he has neither paid nor
promised any person. linn or corporation any discount. rebate.
commi"jon or refund for the purpose of securing this advert isemenl for
p"hl"",o" '" 'he ~',","'T .
GP;1 ~~ ~-~-
( Signature of affiant)
Sworn to and subscribed before me
Th;, 17Jhd::o:m:L.~.,~~Q
'natu e of 110taI)~)
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MEN'I' A.D PASSIVE
RE.CH.' A'r:'lO N A L U.SES
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ED ON T. . WEST Sf DE
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(CR9S! . SOUTH OF
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AND ,Ii( ~.LES
LAKI5I : tlDB.
INSE T WN.
S..H. IPSO. 50. UT~RA NG E
26 EAST. COLLI COUN.
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TING 01'99.3 A :
P~IlING .
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ME CLIi/ .''E' .ES
PUD; AND tv. PItOVIOING
AN EFFECTIVE DATE.
Petltlon . PUD%.A-2006. I
AR-9021,' Collier County'
Transportation Dlvlslonl
represented by Frea
'. =l=!o,t~. af~;~~
quoting a PQ. o>JlUD
Rezone to altl. e~..9.9.3
8CJ'eI' from TbeCTu,.,. Es'
tates POD to t.ASlP Con.
servatlon Area Commu-
nity. Facllltle.' Plan. ne. d
Un ItDIl:.velopmllnt
(cFllIJl)).1l\8'~ Is car-
rently COvered bY a con-
servation ..HStment and
Is propOslld tobe
amllnded for "",server
water management ana
p4S1t.1'I'!I rec:r:e~U1lnal
UJeS, -me $ub~ prop.
ertY' IS .Io~ted on the
west side of tolner I
eoulev/U'd. south of Club
Estates Di1ve and north
of NaPles Lakes County
Club, 11\ SectIon 9. Town.
ship 50 South, Range 26
East. Collier County.
Florida. (Companion to
PUDA.2Q06..AR-9S76)
() B
Copllls of the prop~sed '1
ordln.ance are on fIIll,
Wlthtllit Clerk to }!'Il'1
.BOMd and are av.ll_le
for I~lln. Alllntet.
Ilsted. iWtIllsare Invited
to attei'ld and be hel\l'd.
NOTE: All persOns wIsh.
Ing to speak o.n_~~y
qenda ttem must . _5'
ter with the COUnty ad.
mllilstrator .,rtor to pre-
sentatton otM. agenda
Item to be addresslld.
IndlVllkl4t speakers w1l1
be IIlT11t\lj:l to 5 mlnut!,!s
on any Item. The selec-
tIon of an individual to
speak on be"-If o.f ~
orglllllzatlol'l '~ .
encouragell. ..
nlud by the . .
.ll~..,ersoft.fot..a
gJ"'l).U.....'P.......iorq,rg.. n.lza..t..."
~... .allDttld 10 mln-
'KItt~deak 4ft, an
. ~rSOns wiShing' to tllVe
written or gr!lPhlc ma.
terlals Included In the
f toarei .lIal....
..........m. ust It"':.~.. ..~'
.... . I \1:'013
. . .
..me-
tedal!li ln~ended to be
corlSlilereo.by tml Board
shall be submitted to
tll.e . approl)!late co.unty
staff. mlntmum of sev.
.n ClaYlprl~r to . the
harl!\1il.AI! In.'
prednt4.
ore the 8~
)1]':., ea P'.ll-
Qfthe teeo.,..
..~~<' .. . who deckles
to.'.: ...".' . ... .. .. decISion of
.. . .wi" need a reo
" . the proceedings
pertaining thereto and
thenllfo"', may_d to
ensllfe tMt a verbatim
record of the ed.
reo
Is bIIed:.
!9.~~C)iJNTV
~VNTV,
~"N1Cffiun;CHAIR'
MAN
DWIGHT E. BROCK.
CLERK .
. '" ,.... _d, "'p-
uty CIeri<.
\ (SEAL)
Nov.12 .' No. 146771J"
NAPLES DAILY NEWS
Published Daily
Naples. FL 34102
Affidavit of Publication
State of Florida
County of Collier
Bcfore the undersigned they serve as the authority, personally
appeared Phil Lewis. who on oath says that he
serves as the Editor of the Naples Daily. a daily newspaper
published at Naples. in Collier County. Florida; distributed
in Collier and Lee counties of Florida: that the attached copy
of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on November 12, 2006
time in the issuc
Affiant Jurther says that the said Naples Daily :-':cws is a ne\.\spaper
published at :\aples. in said Collier Counly, FlOrIda, and thallhe said
ne\.\spaper has heretot"re been conlinuously published in said Collier
Countv. Florida: distributed III Collier and Lee counties of Florida.
cad1 day and has h.:~n l'nterl'd as second class Illail mattl'r at th..:: post
otlice 111 :\aplc." III said CollJer COHnlv, Florida, !()r a perIod of I
war ne'.1 preceding the firsl publication of the attached copy of
advel1isell1en1: and atliant filrther says that he has neilher paid Iwr
promised any person, linn or corporation any discounl, rebate.
commission or rcfLll1d fi,r the purpose of securing lhis advertisemenl for
publi" ion in lhc said n' 'spaper
( Signature of affiant)
Sworn to and subscribed before me
This 17th day of November. 200() -y/
~?Z-L--C~ . ~~t::~~<?
naturC~rnorary"piif1C) ,.... . """" ,<...r ,
i.i;~'
".......
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hi' r::~~L'W"!$1ON , ootUImt !JIIIfI
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':";<"":."NJl1:ro.~.i:,1llC.
t.
1M-
'.ICT
Jt.:.A$Jf PNSERVATIP~
4ltEA COl..'. UNITY FA-
C ILIlIES '. I\IEI) UN IT
DEVII.OP' T(CFPUD).
I THEfT! $. FOR PER.
SE WAmt MANAGE:
t,1E AIU) PASSIVE
R.n......... HAL LlSES
n"MAT.
WES '-I'
I OULA
CR U1' UTH 0
~LUB IS A'~SORIYE
!flJ~.af' f
IN NO~. lr -
SHI SOUTH RANGE
a fAST ,~<O~
TV, Fl.ORIDA,CONSUl.
TING OF' 9j.3 AC S;
PROVIDI". Il.FO. '.R.t .
PIAL Of'. '.PR'D
HUMID "'Iii ' -
MER CLUB 'Es S
PUD; AND By PROVIDING
AN EfFECTIVE DATE.
lleUtJOil iii'i1I)z,'A.2006.'
AR-90Z1.'Colller County
TransportatlonDlvIslorlt
represen.ted by Freo
R.eel." AICP...n.Aa..nO....ll,
Ia '~Ir..,. ll4l,re-
I,.. a PVIILPUP
t_ . .3
EJ"
to on-
servatlOn Area Commu-
nity Facilities Planned
Unit. h.v.lelollment
(CfPU/),). .".. llIte. Is Ct.II'-
rently.~ bY a .COll-
..rvatlon e...m....t lnd
III p. r!>.poll'ildto be I
am,.nd".. fpr presltf'\[e.l'
watt!' I\W1APment ami
pa..IY,U!... .,r..u.on,l'..1
uMt.' TI'Ie s. ~ lln.!P-
erty 'Is loc. ed on tlte
west. side pf Cc)lller
louleY"". SOUth of Club
Pn'te and north
..~' . '. .. s coulity
9. Town.
s p '. outh. Range 26
East, ColIl'~lr County,
Florida. (Companion to
PUDA..2006.AR-9576)
Copies of the proPo'leld
OrCllnance are on , e
=cJt~c.w~vt,.~I~:
fOr~ron. AIr'lnter.
......Htt\es are Invtted
to Ittehd alld li!.e heard.
NOTE:. All ~nswlsh'
!.ry.U2"I=..' a~~n~l.
~;l~1~
Item. to be addressed.
IndMII\lltI.IIDUket'1Wlll
be IIm~ to 5 'minutes
on any Item. . The selec.
tlon.oof an IndIV.ldU. "I to
.peak on beh~f.9t an
ortllftlotlon or. ~ .Is
enc~raGed''''tJ'''lJg. -
nlze.. b ,,,;.,,,,lrrnan,
a '1M non for ..
t;.1l~,., n!~a~fn~
=~ospe"k on an
Persons wishing to have
W!!lttenoSjfAPjllc~'
tetl"s In"''''tIId,",~'''e
l-
S
~~=i
=~\~lIr~ ~:;
Shall .be submitted to
tflemropflate County
staff a minimum of sty.
en days prior tc> the
","I.rna-
nt~M::d
ea=a-
t:~y... aWJ::l=d:~
\:lie' ........ will need a ra.
perta nlng t=~'=
therefore. may need to
.sr~.lijl.z
..~~~. t~I~~ I
!9..ML SF COVN TY I
~imlR. ~'UNT-Y.
FLQRlDA .
FRANK HALAS, CHAIR.
MAN .
DWIGHT E. BROCK,
CLERK
~cl':teae I.)l/llU"d, 0eJI.
(SEAL)
Nov. 12 No. 1467711
Page 1 of 1
Ann P. Jennejohn
From: Patricia L. Morgan
Sent: Friday, December 01, 2006 3:37 PM
To: Ann P. Jennejohn
Subject: FW: PUDA-06-AR-9576 Homes of Islandia & PUDZ-A-06-AR-9021 LASIP Conservation CFPUD
pfease maRs a copy to go in eacfi of tfiese advertised pu6lic fiearings'fifes. 'I'Fian/?j.
From: ZoneMelissa [mailto:MelissaZone@colliergov.net]
Sent: Monday, November 27,20064:51 PM
To: Minutes and Records
Subject: FW: PUDA-06-AR-9576 Homes of Islandia & PUDZ-A-06-AR-9021 LASIP Conservation CFPUD
This email is to inform everyone that petitioner Michael Fernandez is requesting a continuance for companion items, PUDA-06-
AR-9576 Homes of Islandia & PUDZ-A-06-AR-9021 LASIP Conservation CFPUD. The petitions are scheduled for the November
28,2006 hearing to the December 12, 2006 BCC hearing.
Melissa Zone
Principal Planner
Department of Zoning & land Development Review
2800 N. Horseshoe Dr.
Naples, Fl 33104
239-213-2958
12/1/2006
Page 1 of 1
Ann P. Jennejohn
8D
From: ZoneMelissa [MelissaZone@colliergov.net]
Sent: Wednesday, December 06,20064:15 PM
To: Minutes and Records
Subject: FW: Homes of Islandia (PUDA-2006-AR-9576)
The applicant for PUDA-2006-AR-9576 Homes of Islandia has requested a continuance for the public hearing schedule for
December 12, 2006 of the Board of County Commissioners. This is a companion item and I have spoken to the agent Fred Reischl
for the county as well as Trinity Caudil-Scott in Transportation and they agreed that their companion item should also be
continued. That petition is PUDZ-A-2006-AR-9021 LASIP.
As soon as a new hearing date has been determined I will contact everyone.
Thank you
Melissa Zone
Principal Planner
Department of Zoning & Land Development Review
2800 N. Horseshoe Dr.
Naples, FL 33104
239-213-2958
From: Susan Fariz [mailto:pdismf@aol.com]
Sent: Wednesday, December 06, 2006 2:46 PM
To: ZoneMelissa; bellows_r; brock_m; CarrelDanelle; filson_s; johnson_c; martin_c; 'minutes and records'; phillips_s; SandersBob
Cc: 'Fred Reischl'; wiley_r; kurtz_g; GianfrancoNicolaci; PDIMRF@aol.com; PDITFF@aol.com
Subject: Homes of Islandia (PUDA-2006-AR-9576)
Good afternoon, all.
Please find enclosed our form to request continuance for the Homes of Islandia PUDA Amendment (PUDA-06-AR-9576). This
petition is currently scheduled for the December 12, 2006 BCC meeting.
Thank you.
Sincerely yours,
Susan M. Fariz
Project Coordinator
PLANNING DEVELOPMENT INCORPORATED
Development Consultants, Civil Engineers, Planners and Landscape Architects
5133 Castello Drive, Naples, Florida 34103
P 239.263.6934
F 239.263.6981
12/6/2006
December 19,2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: PUDZ-A-2006-AR-9021; LASIP Conservation Area (CFPUD)
Dear Legals:
Please advertise the above referenced notice on Sunday, January 7, 2007, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
P.O.lAccount # 113-138312-649110
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, JANUARY 23, 2007, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE
CLUB ESTATES PUD TO LELY AREA STORMWATER IMPROVEMENT PROJECT
(LASIP) CONSERVATION AREA COMMUNITY FACILITIES PLANNED UNIT
DEVELOPMENT (CFPUD). THE SITE IS FOR PERSERVE, WATER MANAGEMENT
AND PASSIVE RECREATIONAL USES FOR PROPERTY LOCATED ON THE WEST
SIDE OF COLLIER BOULEVARD (CR 951), SOUTH OF CLUB ESTATES DRIVE
AND NORTH OF NAPLES LAKES COUNTRY CLUB, IN SECTION 15, TOWNSHIP
50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
99.3 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-31,
THE FORMER CLUB ESTATES PUD; AND BY PROVIDING AN EFFECTIVE DATE.
Petition PUDZ-A-2006-AR-9021, Collier County Transportation Division,
represented by Fred Reischl, AICP, of Agnoli, Barber & Brundage,
requesting a PUD to PUD Rezone to amend 99.3 acres from The Club
Estates PUD to LASIP Conservation Area Community Facilities Planned
Unit Development (CFPUD). The site is currently covered by a
conservation easement and is proposed to be amended for preserve,
water management and passive recreational uses. The subject property
is located on the west side of Collier Boulevard, south of Club
Estates Drive and north of Naples Lakes County Club, in Section 9,
Township 50 South, Range 26 East, Collier County, Florida. (Companion
to PUDA-2006-AR-9576)
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda
item to be addressed. Individual speakers will be limited to 5
minutes on any item. The selection of an individual to speak on
behalf of an organization or group is encouraged. If recognized by
88
the Chairmanr a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any caser written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and thereforer may need
to ensure that a verbatim record of the proceedings is mader which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTYr FLORIDA
JAMES COLETTAr CHAIRMAN
DWIGHT E. BROCKr CLERK
By: Teresa Dillard, Deputy Clerk
( SEAL)
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
December 19, 2006
Collier County Transportation Div.
2885 Horseshoe Drive
Naples, FL 34104
Re: Notice of Public Hearing to consider Petition
PUDZ-A-2006-AR-9021; LASIP Conservation Area (CFPUD)
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 23,2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 7, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
oJJw..8L~LLJ ~C
'Teresa DIllard,
Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.clerk.collier.n.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.n.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
8B
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
December 19, 2006
Agnoli, Barber & Brundage, Inc.
7400 Tamiami Trail North
Fred Reischl, AICP
Naples, FL 34108
Re: Notice of Public Hearing to consider Petition
PUDZ-A-2006-AR-9021; LASIP Conservation Area (CFPUD)
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 23,2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 7,2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
r\ iJ. /~-(
\\~O,
\ Teresa Dillard,
Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.n.us
Fax-(239)775-2755
Email-collierclerk@clerk.collier.n.us
'V~...l_..... 'lI
Teresa L. Dillard
To:
Subject:
legals@naplesnews.com
PUDZ-A-2006-AR-9021
Attachments:
PUDZ-A-2006-AR-9021.doc; PUDZ-A-2006-AR-9021.doc
Legals,
Please advertise the following on Sunday January 7,2007. Any questions, please contact me.
Thanks
~
PUDZ-A-2006-AR-9 PUDZ-A-2006-AR-9
021.doc (27 KB... 021.doc (29 KB...
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. D illard@clerk.collier.fl.us)
1
Teresa L. Dillard
8B
From:
Sent:
To:
Subject:
ClerkPostmaster
Tuesday, December 19, 2006 10:33 AM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
ATT1270498.txt; PUDZ-A-2006-AR-9021
~
~
ATT1270498.txt PUDZ-A-2006-AR-9
(231 B) 021
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Teresa L. Dillard
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Tuesday, December 19, 2006 10:33 AM
Teresa L. Dillard
Delivered: PUDZ-A-2006-AR-9021
Attachments:
PUDZ-A-2006-AR-9021
~,',
U
PUDZ-A-2006-AR-9
021
<<PUDZ-A-2006-AR-9021>> Your message
To: legals@naplesnews.com
Subject: PUDZ-A-2006-AR-9021
Sent: Tue, 19 Dec 2006 10:32:25 -0500
was delivered to the following recipient(s):
legals, NDN on Tue, 19 Dec 2006 10:32:38 -0500
1
PUDZ-A-2006-AR-9021
Teresa L. Dillard
From:
Sent:
To:
Perrell, Pam [paperrell@naplesnews.com]
Tuesday, December 19, 2006 10:43 AM
Teresa L. Dillard
Subject: RE: PUDZ-A-2006-AR-9021
OK
Page 1 of 1
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.fl.us]
Sent: Tuesday, December 19, 2006 10:32 AM
To: legals@naplesnews.com
Subject: PUDZ-A-2006-AR-9021
Legals,
Please advertise the following on Sunday January 7,2007. Any questions, please contact me.
Thanks
<<PUDZ-A-2006-AR-9021.doc>> <<PUDZ-A-2006-AR-9021.doc>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Dillard@clerk.collier.fl.us)
12/1912006
NAPLES DAILY NEWS
Published Daily
Naples. FL 34102
Affidavit of Pu blication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared B. Lamb, who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising. being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time in the issue
on January 7th
2007
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County. Florida, and that the said
newspaper has heretoforc been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
cach day and has bccn entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of 1
year next preccding the firsl 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 rcfund for the purpose of securing this advertisement for
publication in the said newspaper.
IJ ,/(
( Signature of affiant)
Sworn to and subscribed before me
This 7 day of January, 2007
~:J;;s:, (\c~
(Signature of notary public)
FEI 59-2578327
r'.:,:~~~r~;;~;~~t~; ur FiOIW;-I'
11 ..~, ,1-. -~)iJSa~l (:J :-:-'r')r;
r, 1:1' C . .., , .,' ,
:1 ~-:; ~flO :Ay IJor~r"SSIUli OU38?729
~". ", ~~.~,Q. ",.,",t::.PI~~S.::..:/~20!g_."=_--.J
8B
a.
=1;1
utes to
Item.
Persons wlthlng,to have
written or OJ:aphlc: ma.
terlals InCluded In the
Board agelldapackets
must submit said ma-
terlala minimum of 3
weeks prior to the reo
SPectlve public lteariftg.
In any ~. written ma.
terlals Intended to be
considered by the Board
shall be submitted' to
the appropriate County
staff~mln m v-
e'ld CI 0
public e '!'If. All ma.
terlal used In presenta.
tlons before the, Board
will become a ~rma-
nent pertoftlle record.
Any Pel'$Oll who d8cldes
to j;iPMI aclecl$lon of
the Wl=need . reo
cord 0 the llllll!
pertalnlno , e",eto and
tha,rafo'l", may ",need"",t, 0
ansur, " ~t1m
rac,o" tel' '," 'E," ",'" '"
IIlGl I, ra.
cotCl '"testl.
monya vhf.nca
~~ eam>eal
B OUte> f'tOu NTY
g'b'tt',lW, ,~, ,!, U N,TY ,j'
FL~"
JAMR. ~.ETTAtCHAIR- ,
MAN " ' , ' '
DWtGHJ E. IIRO,OK.
CLERK, '
By:' Teresa Dillard. Dep.
Uty Clerk '
(SEAL)
J~. 7 No. ,~:
"A", PUD Master Plan. There shall be one land use tract, the general
configuration of which is also illustrated by Exhibit "A"
TRACT "C"
TYPE
Conservation
ACREAGE
99.3 ACRES
2-2
SECTION III
.:.,. I
CONSERVATION AREA
3.1 PURPOSE
The purpose of this Section is to restore, protect, and preserve the native
vegetative communities and wildlife habitat; and to allow passive enjoyment
by the citizens of and visitors to Collier County.
3.2 PERMITTED USES
As stated in the Conservation Designation of the FLUE of the GMP, passive
recreational uses are permitted. The future land use designation of this
CFPUD is Conservation.
A. Principal Uses:
1. Restoration, protection and preservation of native vegetative
communities and wildlife habitat.
2. Stormwater management.
B. Accessory Uses:
1. Passive recreational uses, subject to the issuance of permits by the
South Florida Water Management District and the US Army Corps of
Engineers, and limited to the following:
i. Nature Trail - A trail at grade.
ii. Observation Deck - A maximum of 400 square feet in area.
iii. Signage - One entrance sign: a minimum of 2 feet by 3 feet in size;
interpretive sign(s): 3 feet by 4 feet in size; rules signs: a maximum
of 3 feet by 4 feet in size.
iv. Parking Areas - Five parking spaces, each measuring 12 feet by 20
feet, including one handicap space; constructed of crushed shell,
geotextile pervious fabric or a combination thereof; bicycle rack and
trash cans.
v. One Picnic Pavilion - A maximum of 400 square feet in area with
one picnic table, 6 feet in length.
C. Other uses deemed comparable with the foregoing uses and compatible
with surrounding properties as determined by the Board of Zoning
Appeals pursuant to the process set forth in the LDC.
3-1
J:{ 8-
i" '.'
""""
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments
for the use of the project.
4.2. GENERAL
All facilities shall be constructed in strict accordance with final site
development plans, final subdivision plats and all applicable State and
local laws, codes, and regulations applicable to this CFPUD in effect at
the time the development order permit is sought to which the regulations
relate. The applicant, its successor and assigns shall be responsible for
the commitments outlined in this Document.
The applicant, its successor or assigns shall be bound by the Master Plan
and the regulations of the CFPUD as adopted, and any other conditions
or modifications as may be agreed to in the rezoning of the property.
4.3 ENVIRONMENTAL
An environmental impact statement, in accordance with the
requirements of the LDC, shall be submitted at the time site
improvements are proposed.
4.4 TRANSPORTATION
The applicant shall provide payments for applicable sidewalks and bike
lanes along the western right-of-way of Collier Boulevard (CR 951) and
for modification of the road work plan to provide an access point along
Collier Boulevard (CR 951) prior to completion ofthe six-lane widening
of Collier Boulevard (CR 951).
4-1
C " ~
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October 27,2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: PUDZ-A-2006-AR-9021; LASIP Conservation Area(CFPUD)
Dear Legals:
Please advertise the above referenced notice on Sunday, November 12,2006, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
P.O.lAccount # 113-138312-649110
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, NOVEMBER 28, 2006, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE
CLUB ESTATES PUD TO LELY AREA STORMWATER IMPROVEMENT PROJECT
(LASIP) CONSERVATION AREA COMMUNITY FACILITIES PLANNED UNIT
DEVELOPMENT (CFPUD). THE SITE IS FOR PERSERVE, WATER MANAGEMENT
AND PASSIVE RECREATIONAL USES FOR PROPERTY LOCATED ON THE WEST
SIDE OF COLLIER BOULEVARD (CR 951), SOUTH OF CLUB ESTATES DRIVE
AND NORTH OF NAPLES LAKES COUNTRY CLUB, IN SECTION 15, TOWNSHIP
50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
99.3 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-31,
THE FORMER CLUB ESTATES PUD; AND BY PROVIDING AN EFFECTIVE DATE.
petition PUDZ-A-2006-AR-9021, Collier County Transportation Division,
represented by Fred Reischl, AICP, of Agnoli, Barber & Brundage,
requesting a PUD to PUD Rezone to amend 99.3 acres from The Club
Estates PUD to LASIP Conservation Area Community Facilities Planned
Unit Development (CFPUD). The site is currently covered by a
conservation easement and is proposed to be amended for preserve,
water management and passive recreational uses. The subject property
is located on the west side of Collier Boulevard, south of Club
Estates Drive and north of Naples Lakes County Club, in Section 9,
Township 50 South, Range 26 East, Collier County, Florida. (Companion
to PUDA-2006-AR-9576)
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda
item to be addressed. Individual speakers will be limited to 5
minutes on any item. The selection of an individual to speak on
behalf of an organization or group is encouraged. If recognized by
8 B '1
the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Dillard, Deputy Clerk
( SEAL)
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAil... EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 27, 2006
Fred Reischl, AICP
Agnoli, Barber & Brundage, Inc.
7400 Tamiami Trail North
Naples, FL 34108
Re: Notice of Public Hearing to consider Petition
PUDZ-A-2006-AR-9021; LASIP Conservation Area (CFPUD)
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
;- '1 ''-tic~~,1 ~c
l,-~ Dillard,
Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax-(239)775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
f.]
@,,,
U
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 27, 2006
Collier County Transportation Div.
2885 Horseshoe Drive
Naples, FL 34104
Re: Notice of Public Hearing to consider Petition
PUDZ-A-2006-AR-9021; LASIP Conservation Area (CFPUD)
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28,2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
rY-\.-I,.-,.\r:\. \CLC LL,--t ~
Teresa Dillard,
Deputy Clerk
Enclosure
Phone-(239)732-2646 Fax-(239)775-2755
Website- www.clerk.collier.fl.us Email-collierclerk@clerk.collier.fl.us
.>.If1J1t1..
. -j "'..'<1
Teresa L. Dillard
To:
Subject:
legals@naplesnews.com
PUDZ-A-2006-AR-9021
Attachments:
PUDZ-A-2006-AR-9021.doc; PUDZ-A-2006-AR-9021.doc
Legals,
Please advertise the following on Sunday November 12, 2006. Any questions, please contact me.
Thank you.
PUDZ-A-2006-AR-9 PUDZ-A-2006-AR-9
021.doc (27 KB... 021.doc (29 KB...
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa.Dillard@Clerk.collier. fl. us)
1
Teresa L. Dillard
88
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Monday, October 30, 2006 9:40 AM
Teresa L. Dillard
Delivered: PUDZ-A-2006-AR-9021
Attachments:
PUDZ-A-2006-AR-9021
~"/l, .-
L.::.J
PUDZ-A-2006-AR-9
021
<<PUDZ-A-2006-AR-9021>> Your message
To: legals@naplesnews.com
Subject: PUDZ-A-2006-AR-9021
Sent: Man, 30 Oct 2006 09:39:33 -0500
was delivered to the following recipient(s):
legals, NDN on Man, 30 Oct 2006 09:39:41 -0500
1
~
Teresa L. Dillard
From:
Sent:
To:
Subject:
Clerk Postmaster
Monday, October 30,20069:40 AM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
A TT161 01 OO.txt; PUDZ-A-2006-AR-9021
1=:1
~
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'<... ....J
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ATT1610100.txt PUDZ-A-2006-AR-9
(231 B) 021
This
is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
PUDZ-A-2006-AR-9021
Page 1 of 1
Teresa L. Dillard
88
From:
Sent:
To:
Perrell, Pam [paperrell@naplesnews.com]
Monday, October 30,200610:13 AM
Teresa L. Dillard
Subject: RE: PUDZ-A-2006-AR-9021
OK
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collierJl.us]
Sent: Monday, October 30,20069:40 AM
To: legals@naplesnews.com
Subject: PUDZ-A-2006-AR-9021
Legals,
Please advertise the following on Sunday November 12, 2006. Any questions, please contact me.
Thank you.
<<PUDZ-A-2006-AR-9021.doc>> <<PUDZ-A-2006-AR-9021.doc>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Dillard@clerk.collier.fl.us)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
10/3012006
f
88
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should bc hand delivered to the Board Ot11ce. The completed routing slip and original
documents are to be forwarded to the Board Ot11ce only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines # I through #4, comolete the checklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners .~ ;;2' :2dJ'1
6. Minutes and Records Clerk of Court's Office t/
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary, Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing
information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item,
Name of Primary Staff Melissa Zone
Contact
Agenda Date Item was 1/23/2007
A roved by the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Ordinance and RPUD document
Number of Original
Documents Attached
213-2958
8-8
Yes
(Initial)
N/A (Not
A licable)
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman. with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of8CC approval of the
document or the final negotiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are required.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 1'13' (?7 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
/17
I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03,04, Revised ],26,05, Revised 2.24,05
2.
3.
4.
5.
6.
88
ORDINANCE NO. 07-~
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, AS AMENDED, WHICH
INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA, BY AMENDING
THE APPROPRIATE ZONING ATLAS MAP OR MAPS
BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM
THE CLUB ESTATES PUD TO LELY AREA
STORMW A TER IMPROVEMENT PROJECT (LASIP)
CONSERVATION AREA COMMUNITY FACILITIES
PLANNED UNIT DEVELOPMENT (CFPUD). THE
SITE IS FOR PRESERVE, WATER MANAGEMENT
AND PASSIVE RECREATIONAL USES FOR
PROPERTY LOCATED ON THE WEST SIDE OF
COLLIER BOULEVARD (951), SOUTH OF CLUB
ESTATES DRIVE AND NORTH OF NAPLES LAKES
COUNTRY CLUB, IN SECTION 15, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 99.3 ACRES; PROVIDING
FOR THE REPEAL OF ORDINANCE NUMBER 99-31,
THE FORMER CLUB ESTATES PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Fred Reischl, AICP of Agnoli, Barber & Brundage, Inc., representing the
Collier County Transportation Division, petitioned the Board of County Commissioners to
change the zoning classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 15,
Township 50 South, Range 26 East, Collier County, Florida, is changed from The Club Estates
PUD to LASIP Conservation Area Community Facilities Planned Unit Development (CFPUD),
in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated
herein and by reference made part hereof. The appropriate zoning atlas map or maps, as
described in Ordinance Number 04-41, as amended, the Collier County Land Development
Code, as amended, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 99-31, known as The Club Estates PUD, adopted on May 11, 1999,
by the Board of County Commissioners of Collier County, is hereby repealed in its entirety.
Page 1 of 2
8a
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Commissioners of Collier County, Florida, on this ~ day of 3ilJl "J?rY2..j , 2007.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~~
Jd~
.. :!~~'~~.~R Ileputy Clerk
~ 1 01)" tilt i"~I/1J.t\h. ..:.,;
: " ":, ..' . .' ,....
APP~9Yy4:\ai~ form and
legal su:Iflciency
BY:
JAMES COLETTA, CHAIRMAN
~ ~JJr~
n"- 1Y). ,..-- '0
Marjo 'e M. Student-Stirling
Assistant County Attorney
PUDZ.A-20Q6-AR-9021IMZ
Item #
1s'6
Ag:,nda \ 123 ~ "1
U~?(e ~T
Page 2 of 2
i.
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i
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Dt';::e
88
LASIP CONSERV A TION AREA
A
COMMUNITY FACILITIES
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE LASIP
CONSERVATION AREA, A COMMUNITY FACILITIES PLANNED UNIT
DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLIER COUNTY LAND
DEVELOPMENT CODE
PREPARED FOR:
COLLIER COUNTY TRANSPORTATION SERVICES DIVISION
2885 SOUTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
PREPARED BY:
AGNOLI, BARBER & BRUNDAGE, INe.
7400 NORTH T AMIAMI TRAIL
NAPLES, FL 34108
DATE REVIEWD BY CCPC
DATE APPROVED BY Bec 1-23-2007
ORDINANCE NUMBER 2007-05
AMENDMENTS AND REPEAL 99-31
EXHIBIT "A"
T ABLE OF CONTENTS
LIST OF EXIllBITS AND TABLE
STATEMENT OF COMPLIANCE
SECTION 1
SECTION 2
SECTION 3
SECTION 4
PROPERTY OWNERSHIP & DESCRIPTION
PROJECT DEVELOPMENT
CONSERVATION AREA
DEVELOPMENT COMMITMENTS
8a
PAGE
11
111
1- 1
2 - 1
3 - 1
4 - 1
8B
LIST OF EXHIBITS AND TABLES
EXHIBIT "A" PUD Master Plan
EXHIBIT "B" Location Map
EXHIBIT "C" Boundary Survey
ii
Bp
STATEMENT OF COMPLIANCE
The use of approximately 99.3 acres of property in Collier County, as a
Community Facilities Planned Unit Development (CFPUD) to be known as
the LASIP Conservation Area CFPUD will be in compliance with the goals,
objectives and policies of Collier County as set forth in the Growth
Management Plan (GMP). The uses of The LASIP Conservation Area
CFPUD will be consistent with the growth policies, land development
regulations, and applicable comprehensive planning objectives of each of the
elements of the GMP for the following reasons:
1. The subject property is within the Conservation Designation as
identified on the Future Land Use Map (FLUM) as required in Objective
1, Policy 5.1 and Policy 5.3 of the Future Land Use Element (FLUE).
2. The subject property will place no demands upon public facilities and
will add to the public infrastructure, per Objective 2 of the FLUE.
3. The project development is compatible and complementary to existing
and future surrounding land uses as required in Policy 5.4 of the FLUE.
4. Improvements are planned to be in compliance with applicable land
development regulations as set forth in Objective 3 of the FLUE.
5. The project development is planned to incorporate natural systems for
water management in accordance with their natural functions and
capabilities as required by Objective 1.5 of the Drainage Sub-Element of
the Public Facilities Element.
iii
SECTION I
'8B
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of
the property, and to describe the existing conditions of the property
proposed to be developed under the project name of the LASIP
Conservation Area CFPUD.
1.2 LEGAL DESCRIPTION
The subject property, being 99.3 acres, is described as:
Commencing at the northeast comer of Section 15, T50S, R26E, Collier
County, Florida; thence along the North line of said Section 15,
S87037'14"W 100.16 feet to the West right-of-way line of CR-951 for a
PLACE OF BEGINNING; thence along said West of right-of-way line
SOoo51'53"W 892.87 feet; thence S87043'59"W 4870.63 feet to the
West line of said Section 15; thence along said West Section line
NOooI5'23"W 882.49 feet to the Northwest comer of said Section 15;
thence N87037'14"E 4888.46 feet to the place of beginning, containing
99.3 acres more or less.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of Collier County,
a political subdivision of the State of Florida, 3301 Tamiami Trail East,
Naples, FL 34112-3969
1-1
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the
respective land uses of the tracts included in the project, as well as other
project relationships.
2.2 GENERAL
A. Regulations for development of the LASIP Conservation Area
CFPUD shall be in accordance with the contents of this
Document, PUD-Planned Unit Development District and other
applicable sections and parts of the LDC and GMP in effect at the
time of building permit application. Where these regulations fail
to provide developmental standards then the provisions of the
most similar district in the LDC shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the
same as the definitions set forth in the LDC in effect at the time of
building permit application.
C. All conditions imposed and all graphic material presented
depicting restrictions for the development of the LASIP
Conservation Area CFPUD shall become part of the regulations
that govern the manner in which the CFPUD site may be used.
D. Unless modified, waived or excepted by this CFPUD, other
provisions of the LDC, where applicable, remain in full force and
effect with respect to the use of the land which comprises this
CFPUD.
E. Uses permitted by the approval of this petition will be subject to a
concurrency review for adequate public facilities.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, is illustrated graphically by Exhibit
2-1
88
\
"A", PUD Master Plan. There shall be one land use tract, the general
configuration of which is also illustrated by Exhibit "A"
TRACT "C"
TYPE
Conservation
ACREAGE
99.3 ACRES
2-2
\
8e
SECTION III
Sti
CONSERVATION AREA
3.1 PURPOSE
The purpose of this Section is to restore, protect, and preserve the native
vegetative communities and wildlife habitat; and to allow passive enjoyment
by the citizens of and visitors to Collier County.
3.2 PERMITTED USES
As stated in the Conservation Designation of the FLUE of the GMP, passive
recreational uses are permitted. The future land use designation of this
CFPUD is Conservation.
A. Principal Uses:
1. Restoration, protection and preservation of native vegetative
communities and wildlife habitat.
2. Stormwater management.
B. Accessory Uses:
1. Passive recreational uses, subject to the issuance of permits by the
South Florida Water Management District and the US Army Corps of
Engineers, and limited to the following:
i. Nature Trail - A trail at grade, set back a minimum of 50 feet from
the north, south and west property lines.
ii. Observation Deck - A maximum of 400 square feet in area.
iii. Signage - One entrance sign: a minimum of 2 feet by 3 feet in size;
interpretive sign(s): 3 feet by 4 feet in size; rules signs: a maximum
of 3 feet by 4 feet in size.
iv. Parking Areas - Five parking spaces, each measuring 12 feet by 20
feet, including one handicap space; constructed of crushed shell,
geotextile pervious fabric or a combination thereof; bicycle rack and
trash cans.
v. One Picnic Pavilion - A maximum of 400 square feet in area with
one picnic table, 6 feet in length.
C. Other uses deemed comparable with the foregoing uses and compatible
with surrounding properties as determined by the Board of Zoning
Appeals pursuant to the process set forth in the LDC.
\
3-1
8.0
u
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments
for the use of the project.
4.2. GENERAL
All facilities shall be constructed in strict accordance with final site
development plans, final subdivision plats and all applicable State and
local laws, codes, and regulations applicable to this CFPUD in effect at
the time the development order permit is sought to which the regulations
relate. The applicant, its successor and assigns shall be responsible for
the commitments outlined in this Document.
The applicant, its successor or assigns shall be bound by the Master Plan
and the regulations of the CFPUD as adopted, and any other conditions
or modifications as may be agreed to in the rezoning of the property.
4.3 ENVIRONMENT AL
An environmental impact statement, in accordance with the
requirements of the LDC, shall be submitted at the time site
improvements are proposed.
4.4 TRANSPORT A TION
The applicant shall provide payments for applicable sidewalks and bike
lanes along the western right-of-way of Collier Boulevard (CR 951) and
for modification of the road work plan to provide an access point along
Collier Boulevard (CR 951) prior to completion of the six-lane widening
of Collier Boulevard (CR 951).
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-... ..ug MA
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-05
Which was adopted by the Board of County Commissioners
on the 23rd day of January, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of February, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk i:
Ex-officio to Board of /.
County Commissioners '...
a.u.u. ~> GeL;
By: Ann Jennejohn,
Deputy Clerk
OR
(,,~,' I ''''"
.~ :",,~
..:
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
BE
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement
(Display Adv., 10catioIl, etc.)
Other:
Originating Dept/ Div: Comm.Dev.Serv. Planning Person: Michael J. DeRuntz
....:;~~~~.....
******************************************************************
Petition No. (If none, give brief description): PUDA-2005-AR-78 1 8, Pine View CPUD
Petitiooer: (Name & Address): TUn Hancock, Dav;dson Engmeermg, 2154 Trade Center Way, #3. Naples. Fl. 34109
Name & Address of any person(s} to be ""titied by Clerl<s OWc" (If more space is oeeded, attacb sep"'ate sbeet) Freeland & Schuh. Inc.,
1229 Airport Rd. N., Naples, Fl. 34104-6116; Ricbard C. Myers. Trustee. 12888 Bald Cypress Lane, Naples. F1. 34119
Requested Hearing date:
BZA Other
~a~/01
I
Based on advertisement appearing 15 days before hearing.
Hearing before BCC
Newspaper(s) to be used: (Complete only if important):
xxx Naples Daily News
Proposed Text: (Include legal descriptiou & common locatioo & Size): Petition: PUDA-2005-AR-7818, Freeland and Schuh, Inc.,
represeoted hy Tim Hancock, of Talon Management, are request;ng ao ameodmeot to the Plnc View Pun to permit automotive sales
within the PUD and mcre",e the allowable buildmg height hom 35' to 45'. The projeet will provide a driveway cooneetion between the
Pme Ridge Center East and West PUD's and Whippoorwill Lane. The property. coosisting of 15.58 acres. is located on the soutbwest
wrner of Pine Ridge Road and Wbippoorwnt Lane, m Sectioo 18, T ownsbip 49 South, Raoge 26 East, Collier County, Flodda.
Other
Legally Required
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
113-138312-649110
No If Yes, what account should be charged for advertising costs:
Approved by:
Reviewed by:
J l/20 / c11:.
Date
~ Lfh .~/PLU
Department Head
County Manager
Date
List Attachments:
A. For bearings belore BCC or BZA: Initiating person to complete one coPY aud obtain Div;.;nn Head apprnval belor
submitting to County Manager. Note: If legal document is involved, be sure that any neeessary legal review, or request f'
same,;' snbmitted to County Attorney hefore suhmittlng to County Manager. Tbe Manager's oll;ce will d;.tr;bute copies:
DISTRIBUTION INSTRUCTIONS
B. Other bear;ngso In;tiatiog Division bead to approve and submit or;ginal to Clerk's Oftice, retaming a copy for file.
County Manager agenda file: to Requesting Division
Original Clerk's Office
......................................................................................................
FOR CLERK'S OFFICE USE ONLY:
Date Received: ~\'\C)p Date of Public hearmg: lldO[C':\- Date Advert;sed: ilib'1
,
/
--,'1ft
ORDINANCE NO. 07-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
APPROPRIA TE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "PUD"
TO "CPUD" COMMERCIAL PLANNED UNIT
DEVELOPMENT KNOWN AS THE PINE VIEW CPUD
AND LOCATED ON THE SOUTHWEST CORNER OF
PINE RIDGE ROAD (CR. 896) AND WHIPPOORWILL
LANE, IN SECTION 18, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 15.58 ACRES; PROVIDING FOR THE
REPEAL OF ORDINANCE NUMBER 00-45, THE
FORMER PINE VIEW PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Freeland & Schuh, Inc., represented by Tim Hancock of Davidson
Engineering, petitioned the Board of County Commissioners to change the zoning classification
of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the subject property located in Section 18, Township 49
South, Range 26 East, Collier County, Florida, is changed from a PUD Zoning District to a
Commercial Plmmed Unit Development (CPUD) District for a project to be known as the Pine
View Commercial Planned Unit Development (CPUD) in accordance with the CPUD Document,
attached hereto as Exhibit "A," and incorporated by reference herein. The appropriate zoning
atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County
Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 00-45, known as the Pine View PUD, adopted on June 27, 2000, by
the Board of County Commissioners of Collier County, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Florida Department of State.
Page 1 of2
BE
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this _ day of
,2007.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
, CHAIRMAN
Approved as to form and
legal sufficiency
/"ff't#[Y Marjorie M. Student-Stirling
Assistant County Attorney
PUDA-2005-AR-7818/MD/sp
Page 2 of2
.'
.
Pine View
A
Commercial Planned Unit Development
Regulations and supporting master plan governing the Pine View PUD, a planned unit
development pursuant to provisions of the Collier County Land Development Code
Prepared for:
Freeland and Schuh, Inc.
1229 Airport Pulling Road North
Naples, FL 34104-6116
Prepared by:
Tim Hancock
Davidson Engineering, Inc.
2154 Trade Center Way, Suite 3
Naples, FL 34109
239-597 -3916
DATE REVIEWED BY CCPC:
DATE APPROVED BY THE BCC: 6/27/00
ORDINANCE NUMBER: 2000-45
AMENDMENTS AND REPEAL:
EXHIBIT "A"
TABLE OF CONTENTS
List of Exhibits and Tables
Page
3
Statement of Compliance and Short Title
Section I
Section II
Section III
Section IV
4
Property Ownership and Description
5
Project Development
7
Commercial Areas Plan
9
General Development Commitments
12
2
BE
LIST OF EXHIBITS AND TABLES
EXHIBIT A:
EXHIBIT B:
EXHIBIT C:
CPUD Master Plan
Boundary Survey
Sidewalk Exhibit
3
2"\1 l'=aa I .
at i
STATEMENT OF COMPLIANCE AND SHORT TITLE
The Pine View Commercial Planned Unit Development (CPUD) consists of +/- 15.15
acres of land situated at the Southwest corner of the intersection of Pine Ridge Road
and Whippoorwill Lane in Collier County, Florida
The development of this project will be in compliance with the planning goals and
objectives of Collier County as set for the in the Growth Management Plan. This
compliance includes:
1. The entirety of the parcel is located within the Pine Ridge / 1-75 Interchange
Activity Center, referred to as Activity Center #10 in the Growth Management Plan.
2. Activity Centers are the preferred locations for the concentration of commercial
uses. The project is allowed to request a full array of commercial and retail uses
consistent with the Growth Management Plan and the Land Development Code.
3. The project location, immediately Southwest of the intersection of Whippoorwill
Lane and Pine Ridge Road will allow for primary access via a signalized intersection.
4. The project complies with the Collier County Growth Management Plan including
the exclusion of Industrial uses in this particular Activity Center.
5. The project will be served by and approved by the Utilities Division.
6. The project, as proposed, is compatible with adjacent land uses and includes
adequate buffering where dissimilar land uses are located adjacent to each other.
7. Access will be provided to the Pine Ridge Center East PUD contingent upon
appropriate cross access easements being recorded.
8. All final local development orders for this project are subject to the Adequate
Public Facilities Ordinance.
SHORT TITLE
This Ordinance shall be known and cited as the "Pine View Commercial Planned Unit
Development Ordinance."
4
r', r-
dt
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property and to describe the existing conditions of the property to be developed under
the project name of "Pine View."
1.2 LEGAL DESCRIPTION
The subject property being +/- 15.15 acres, is described as:
THE EAST 1'2 OF THE NORTHEAST 1;4 OF THE NORTHWEST 1;4 OF SECTION
18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY FLORIDA;
LESS AND EXCEPT THAT PORTION OF PROPERTY DESCRIBED AS PARCEL NO.
120 IN STIPULATED FINAL JUDGEMENT RECORDED IN OFFICIAL RECORDS
BOOK 1018, PAGE 159, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA;
AND LESS AND EXCEPT THAT PORTION OF PROPERTY DESCRIBED AS PARCEL
NO. 123 IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 2660,
PAGE 3375, OF THE PUBLIC RECORD OF COLLIER COUNTY, FLORIDA;
STIPULATED FINAL JUDGEMENT RECORDED IN OFFICIAL RECORDS BOOK 3488,
PAGE 93, OF SAID PUBLIC RECORDS.
AND LESS AND EXCEPT THAT PORTION OF PROPERTY KNOWN AS
WHIPPOORWILL LANE AS DESCRIBED IN QUITCLAIM DEED RECORDED IN
OFFICIAL RECORDS BOOK 3308, PAGE 3195, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA;
AND LESS AND EXCEPT THE SOUTH 60 FEET OF THE EAST ~ OF THE
NORTHEAST % OF THE NORTHWEST % OF SECTION 18, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of:
Freeland and Schuh, Inc.
1229 Airport Road North
Naples, FL 34104-6116
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
5
BE
a. The project site is located in Section 18, Township 49 South, Range 26
East, more commonly known as immediately South and West of the intersection of Pine
Ridge Road and Whippoorwill Lane in Collier County, Florida.
b. The zoning classification of the subject property is, Commercial Planned
Unit Development (CPUD).
1.5 PHYSICAL DESCRIPTION
The project site is located within the Gordon River Basin. Flows reach the Gordon River
via the 1-75 canal and the Golden Gate Main canals. Water Management facilities for
the proposed project are planned to be of the lake retention or dry detention type.
Elevations within the project site generally range from 10.5 to 11.5 feet above mean sea
level. Based on preliminary site borings, the depth to bedrock in the area varies from
some 8.5 feet to more than 11.5 feet. The entire site is in Flood Zone X according to
Firm Panel 102267 04250.
Based on review of a 1975 aerial photograph, it appears that the northern approximately
1/3 of the site has been historically cleared, and disturbed by agricultural activities. This
area consists of disturbed dry prairie and shrub and brush lands, with remnant farm
furrows and ridges running through it. It also contains exotic vegetation (Brazilian
pepper, earleaf acacia, and java plum) and nuisance ruderal species (dog fennel,
ragweed, and Spanish needles). The southern approximately 2/3 of the site is
predominantly native pine/palmetto flatwoods of good quality with some hydric pine.
There is one 1.5 acre jurisdictional wetland area on the site. Two abandoned gopher
tortoise burrows also currently exist on the site. Other land uses include a cleared strip
of land previously provided for temporary access to the parcel to the south, disturbed
previously cleared areas along the eastern property boundary, and an "L" shaped ditch
with associated berms and drainage ditches. The soil types on the site include Oldsmar
Fine sand.
1.6 PROJECT DESCRIPTION
The project will consist of +/- 15.15 acres of commercial and/or professional office
development. The site plan has been configured to take advantage of the location within
an existing Interchange Activity Center and to maintain market flexibility for future
development. The plan allows for either a single use development or multiple uses on
the property.
6
BE
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project
plan of development, relationships to applicable County ordinances, the respective land
uses of the tracts included in the project, as well as other project relationships.
2.2 GENERAL
a. Regulations for development of Pine View shall be in accordance with the
contents of this Document, CPUD - Commercial Planned Unit Development District and
other applicable sections and parts of the Land Development Code and Growth
Management Plan in effect at the time of building permit application. Where these
regulations fail to provide developmental standards, then the provisions of the most
similar district in the Land Development Code shall apply.
b. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in Land Development Code in effect at the time of building permit
application.
c. All conditions imposed and all graphic material presented depicting
restrictions for the development of Pine View shall become part of the regulations, which
govern the manner in which the CPUD site may be developed.
d. Unless modified, waived or excepted by this CPUD, the provisions of
other sections of the Land Development Code where applicable, remain in full force and
effect with respect to the development of the land which comprises this CPUD.
e. Development permitted by the approval of this Petition will be subject to a
concurrency review under the provisions of the Adequate Public Facilities Ordinance.
f. The petitioner's property is located outside an area of
historic/archaeological probability as designated on the official Collier County Probability
Map. Therefore, no historic/archaeological survey and assessment is required.
Pursuant to the Land Development Code, if during the course of site clearing, excavation
or other construction activity, an historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Code Enforcement Department contacted.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
a. The project development plan, including layout of streets and use of land
for the various tracts, is illustrated graphically by Exhibit "A", CPUD Master Plan.
Necessary water management lakes or detention areas and the general configuration of
street rights-of-way, are also illustrated by the CPUD Master Plan.
7
BE
DEVELOPABLE AREA
PRESERVE AREA
WATER MANAG EMENT
PERPETUAL USE EASEMENT
12.58 acres
1 .1 6 acres
.83 acres
.58 acres
Total:
15.15 acres
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
a. Prior to the recording of a record plat, and/or condominium plat for all or
part of the PUD final plans of all required improvements shall receive approval by the
appropriate Collier County governmental agency to ensure compliance with the CPUD
Master Plan, the Subdivision Code, and the platting laws of the State of Florida.
b. Exhibit "A", CPUD Master Plan, constitutes the required CPUD
Development Plan. Subsequent to or concurrent with CPUD approval, a preliminary
subdivision plat, if applicable, shall be submitted for the entire area covered by the
CPUD Master Plan. Any division of property and the development of the land shall be in
compliance with Land Development Code, and the platting laws of the State of Florida.
c. The provisions of the Land Development Code, when applicable, shall
apply to the development of all platted tracts or parcels of land, as provided in the Land
Development Code, prior to the issuance of a building permit or other development
order.
d. Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications and methods for providing perpetual
maintenance of common facilities.
2.5 AMENDMENTS TO CPUD DOCUMENT OR CPUD MASTER PLAN
Amendments may be made to the CPUD in accordance with Land Development
Code.
2.6 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
MAINTENANCE
Whenever the developer elects to create land area and/or recreation amenities
whose ownership and maintenance responsibility is a common interest to all of the
subsequent purchasers of property within said development in which the common
interest is located, that developer entity shall provide appropriate legal instruments for
the establishment of a property owners' association whose function shall include
provisions for the perpetual care and maintenance of all common facilities and open
spaces, subject further to the provisions of the Collier County Land Development Code.
8
BE
, :
SECITON III
COMMERCIAL AREAS PLAN
3.1.1 PURPOSE
The purpose of this Section is to identify the type of Commercial Uses and
development standards that will be applied the project.
3.2 DEVELOPMENT EMPHASIS
The subject property is wholly contained within Activity Center #10, as identified
in the Growth Management Plan. Whippoorwill Lane and an automobile service station
with convenience store border it on the East. The Western property line borders the
Pine Ridge Center East PUD, which is joined via future access connection to the Pine
Ride Center West PUD. Both PUDs contain uses ranging in intensity from C-1 to C-4
zoning as contained in the Land Development Code. The subject property is permitted a
full array of commercial uses as indicated in the Growth Management Plan, and as such,
this Document and the uses contained herein are consistent with the Growth
Management Plan.
3.3 USES PERMITTED
No building or structures or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
a. Permitted Uses
1. Amusements and recreation services, indoor (groups 7911-7941,
7991-7993,7997,7999).
2. Apparel and accessory stores (groups 5611-5699).
3. Auto and home supply stores (group 5531).
4. Automotive repair, services, parking (groups 7514, 7515, 7521).
5. Building materials, hardware and garden supplies (groups 5231-
5261 ).
6. Business services (groups 7311-7352, 7359 except airplane,
industrial truck, portable toilet and oil field equipment renting and
leasing, 7361-7397 except armored car and dog rental, 7384,
7389 except auctioneering, bronzing, field warehousing, salvaging
and damaged merchandise).
7. Commercial printing (group 2752, excluding daily newspapers).
8. Communications (groups 4812-4841) except communication
towers.
9. Eating and drinking establishments (groups 5812, 5813) excluding
bottle clubs. All establishments engaged in the retail sale of
alcoholic beverages for on-premise consumption are subject to
the location requirements of the Land Development Code.
10. Engineering, accounting, research, management and related
services (groups 8711-8748).
9
BE
11. Food stores (groups 5411-5499).
12. Fueling locations without convenience commercial uses, only
when located with another permitted use. No diesel fuel sales.
13. General merchandise stores (groups 5311-5399).
14. Group care facilities (category I and II, except for homeless
shelters); care units, except for homeless shelters; nursing homes
assisted living facilities pursuant to state statute 400.402 F.S. and
ch.58A-5 F.A.C.; and continuing care retirement communities
pursuant to state statute 651 F.S. and ch.4-193 F.A.C.; and all
subject to the Land Development Code.
15. Health services (groups 8051-8059, 8062-8069, 8071, 8072,
8092-8099).
16. Home furniture, furnishing and equipment stores (groups 5712-
5736)
17. Hotels and motels (groups 7011, 7021, 7041 when located in an
activity center).
18. Miscellaneous repair services (groups 7629-7631).
19. Miscellaneous retail (groups 5912-5963, except pawn shops,
5992-5999).
20. Non-depository credit institutions (groups 6111-6163).
21. Paint, glass and wallpaper stores (group 5231).
22. Personal services (groups 7211, 7212, 7215-7217, 7219,7221-
7251,7261 except crematories, 7291-7299).
23. Public administration (groups 9111-9199, 9229, 9311, 9411-9451,
9511-9532, 9611-9661).
24. Retail nurseries, lawn and garden supply stores (group 5261).
25. Real estate (group 6512).
26. Social services (groups 8322-8399, except for homeless shelters
and soup kitchens).
27. Veterinary services (groups 0742, 0752 excluding outside
kenneling).
28. Videotape rental (group 7841).
29. United States Postal Service (group 4311 except major
distribution centers).
30. Motor vehicle dealers, new and used (groups 5511 and 5521).
31. Automotive repair, services and parking (groups 7514, 7515,
7521, 7542, 7549 and 7532 only in conjunction with use number
5511 or 5521).
32. Any other use that is comparable in nature with the foregoing list
of permitted principal uses, as determined by the Board of Zoning
Appeals ("BZA").
b. Accessory Uses
1. Uses and structures that are accessory and incidental to the uses
permitted as of right in this district.
2. Caretakers' residence, subject to the Land Development Code.
3.4 DEVELOPMENT STANDARDS
10
BE
a.
Minimum Lot Area:
10,000 square feet
b.
Minimum Lot Width:
1 00 feet
c.
Minimum Yard Requirements:
1 . Along Pine Ridge Road:
2. Along Whippoorwill Lane:
3. Along South property line:
4. Along Western property line
25 feet
25 feet
50 feet
25 feet
d.
Minimum Yards (internal):
1. Front Yard:
2. Side Yard:
3. Rear Yard:
4. Waterfront:
5. Preserve (Setback):
1. Accessory Structures:
15 feet
1 0 feet
20 feet
25 feet
25 feet
1 0 feet
e.
Maximum height:
45 feet
f. Minimum floor area: 700 square feet gross floor area on ground floor (for
principal structures). Guardhouses or gatehouses are exempt from this limitation.
g. Minimum off-street parking and off-street loading: As required by the Land
Development Code.
h. Landscaping: As required by the Land Development Code.
I. Lighting: Lighting shall be located so that no light is aimed directly toward
a property designated residential nor shall lighting be located within 200 feet of
residential property.
J. Signs: Project signage will comply with the Land Development Code.
k. Architectural and site design standards. All commercial buildings and
projects shall be subject to the provisions of the Land Development Code.
I. Off-site removal of earthen material: The excavation and stockpiling of
earthen material in preparation of water management facilities or to otherwise develop
water bodies is hereby permitted. If a surplus of earthen material exists, that its off-site
disposal is also hereby permitted, subject to the following conditions:
1 . Excavation activities shall comply with the definition of a
"development excavation" pursuant to the Code of Laws and Ordinances, whereby off-
site removal shall be limited to 10% of the total, up to a maximum of 20,000 cubic yards.
2. All other provisions of the Land Development Code are applicable.
11
8E
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
4.2 GENERAL
All facilities shall be constructed in strict accordance with final site development
plans, final subdivision plats and all applicable State and local laws, codes and
regulations applicable to this CPUD. Except where specifically noted or stated
otherwise, the standards and specifications of the Land Development Code shall apply
to this project even if the land within the CPUD is not to be platted. The developer, his
successor and assigns, shall be responsible for the commitments outlined in this
Document.
The developer, his successor or assigns, shall follow the Master Plan and the
regulations of the CPUD, as adopted, and any other conditions or modifications as may
be agreed to in the rezoning of the property. In addition, any successor or assignee in
title to the developer is bound by commitments within this Document.
4.3 CPUD MASTERPLAN
a. Exhibit "A", CPUD Master Plan, illustrates the proposed development and
is conceptual in nature. Proposed tract, lot or land-use boundaries or special land use
boundaries shall not be construed to be final and may be varied at any subsequent
approval phase, such as final platting or site development plan application. Subject to
the provisions of the Land Development Code, amendments may be made from time to
time.
b. All necessary easements, dedications, or other instruments shall be
granted to ensure the continued operation and maintenance of all service utilities and all
common areas in the project.
4.4 SCHEDULE OF DEVELOPMENT / MONITORING REPORT AND SUNSET
PROVISION
a. The project is proposed to start construction of infrastructure in 2007.
Should the project not develop in a single phase, the absorption of the entire project is
based upon a mix of commercial uses and is estimated to take seven to ten years.
b. This project shall be subject to the Sunset Provisions of the Land
Development Code.
12
8E
c. Common areas, including areas, devoted to water management facilities
will be dedicated to a common property owners association, if applicable, for purposes of
maintenance and care.
d. An annual monitoring report shall be submitted pursuant to the Land
Development Code.
4.5 SUBSTITUTION TO
PRACTICE/REGULATIONS
DESIGN
STANDARDS
FOR
SUBDIVISION
a. Appendix B: Roads (exclusive of access easements) within the project
will be designed and built as private roads with no maintenance responsibility by Collier
County. These roads shall have a right-of-way of 50 feet. Pavement width shall be a
minimum of 22 feet for two-way traffic.
b. Internal roads that run parallel to water management lakes or detention
areas shall be located a minimum of 20 feet from the top of bank or control elevation,
whichever is greater.
4.6 TRANSPORTATION
a. All traffic control devices, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation (FDOT) Manual of
Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current
edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition.
All other improvements shall be consistent with and as required by the Land
Development Code. (LDC)
b. Arterial level street lighting shall be provided at all access points. Access
lighting shall be in place prior to the issuance of the first certificate of occupancy (CO).
c. Access points, including both driveways and proposed streets, shown on
the PUD Master Plan are considered to be conceptual. Nothing depicted on any such
Master Plan shall vest any right of access at any specific point along any property
frontage. All such access issues shall be approved or denied during the review of
required subsequent site plan or final plat submissions. All such access shall be
consistent with the Collier County Access Management Policy (Res. 01-247), as it may
be amended from time to time, and with the Collier County Long-Range Transportation
Plan. The number of access points constructed may be less than the number depicted
on the Master Plan; however, no additional access points shall be considered unless a
PUD Amendment is to be processed.
d. Site-related improvements (as apposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by Collier County,
shall not be eligible for impact fee credits. All required improvements shall be in place
and available to the public prior to the issuance of the first CO.
e. Road impact fees shall be paid in accordance with the applicable Impact
Fee Ordinance, as it may be amended.
13
SE
f. All work within Collier County rights-of-way or public easements shall
require a right-of-way permit.
g. All proposed median opening locations shall be in accordance with the
Collier County Access Management Policy (Resolution No. 01-247), as it may be
amended, and the Land Development Code, as it may be amended. Collier County
reserves the right to modify or close any median opening existing at the time of approval
of this CPUD which is found to be adverse to the health, safety and welfare of the public.
Any such modifications shall be based on, but are not limited to, safety, operational
circulation, and roadway capacity.
h. Nothing in any development order shall vest a right of access in excess of
a right in/right out condition at any access point. Neither shall the existence of a point of
ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis
for any future cause of action for damages against the County by the developer, its
successor in title, or assignee.
i. All internal roads, driveways, alleys, pathways, sidewalks and
interconnections to adjacent developments shall be operated and maintained by an
entity created by the developer and Collier Country shall have no responsibility for
maintenance of any such facilities.
j. If any required turn lane improvement requires the use of an existing
County right-of-way or easement, compensating right-of-way shall be provided without
cost to Collier County as a consequence of such improvement.
k. If, in the sole opinion of Collier County, a traffic signal, or other traffic
control device, sign or pavement marking improvement within a public right-of-way or
easement is determined to be necessary, the cost of such improvement shall be borne
by the developer and shall be paid to Collier County before the issuance of the first CO.
I. Adjacent developments have been designed to provide shared access or
interconnections with this development. The CPUD Master Plan indicates these
locations. The developer, or assigns, shall provide the interconnection upon approval of
the first development order.
m. The developer shall dedicate to Collier County, as of the effective date of
this ordinance and without severance damages, 12 feet of property along the eastern
boundary of the CPUD for Whippoorwill Lane improvements as depicted on the
attached CPUD Master Plan.
n. Prior to the issuance of a development order, updated traffic analysis will
be performed by the developer for the intersection of Whippoorwill Lane and Pine Ridge
Road. The additional analysis shall outline improvements that are required to address
the intersection failing movements. The developer shall dedicate the right-of-way
reservation area as shown on the CPUD Master Plan to facilitate the improvements. No
COs shall be issued until all intersection improvements have been completed. Should
the developer improve the intersection as outlined in the traffic analysis, the County will
reimburse the developer in the form of impact fee credits for all improvements above its
fair share. Site related improvements shall not be eligible for impact fee credits.
14
BE
o. A perpetual use easement will be dedicated to the County, in accordance
with the CPUD Master Plan, to provide access from Whippoorwill Lane to the Pine Ridge
Center to the West. Prior to issuance of a development order, the easement shall be
recorded with Collier County. The recording information shall be provided as part of the
D.O. application.
p. Improvements to the intersection of Pine Ridge Road and Whippoorwill
shall be completed prior to the first CO being issued for the subject property. The
property owner shall be responsible for his fair share of the cost of the intersection
improvements. Should the developer be required to improve the intersection, projects
that contribute to the intersection traffic will be required by County Staff to reimburse the
property owner for the intersection analysis, design and construction based on a fair
share formula determined at the time of Development Order.
4.7 WATER MANAGEMENT
a. In accordance with the Rules of the South Florida Water Management
District (SFWMD), Chapters 40E-4 and 40E-40 Florida Administrative Code, this project
shall be designed for a storm event of 3-day duration and 25-year return frequency and
shall be reviewed and permitted by the SFWMD unless deligated to Collier County by
SFWMD.
4.8 UTILITIES
a. County water service is available via a 12-inch water main located along
Pine Ridge Road. The developer is responsible to tap the main to provide both potable
water and fire fighting capability to the site.
b. County sewer service is available via an 8-inch force main located along
Pine Ridge Road. The developer is responsible for providing the necessary connections
to supply the site with County sewer service.
c. All facilities extended to the site and which lie in platted rights-of-ways
shall be owned and maintained by the Collier County Water/Sewer District. The
facilities, whether owned and maintained by the District or privately owned, shall be
reviewed and installed in accordance with the requirements of applicable County
ordinances and all federal, state and other existing rules and regulations.
4.9 ENGINEERING
a. Work within rights-of-way shall meet the requirements of Collier County
Right-Of-Way Ordinance.
4.10 ENVIRONMENTAL
a. An appropriate portion of the native vegetation shall be retained on site as
required by the Land Development Code. For this site, a minimum of 15% of the
existing native vegetation shall be preserved onsite, a minimum of 1.16 acres.
15
BE
b. Storm water run-off shall not discharge directly into the preserve without
pre-treatment.
4.11 LANDSCAPING FOR OFF-STREET AREAS
All landscaping for off-street parking areas shall be in accordance with the Land
Development Code in effect at the time of building permit application.
4.12 DEVIATIONS
a. The landscape buffer immediately adjacent to the 12 foot right-of-way
reservation along Whippoorwill Lane shall be reduced to 10 feet in width
but shall contain the plantings within the required 20 foot Type 'D' Buffer.
b. The perpetual use easement shown on the CPUD Master Plan will not
require sidewalks in accordance with Section 6.06.02 of the Land
Development Code. Sidewalks shall be provided in accordance with
Exhibit 'C', Sidewalk Exhibit for that area of the project including the
perpetual use easement northward. Subsequent development shall
comply with Section 6.06.02 as amended.
16
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TYPICAL LAKE SECTION
rH.S.
EXHIBIT C
8E
December 21, 2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: Notice of Public Hearing to Consider Petition
PUDA-2005-AR-7818; Pine View CPUD
Dear Legals:
Please advertise the above referenced petition on Sunday, January 7, 2007, and
kindly send the Affidavit of Publication, in duplicate, together with charges involved
to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
Enclosure
Charge to: 113-138312-649110
BE
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, January 23, 2007, ln the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS
MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "PUD" TO "CPUD" COMMERCIAL PLANNED
UNIT DEVELOPMENT KNOWN AS THE PINE VIEW CPUD AND LOCATED ON THE
SOUTHWEST CORNER OF PINE RIDGE ROAD (CR. 896) AND WHIPPOORWILL
LANE, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 15.58 ACRES; PROVIDING FOR THE
REPEAL OF ORDINANCE NUMBER 00-45, THE FORMER PINE VIEW PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
petition PUDA-2005-AR-7818, Freeland and Schuh, Inc., represented by
Tim Hancock, of Talon Management, are requesting an amendment to the
Pine View PUD to permit automotive sales within the PUD and increase
the allowable building height from 35' to 45'. The project will provide
a driveway connection between the pine Ridge Center East and West PUD's
and Whipporwill Lane. The subject property, consisting of 15.58 acres,
is located on the southwest corner of Pine Ridge Road and Whipporwill
Lane, in Section 18, Township 49 South, Range 26 East, Collier County,
Florida.
A copy of the proposed Ordinance is on file with the Clerk to the
Board and is available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County Manager prior to presentation of the agenda
item to be addressed. Individual speakers will be limited to 5 minutes
on any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written materials
8E
intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public
hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Dillard, Deputy Clerk
( SEAL)
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
8', 0.-
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,...
....
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
December 21, 2006
Richard C. Myers, Trustee
12888 Bald Cypress Lane
Naples, FL 34119
Re: Notice of Public Hearing to consider Petition
PUDA-2005-AR-7818, Pine View CPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 23,2007 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 7, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~c
eresa Dillard,
Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.n.us
Fax-(239)775-2755
Email-collierclerk@clerk..collier.n.us
./n~ Fr~
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
,("\~ 'I'"
v'-
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
December 21, 2006
Freeland & Schuh, Inc.
1229 Airport Rd. N
Naples, FL 34104-6116
Re: Notice of Public Hearing to consider Petition
PUDA-2005-AR-7818, Pine View CPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 23, 2007 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 7, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~LL~ ~ut_X-z_
Teresa Dillard,
Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
8r-
'f'~
~-.
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
December 21, 2006
Tim Hancock
Davidson Engineering
2154 Trade Center Way, #3
Naples, FL 34109
Re: Notice of Public Hearing to consider Petition
PUDA-2005-AR-7818, Pine View CPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 23,2007 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 7, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
eresa Dillard,
Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.c1erk.collier.n.us
Fax- (239) 775-2755
Email-collierclerk@c1erk.collier.n.us
Teresa L. Dillard
BE
To:
Subject:
legals@naplesnews.com
PU DA-2005-AR-7818
Attachments:
PUDA-2005-AR-7818.doc; PUDA-2005-AR-7818.dot
Legals,
Please advertise the following on Sunday, January 7,2007. Any questions, please contact me.
Thank you
PUDA-2005-AR-781 PUDA-2005-AR-781
8.doc (27 KB) 8.dot (31 KB)
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Dillard@clerk.collier. fl. us)
1
Teresa L. Dillard
BE
From:
Sent:
To:
Subject:
ClerkPostmaster
Thursday, December 21,2006 1:48 PM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
ATT1666093.txt; PUDA-2005-AR-7818
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........'
ATT1666093.txt PUDA-200S-AR-781
(231 B) 8
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Teresa L. Dillard
r:
t,",.
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Thursday, December 21,2006 1:48 PM
Teresa L. Dillard
Delivered: PUDA-2005-AR-7818
Attachments:
PUDA-2005-AR-7818
r:::-71
L::.J
PUDA-200S-AR-781
8
<<PUDA-2005-AR-7818>> Your message
To; legals@naplesnews.com
Subject; PUDA-2005-AR-7818
Sent; Thu, 21 Dec 2006 13;48;05 -0500
was delivered to the following recipient(s);
legals, NDN on Thu, 21 Dec 2006 13;48;18 -0500
1
PUDA-2005-AR-7818
Teresa L. Dillard
Page 1 of 1
BE
,~~~,.~~~.V___~.~~.~_~_,,_,~~_,~~~_~~~,."~~__~~~~~~~~A~
From:
Sent:
To:
Perrell, Pam [paperrell@naplesnews.com]
Thursday, December 21,20062:11 PM
Teresa L. Dillard
Subject: RE: PUDA-2005-AR-7818
OK
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.fl.us]
Sent: Thursday, December 21, 2006 1 :48 PM
To: legals@naplesnews.com
Subject: PUDA-200S-AR-7818
Legals,
Please advertise the following on Sunday, January 7,2007. Any questions, please contact me.
Thank you
<<PUDA-2005-AR-7818.doc>> <<PUDA-2005-AR-7818.dot>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Dillard@Clerk.collier.fl.us)
12/21/2006
f' 8 E
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Pu blication
State of Florida
County of Collier
a,::ftT~ml
the C'ert to tile BOard
and lsIYIU..-.e for In.
~on. ~lI~ted
Plutlts 11ft! IlWlted'to at, .
tend'and'b1l ~;
~~,,, k.,.AHRersons
"-'n;'liO to '$pNj( on any
~Item ml.lIt regl$.
ter lNlth the',County
Mal'\ger prior to pre.
sentatlOn Of the agenda
Item to be addressed.
Individual spel'kers will
be tfmltetf-t<t Sc~tes
on any',ltem, ,The selec.
tion of an IndlYldual to
speak ,on behalf of an
organllatlonor group Is
encouraged. If recog.
nlled by the Chairman.
a spokesperson for a
group or organllatlon
may be' allotted 10 min-
utes to speak on an
Item.
p'ersons' wishing to
Naye written or Qraptllc
materials Incluaed In
the Board a~ pack.
ets must sUbmit said
material a mlnlnwm of 3,
weeks prior to the....e.
spec:tlye public hearing.
In any case. written ma.
terlals Intended to' be
considered by the Board
shall be submitted to,
the appropriate County
staff a mlillmum of Sey.
en.Ji.ys prior to the
pUOI.lc htllll1"". All ma.
terial used, Iri presenta.
tlons before t"', Board
will become .' ..erma.
netlt twt Iltthe record.
Any person lNtlo deelel.
e, to .lIPI'I4I ... ~.Ion
of the Boarel will need a
rec.orel Qf the ,.roeeeel.
Ings pertaining thereto
anel ther.fQr.. may
neeel to ensure that a
lIerbat!mrec:ont-of--the
proceedings Is made.
which record Includes
Before the undersigned they serve as the authority, personally
appeared B. Lamb, who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising, being a
I
A",D~QF ~
1I0AJI~~'e O~"ty
ClcO,MMtSSIOtlER'S OF
OUIER 'COUNTY
FLORIDA. MENDING
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper I time in the issue
on January 7th
2007
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counlies of Florida,
each day and has becn entered as second class mail matter at the post
office in Naplcs. in said Collier County, Florida, for a peTlod of 1
year next prcceding the first publication ofthe attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporalion any discount, rebate,
commission or' refund for the purpose of securing this advertisement for
publication in the said newspaper.
JJ. ~
( SignatUre of affiant)
S,vorn to and subscribed before me
This 7 day of January, 2007
~'Cltf\
(Signature of notary pubI1c)
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COLI R CUNTY
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FEI 59-2578327
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO j 8 E
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Route to Addressee(s) Office Initials Date
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I.Connie Johnson CDES Administration
2.
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6. Minutes and Records Clerk of Court's Office
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January 23, 2007
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403-2416
8E
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
18E
ORDINANCE NO. 07- 06
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "PUD"
TO "CPUD" COMMERCIAL PLANNED UNIT
DEVELOPMENT KNOWN AS THE PINE VIEW CPUD
AND LOCATED ON THE SOUTHWEST CORNER OF
PINE RIDGE ROAD (CR. 896) AND WHIPPOORWILL
LANE, IN SECTION 18, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 15.58 ACRES; PROVIDING FOR THE
REPEAL OF ORDINANCE NUMBER 00-45, THE
FORMER PINE VIEW PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Freeland & Schuh, Inc., represented by Tim Hancock of Davidson
Engineering, petitioned the Board of County Commissioners to change the zoning classification
of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the subject property located in Section 18, Township 49
South, Range 26 East, Collier County, Florida, is changed from a PUD Zoning District to a
Commercial Planned Unit Development (CPUD) District for a project to be known as the Pine
View Commercial Planned Unit Development (CPUD) in accordance with the CPUD Document,
attached hereto as Exhibit "A," and incorporated by reference herein. The appropriate zoning
atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County
Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 00-45, known as the Pine View PUD, adopted on June 27, 2000, by
the Board of County Commissioners of Collier County, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Florida Department of State.
Page 1 of2
8r
'-
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this aJ,Edayof ,JAnu<<.rv ,2007.
(
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
c,
r -
n:-', ... -'.~
r'Att;.i:'~':':~ Di
A~ft~tIf~ and
legal sufficieI)CY... "
, /j, ,. ("\",:"
,,' .' ,,(. '- /).j
- ' . .'" ,,:'- " .A~.J'. :I- (c/f,,;f--IJ-t-:\
Marjori . Student-Stirling l)
Assistant County Attorney
BY:
JA
PUDA-2005-AR-7818/MD/sp
Page 2 of2
Item # ?? (-:
Ag-:mda I br..:\ ~ ), r'J
OOt2 ~Di-
~p~:,~~e
BE
Pine View
A
Commercial Planned Unit Development
Regulations and supporting master plan governing the Pine View PUD, a planned unit
development pursuant to provisions of the Collier County Land Development Code
Prepared for:
Freeland and Schuh, Inc.
1229 Airport Pulling Road North
Naples, FL 34104-6116
Prepared by:
Tim Hancock
Davidson Engineering, Inc.
2154 Trade Center Way, Suite 3
Naples, FL 34109
239-597 -3916
DATE REVIEWED BY CCPC:
DATE APPROVED BY THE BCC:
ORDINANCE NUMBER:
AMENDMENTS AND REPEAL:
12-21-06
1-23-07
2007-06
EXHIBIT "A"
TABLE OF CONTENTS
Page
3
List of Exhibits and Tables
4
Statement of Compliance and Short Title
Section I
Section II
Section III
Section IV
5
Property Ownership and Description
Project Development
7
Commercial Areas Plan
9
General Development Commitments
12
2
BE f
BE
LIST OF EXHIBITS AND TABLES
EXHIBIT A:
EXHIBIT B:
EXHIBIT C:
CPUD Master Plan
Boundary Survey
Sidewalk Exhibit
3
BE
STATEMENT OF COMPLIANCE AND SHORT TITLE
The Pine View Commercial Planned Unit Development (CPUD) consists of +/- 15.15
acres of land situated at the Southwest corner of the intersection of Pine Ridge Road
and Whippoorwill Lane in Collier County, Florida
The development of this project will be in compliance with the planning goals and
objectives of Collier County as set for the in the Growth Management Plan. This
compliance includes:
1. The entirety of the parcel is located within the Pine Ridge / 1-75 Interchange
Activity Center, referred to as Activity Center #10 in the Growth Management Plan.
2. Activity Centers are the preferred locations for the concentration of commercial
uses. The project is allowed to request a full array of commercial and retail uses
consistent with the Growth Management Plan and the Land Development Code.
3. The project location, immediately Southwest of the intersection of Whippoorwill
Lane and Pine Ridge Road will allow for primary access via a signalized intersection.
4. The project complies with the Collier County Growth Management Plan including
the exclusion of Industrial uses in this particular Activity Center.
5. The project will be served by and approved by the Utilities Division.
6. The project, as proposed, is compatible with adjacent land uses and includes
adequate buffering where dissimilar land uses are located adjacent to each other.
7. Access will be provided to the Pine Ridge Center East PUD contingent upon
appropriate cross access easements being recorded.
8. All final local development orders for this project are subject to the Adequate
Public Facilities Ordinance.
SHORT TITLE
This Ordinance shall be known and cited as the "Pine View Commercial Planned Unit
Development Ordinance."
4
BE
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property and to describe the existing conditions of the property to be developed under
the project name of "Pine View."
1.2 LEGAL DESCRIPTION
The subject property being +/- 15.15 acres, is described as:
THE EAST Y:z OF THE NORTHEAST "Y4 OF THE NORTHWEST "Y4 OF SECTION
18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY FLORIDA;
LESS AND EXCEPT THAT PORTION OF PROPERTY DESCRIBED AS PARCEL NO.
120 IN STIPULATED FINAL JUDGEMENT RECORDED IN OFFICIAL RECORDS
BOOK 1018, PAGE 159, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA;
AND LESS AND EXCEPT THAT PORTION OF PROPERTY DESCRIBED AS PARCEL
NO. 123 IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 2660,
PAGE 3375, OF THE PUBLIC RECORD OF COLLIER COUNTY, FLORIDA;
STIPULATED FINAL JUDGEMENT RECORDED IN OFFICIAL RECORDS BOOK 3488,
PAGE 93, OF SAID PUBLIC RECORDS.
AND LESS AND EXCEPT THAT PORTION OF PROPERTY KNOWN AS
WHIPPOORWILL LANE AS DESCRIBED IN QUITCLAIM DEED RECORDED IN
OFFICIAL RECORDS BOOK 3308, PAGE 3195, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA;
AND LESS AND EXCEPT THE SOUTH 60 FEET OF THE EAST Y:z OF THE
NORTHEAST "Y4 OF THE NORTHWEST "Y4 OF SECTION 18, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of:
Freeland and Schuh, Inc.
1229 Airport Road North
Naples, FL 34104-6116
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
5
BE
a. The project site is located in Section 18, Township 49 South, Range 26
East, more commonly known as immediately South and West of the intersection of Pine
Ridge Road and Whippoorwill Lane in Collier County, Florida.
b. The zoning classification of the subject property is, Commercial Planned
Unit Development (CPUD).
1.5 PHYSICAL DESCRIPTION
The project site is located within the Gordon River Basin. Flows reach the Gordon River
via the 1-75 canal and the Golden Gate Main canals. Water Management facilities for
the proposed project are planned to be of the lake retention or dry detention type.
Elevations within the project site generally range from 10.5 to 11.5 feet above mean sea
level. Based on preliminary site borings, the depth to bedrock in the area varies from
some 8.5 feet to more than 11.5 feet. The entire site is in Flood Zone X according to
Firm Panel 102267 0425D.
Based on review of a 1975 aerial photograph, it appears that the northern approximately
1/3 of the site has been historically cleared, and disturbed by agricultural activities. This
area consists of disturbed dry prairie and shrub and brush lands, with remnant farm
furrows and ridges running through it. It also contains exotic vegetation (Brazilian
pepper, earleaf acacia, and java plum) and nuisance ruderal species (dog fennel,
ragweed, and Spanish needles). The southern approximately 2/3 of the site is
predominantly native pine/palmetto flatwoods of good quality with some hydric pine.
There is one 1.5 acre jurisdictional wetland area on the site. Two abandoned gopher
tortoise burrows also currently exist on the site. Other land uses include a cleared strip
of land previously provided for temporary access to the parcel to the south, disturbed
previously cleared areas along the eastern property boundary, and an "L" shaped ditch
with associated berms and drainage ditches. The soil types on the site include Oldsmar
Fine sand.
1.6 PROJECT DESCRIPTION
The project will consist of +/- 15.15 acres of commercial and/or professional office
development. The site plan has been configured to take advantage of the location within
an existing Interchange Activity Center and to maintain market flexibility for future
development. The plan allows for either a single use development or multiple uses on
the property.
6
BE
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project
plan of development, relationships to applicable County ordinances, the respective land
uses of the tracts included in the project, as well as other project relationships.
2.2 GENERAL
a. Regulations for development of Pine View shall be in accordance with the
contents of this Document, CPUD - Commercial Planned Unit Development District and
other applicable sections and parts of the Land Development Code and Growth
Management Plan in effect at the time of building permit application. Where these
regulations fail to provide developmental standards, then the provisions of the most
similar district in the Land Development Code shall apply.
b. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in Land Development Code in effect at the time of building permit
application.
c. All conditions imposed and all graphic material presented depicting
restrictions for the development of Pine View shall become part of the regulations, which
govern the manner in which the CPUD site may be developed.
d. Unless modified, waived or excepted by this CPUD, the provisions of
other sections of the Land Development Code where applicable, remain in full force and
effect with respect to the development of the land which comprises this CPUD.
e. Development permitted by the approval of this Petition will be subject to a
concurrency review under the provisions of the Adequate Public Facilities Ordinance.
f. The petitioner's property is located outside an area of
historic/archaeological probability as designated on the official Collier County Probability
Map. Therefore, no historic/archaeological survey and assessment is required.
Pursuant to the Land Development Code, if during the course of site clearing, excavation
or other construction activity, an historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Code Enforcement Department contacted.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
a. The project development plan, including layout of streets and use of land
for the various tracts, is illustrated graphically by Exhibit "A", CPUD Master Plan.
Necessary water management lakes or detention areas and the general configuration of
street rights-of-way, are also illustrated by the CPUD Master Plan.
7
BE
DEVELOPABLE AREA
PRESERVE AREA
WATER MANAGEMENT
PERPETUAL USE EASEMENT
12.58 acres
1.16 acres
.83 acres
.58 acres
Total:
15.15 acres
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
a. Prior to the recording of a record plat, and/or condominium plat for all or
part of the PUD final plans of all required improvements shall receive approval by the
appropriate Collier County governmental agency to ensure compliance with the CPUD
Master Plan, the Subdivision Code, and the platting laws of the State of Florida.
b. Exhibit "A", CPUD Master Plan, constitutes the required CPUD
Development Plan. Subsequent to or concurrent with CPUD approval, a preliminary
subdivision plat, if applicable, shall be submitted for the entire area covered by the
CPUD Master Plan. Any division of property and the development of the land shall be in
compliance with Land Development Code, and the platting laws of the State of Florida.
c. The provisions of the Land Development Code, when applicable, shall
apply to the development of all platted tracts or parcels of land, as provided in the Land
Development Code, prior to the issuance of a building permit or other development
order.
d. Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications and methods for providing perpetual
maintenance of common facilities.
2.5 AMENDMENTS TO CPUD DOCUMENT OR CPUD MASTER PLAN
Amendments may be made to the CPUD in accordance with Land Development
Code.
2.6 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
MAINTENANCE
Whenever the developer elects to create land area and/or recreation amenities
whose ownership and maintenance responsibility is a common interest to all of the
subsequent purchasers of property within said development in which the common
interest is located, that developer entity shall provide appropriate legal instruments for
the establishment of a property owners' association whose function shall include
provisions for the perpetual care and maintenance of all common facilities and open
spaces, subject further to the provisions of the Collier County Land Development Code.
8
BE
~.
SECITON III
COMMERCIAL AREAS PLAN
3.1.1 PURPOSE
The purpose of this Section is to identify the type of Commercial Uses and
development standards that will be applied the project.
3.2 DEVELOPMENT EMPHASIS
The subject property is wholly contained within Activity Center #10, as identified
in the Growth Management Plan. Whippoorwill Lane and an automobile service station
with convenience store border it on the East. The Western property line borders the
Pine Ridge Center East PUD, which is joined via future access connection to the Pine
Ride Center West PUD. Both PUDs contain uses ranging in intensity from C-1 to C-4
zoning as contained in the Land Development Code. The subject property is permitted a
full array of commercial uses as indicated in the Growth Management Plan, and as such,
this Document and the uses contained herein are consistent with the Growth
Management Plan.
3.3 USES PERMITTED
No building or structures or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
a. Permitted Uses
1. Amusements and recreation services, indoor (groups 7911-7941,
7991-7993,7997,7999).
2. Apparel and accessory stores (groups 5611-5699).
3. Auto and home supply stores (group 5531).
4. Automotive repair, services, parking (groups 7514,7515,7521).
5. Building materials, hardware and garden supplies (groups 5231-
5261 ).
6. Business services (groups 7311-7352, 7359 except airplane,
industrial truck, portable toilet and oil field equipment renting and
leasing, 7361-7397 except armored car and dog rental, 7384,
7389 except auctioneering, bronzing, field warehousing, salvaging
and damaged merchandise).
7. Commercial printing (group 2752, excluding daily newspapers).
8. Communications (groups 4812-4841) except communication
towers.
9. Eating and drinking establishments (groups 5812,5813) excluding
bottle clubs. All establishments engaged in the retail sale of
alcoholic beverages for on-premise consumption are subject to
the location requirements of the Land Development Code.
10. Engineering, accounting, research, management and related
services (groups 8711-8748).
9
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
BE
30.
31.
Food stores (groups 5411-5499).
Fueling locations without convenience commercial uses, only
when located with another permitted use. No diesel fuel sales.
General merchandise stores (groups 5311-5399).
Group care facilities (category I and II, except for homeless
shelters); care units, except for homeless shelters; nursing homes
assisted living facilities pursuant to state statute 400.402 F.S. and
ch.58A-5 F.A.C.; and continuing care retirement communities
pursuant to state statute 651 F.S. and ch.4-193 F.A.C.; and all
subject to the Land Development Code.
Health services (groups 8051-8059, 8062-8069, 8071, 8072,
8092-8099).
Home furniture, furnishing and equipment stores (groups 5712-
5736)
Hotels and motels (groups 7011, 7021, 7041 when located in an
activity center).
Miscellaneous repair services (groups 7629-7631).
Miscellaneous retail (groups 5912-5963, except pawn shops,
5992-5999).
Non-depository credit institutions (groups 6111-6163).
Paint, glass and wallpaper stores (group 5231).
Personal services (groups 7211, 7212, 7215-7217, 7219, 7221-
7251,7261 except crematories, 7291-7299).
Public administration (groups 9111-9199,9229,9311,9411-9451,
9511-9532,9611-9661).
Retail nurseries, lawn and garden supply stores (group 5261).
Real estate (group 6512).
Social services (groups 8322-8399, except for homeless shelters
and soup kitchens).
Veterinary services (groups 0742, 0752 excluding outside
kenneling).
Videotape rental (group 7841).
United States Postal Service (group 4311 except major
distribution centers).
Motor vehicle dealers, new and used (groups 5511 and 5521).
Automotive repair, services and parking (groups 7514, 7515,
7521, 7542, 7549 and 7532 only in conjunction with use number
5511 or 5521).
Any other use that is comparable in nature with the foregoing list
of permitted principal uses, as determined by the Board of Zoning
Appeals (UBZA").
32.
b. Accessory Uses
1. Uses and structures that are accessory and incidental to the uses
permitted as of right in this district.
2. Caretakers' residence, subject to the Land Development Code.
3.4 DEVELOPMENT STANDARDS
10
BE
a.
Minimum Lot Area:
10,000 square feet
b.
Minimum Lot Width:
1 00 feet
c.
Minimum Yard Requirements:
1. Along Pine Ridge Road:
2. Along Whippoorwill Lane:
3. Along South property line:
4. Along Western property line
25 feet
25 feet
50 feet
25 feet
d.
Minimum Yards (internal):
1. Front Yard:
2. Side Yard:
3. Rear Yard:
4. Waterfront:
5. Preserve (Setback):
1. Accessory Structures:
15 feet
1 0 feet
20 feet
25 feet
25 feet
1 0 feet
e.
Maximum height:
45 feet
f. Minimum floor area: 700 square feet gross floor area on ground floor (for
principal structures). Guardhouses or gatehouses are exempt from this limitation.
g. Minimum off-street parking and off-street loading: As required by the Land
Development Code.
h. Landscaping: As required by the Land Development Code.
i. Lighting: Lighting shall be located so that no light is aimed directly toward
a property designated residential nor shall lighting be located within 200 feet of
residential property.
j. Signs: Project signage will comply with the Land Development Code.
k. Architectural and site design standards. All commercial buildings and
projects shall be subject to the provisions of the Land Development Code.
I. Off-site removal of earthen material: The excavation and stockpiling of
earthen material in preparation of water management facilities or to otherwise develop
water bodies is hereby permitted. If a surplus of earthen material exists, that its off-site
disposal is also hereby permitted, subject to the following conditions:
1. Excavation activities shall comply with the definition of a
"development excavation" pursuant to the Code of Laws and Ordinances, whereby off-
site removal shall be limited to 10% of the total, up to a maximum of 20,000 cubic yards.
2. All other provisions of the Land Development Code are applicable.
11
SECTION IV
8.t:
"'"
, '~
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
4.2 GENERAL
All facilities shall be constructed in strict accordance with final site development
plans, final subdivision plats and all applicable State and local laws, codes and
regulations applicable to this CPUD. Except where specifically noted or stated
otherwise, the standards and specifications of the Land Development Code shall apply
to this project even if the land within the CPUD is not to be platted. The developer, his
successor and assigns, shall be responsible for the commitments outlined in this
Document.
The developer, his successor or assigns, shall follow the Master Plan and the
regulations of the CPUD, as adopted, and any other conditions or modifications as may
be agreed to in the rezoning of the property. In addition, any successor or assignee in
title to the developer is bound by commitments within this Document.
4.3 CPUD MASTERPLAN
a. Exhibit "Au, CPUD Master Plan, illustrates the proposed development and
is conceptual in nature. Proposed tract, lot or land-use boundaries or special land use
boundaries shall not be construed to be final and may be varied at any subsequent
approval phase, such as final platting or site development plan application. Subject to
the provisions of the Land Development Code, amendments may be made from time to
time.
b. All necessary easements, dedications, or other instruments shall be
granted to ensure the continued operation and maintenance of all service utilities and all
common areas in the project.
4.4 SCHEDULE OF DEVELOPMENT / MONITORING REPORT AND SUNSET
PROVISION
a. The project is proposed to start construction of infrastructure in 2007.
Should the project not develop in a single phase, the absorption of the entire project is
based upon a mix of commercial uses and is estimated to take seven to ten years.
b. This project shall be subject to the Sunset Provisions of the Land
Development Code.
12
BE
c. Common areas, including areas, devoted to water management facilities
will be dedicated to a common property owners association, if applicable, for purposes of
maintenance and care.
d. An annual monitoring report shall be submitted pursuant to the Land
Development Code.
4.5 SUBSTITUTION TO
PRACTICE/REGULATIONS
DESIGN
STANDARDS
FOR
SUBDIVISION
a. Appendix B: Roads (exclusive of access easements) within the project
will be designed and built as private roads with no maintenance responsibility by Collier
County. These roads shall have a right-of-way of 50 feet. Pavement width shall be a
minimum of 22 feet for two-way traffic.
b. Internal roads that run parallel to water management lakes or detention
areas shall be located a minimum of 20 feet from the top of bank or control elevation,
whichever is greater.
4.6 TRANSPORTATION
a. All traffic control devices, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation (FOOT) Manual of
Uniform Minimum Standards (MUMS), current edition, FOOT Design Standards, current
edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition.
All other improvements shall be consistent with and as required by the Land
Development Code. (LOG)
b. Arterial level street lighting shall be provided at all access points. Access
lighting shall be in place prior to the issuance of the first certificate of occupancy (CO).
c. Access points, including both driveways and proposed streets, shown on
the PUD Master Plan are considered to be conceptual. Nothing depicted on any such
Master Plan shall vest any right of access at any specific point along any property
frontage. All such access issues shall be approved or denied during the review of
required subsequent site plan or final plat submissions. All such access shall be
consistent with the Collier County Access Management Policy (Res. 01-247), as it may
be amended from time to time, and with the Collier County Long-Range Transportation
Plan. The number of access points constructed may be less than the number depicted
on the Master Plan; however, no additional access points shall be considered unless a
PUD Amendment is to be processed.
d. Site-related improvements (as apposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by Collier County,
shall not be eligible for impact fee credits. All required improvements shall be in place
and available to the public prior to the issuance of the first CO.
e. Road impact fees shall be paid in accordance with the applicable Impact
Fee Ordinance, as it may be amended.
13
~8
E
f. All work within Collier County rights-of-way or public easements shall
require a right-of-way permit.
g. All proposed median opening locations shall be in accordance with the
Collier County Access Management Policy (Resolution No. 01-247), as it may be
amended, and the Land Development Code, as it may be amended. Collier County
reserves the right to modify or close any median opening existing at the time of approval
of this CPUD which is found to be adverse to the health, safety and welfare of the public.
Any such modifications shall be based on, but are not limited to, safety, operational
circulation, and roadway capacity.
h. Nothing in any development order shall vest a right of access in excess of
a right in/right out condition at any access point. Neither shall the existence of a point of
ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis
for any future cause of action for damages against the County by the developer, its
successor in title, or assignee.
i. All internal roads, driveways, alleys, pathways, sidewalks and
interconnections to adjacent developments shall be operated and maintained by an
entity created by the developer and Collier Country shall have no responsibility for
maintenance of any such facilities.
j. If any required turn lane improvement requires the use of an existing
County right-of-way or easement, compensating right-of-way shall be provided without
cost to Collier County as a consequence of such improvement.
k. If, in the sole opinion of Collier County, a traffic signal, or other traffic
control device, sign or pavement marking improvement within a public right-of-way or
easement is determined to be necessary, the cost of such improvement shall be borne
by the developer and shall be paid to Collier County before the issuance of the first CO.
I. Adjacent developments have been designed to provide shared access or
interconnections with this development. The CPUD Master Plan indicates these
locations. The developer, or assigns, shall provide the interconnection upon approval of
the first development order.
m. The developer shall grant to Collier County, as of the effective date of this
ordinance and without severance damages, 12 feet of property along the eastern
boundary of the CPUD for Whippoorwill Lane improvements as depicted on the
attached CPUD Master Plan.
n. Prior to the issuance of an approved site development plan, an updated
traffic analysis will be performed by the developer for the intersection of Whippoorwill
Lane and Pine Ridge Road. The additional analysis shall outline improvements that are
required to address the intersection failing movements. The developer shall dedicate the
right-of-way reservation area as shown on the CPUD Master Plan to facilitate the
improvements. No COs shall be issued until all intersection improvements have been
completed. Should the developer improve the intersection as outlined in the traffic
analysis, the County will reimburse the developer in the form of impact fee credits for all
improvements above its fair share. Site related improvements shall not be eligible for
impact fee credits.
14
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o. A perpetual use easement will be granted to the County, in accordance
with the CPUD Master Plan, to provide access from Whippoorwill lane to the Pine Ridge
Center to the West. Prior to issuance of the approved site development plan, the
easement shall be recorded with Collier County. The recording information shall be
provided as part of the SOP application.
p. Improvements to the intersection of Pine Ridge Road and Whippoorwill
shall be completed prior to the first CO being issued for the subject property. The
property owner shall be responsible for his fair share of the cost of the intersection
improvements. Should the developer be required to improve the intersection, projects
that contribute to the intersection traffic will be required by County Staff to reimburse the
property owner for the intersection analysis, design and construction based on a fair
share formula determined at the time of SOP approval.
4.7 WATER MANAGEMENT
a. In accordance with the Rules of the South Florida Water Management
District (SFWMD), Chapters 40E-4 and 40E-40 Florida Administrative Code, this project
shall be designed for a storm event of 3-day duration and 25-year return frequency and
shall be reviewed and permitted by the SFWMD unless delegated to Collier County by
SFWMD.
4.8 UTILITIES
a. County water service is available via a 12-inch water main located along
Pine Ridge Road. The developer is responsible to tap the main to provide both potable
water and fire fighting capability to the site.
b. County sewer service is available via an 8-inch force main located along
Pine Ridge Road. The developer is responsible for providing the necessary connections
to supply the site with County sewer service.
c. All facilities extended to the site and which lie in platted rights-of-ways
shall be owned and maintained by the Collier County Water/Sewer District. The
facilities, whether owned and maintained by the District or privately owned, shall be
reviewed and installed in accordance with the requirements of applicable County
ordinances and all federal, state and other existing rules and regulations.
4.9 ENGINEERING
a. Work within rights-of-way shall meet the requirements of Collier County
Right-Of-Way Ordinance.
4.10 ENVIRONMENTAL
a. An appropriate portion of the native vegetation shall be retained on site as
required by the land Development Code. For this site, a minimum of 15% of the
existing native vegetation shall be preserved onsite, a minimum of 1.16 acres.
15
8E
b. Storm water run-off shall not discharge directly into the preserve without
pre-treatment.
4.11 LANDSCAPING FOR OFF-STREET AREAS
All landscaping for off-street parking areas shall be in accordance with the Land
Development Code in effect at the time of building permit application.
4.12 DEVIATIONS
a. The landscape buffer immediately adjacent to the 12 foot right-of-way
reservation along Whippoorwill Lane shall be reduced to 10 feet in width
but shall contain the plantings within the required 20 foot Type 'D' Buffer.
b. The perpetual use easement shown on the CPUD Master Plan will not
require sidewalks in accordance with Section 6.06.02 of the Land
Development Code. Sidewalks shall be provided in accordance with
Exhibit 'C', Sidewalk Exhibit for that area of the project including the
perpetual use easement northward.
4.13 AFFORDABLE HOUSING
Collier County and the developer of the Pine View CPUD have cooperated to
address affordable housing impacts associated with the project. The developer,
or its successors and assigns, shall make a financial contribution to the Collier
County Affordable Housing Trust Fund in the amount of $.50 per square foot of
office or retail space constructed within the CPUD. This calculation shall be
exclusive of areas that are utilized for storage and display of vehicles or vehicle
parts or that qualify under the EDC high-tech, high wage job creation program.
This contribution shall be paid within seven days of the issuance of a CO for the
improvement receiving the CO. The payment of this contribution shall be
credited to the project's obligations to pay affordable or workforce housing fees
that may be adopted in the future by Collier County.
16
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Exhibit 'c'
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Pine View
A
Commercial Planned Unit Development
Regulations and supporting master plan governing the Pine View PUD, a planned unit
development pursuant to provisions of the Collier County Land Development Code
Prepared for:
Freeland and Schuh, Inc.
1229 Airport Pulling Road North
Naples, FL 34104-6116
Prepared by:
Tim Hancock
Davidson Engineering, Inc.
2154 Trade Center Way, Suite 3
Naples, FL 34109
239-597 -3916
DATE REVIEWED BY CCPC:
DATE APPROVED BY THE BCC: 6/27/00
ORDINANCE NUMBER: 2000-45
AMENDMENTS AND REPEAL:
EXHIBIT "A"
8T:
TABLE OF CONTENTS
List of Exhibits and Tables
Page
3
Statement of Compliance and Short Title
4
Section I
Property Ownership and Description
5
Section II
Project Development
7
Section III
Commercial Areas Plan
9
Section IV
General Development Commitments
12
2
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LIST OF EXHIBITS AND TABLES
EXHIBIT A:
CPUD Master Plan
EXHIBIT B:
Boundary Survey
EXHIBIT C:
Sidewalk Exhibit
3
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of
STATEMENT OF COMPLIANCE AND SHORT TITLE
The Pine View Commercial Planned Unit Development (CPUD) consists of +/- 15.15
acres of land situated at the Southwest corner of the intersection of Pine Ridge Road
and Whippoorwill Lane in Collier County, Florida
The development of this project will be in compliance with the planning goals and
objectives of Collier County as set for the in the Growth Management Plan. This
compliance includes:
1. The entirety of the parcel is located within the Pine Ridge / 1-75 Interchange
Activity Center, referred to as Activity Center #10 in the Growth Management Plan.
2. Activity Centers are the preferred locations for the concentration of commercial
uses. The project is allowed to request a full array of commercial and retail uses
consistent with the Growth Management Plan and the Land Development Code.
3. The project location, immediately Southwest of the intersection of Whippoorwill
Lane and Pine Ridge Road will allow for primary access via a signalized intersection.
4. The project complies with the Collier County Growth Management Plan including
the exclusion of Industrial uses in this particular Activity Center.
5. The project will be served by and approved by the Utilities Division.
6. The project, as proposed, is compatible with adjacent land uses and includes
adequate buffering where dissimilar land uses are located adjacent to each other.
7. Access will be provided to the Pine Ridge Center East PUD contingent upon
appropriate cross access easements being recorded.
8. All final local development orders for this project are subject to the Adequate
Public Facilities Ordinance.
SHORT TITLE
This Ordinance shall be known and cited as the "Pine View Commercial Planned Unit
Development Ordinance,"
4
8 ,,...
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SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property and to describe the existing conditions of the property to be developed under
the project name of "Pine View."
1.2 LEGAL DESCRIPTION
The subject property being +/- 15.15 acres, is described as:
THE EAST Yz OF THE NORTHEAST 1;4 OF THE NORTHWEST 1;4 OF SECTION
18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY FLORIDA;
LESS AND EXCEPT THAT PORTION OF PROPERTY DESCRIBED AS PARCEL NO.
120 IN STIPULATED FINAL JUDGEMENT RECORDED IN OFFICIAL RECORDS
BOOK 1018, PAGE 159, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA;
AND LESS AND EXCEPT THAT PORTION OF PROPERTY DESCRIBED AS PARCEL
NO. 123 IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 2660,
PAGE 3375, OF THE PUBLIC RECORD OF COLLIER COUNTY, FLORIDA;
STIPULATED FINAL JUDGEMENT RECORDED IN OFFICIAL RECORDS BOOK 3488,
PAGE 93, OF SAID PUBLIC RECORDS.
AND LESS AND EXCEPT THAT PORTION OF PROPERTY KNOWN AS
WHIPPOORWILL LANE AS DESCRIBED IN QUITCLAIM DEED RECORDED IN
OFFICIAL RECORDS BOOK 3308, PAGE 3195, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA;
AND LESS AND EXCEPT THE SOUTH 60 FEET OF THE EAST ~ OF THE
NORTHEAST 1;4 OF THE NORTHWEST 1;4 OF SECTION 18, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of:
Freeland and Schuh, Inc.
1229 Airport Road North
Naples, FL 34104-6116
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
5
8. 1,.-
t
a. The project site is located in Section 18, Township 49 South, Range 26
East, more commonly known as immediately South and West of the intersection of Pine
Ridge Road and Whippoorwill Lane in Collier County, Florida.
b. The zoning classification of the subject property is, Commercial Planned
Unit Development (CPUD).
1.5 PHYSICAL DESCRIPTION
The project site is located within the Gordon River Basin. Flows reach the Gordon River
via the 1-75 canal and the Golden Gate Main canals. Water Management facilities for
the proposed project are planned to be of the lake retention or dry detention type.
Elevations within the project site generally range from 10.5 to 11.5 feet above mean sea
level. Based on preliminary site borings, the depth to bedrock in the area varies from
some 8.5 feet to more than 11.5 feet. The entire site is in Flood Zone X according to
Firm Panel 1 02267 0425D.
Based on review of a 1975 aerial photograph, it appears that the northern approximately
1/3 of the site has been historically cleared, and disturbed by agricultural activities. This
area consists of disturbed dry prairie and shrub and brush lands, with remnant farm
furrows and ridges running through it. It also contains exotic vegetation (Brazilian
pepper, earleaf acacia, and java plum) and nuisance ruderal species (dog fennel,
ragweed, and Spanish needles). The southern approximately 2/3 of the site is
predominantly native pine/palmetto flatwoods of good quality with some hydric pine.
There is one 1.5 acre jurisdictional wetland area on the site, Two abandoned gopher
tortoise burrows also currently exist on the site. Other land uses include a cleared strip
of land previously provided for temporary access to the parcel to the south, disturbed
previously cleared areas along the eastern property boundary, and an "L" shaped ditch
with associated berms and drainage ditches, The soil types on the site include Oldsmar
Fine sand.
1.6 PROJECT DESCRIPTION
The project will consist of +/- 15.15 acres of commercial and/or professional office
development. The site plan has been configured to take advantage of the location within
an existing Interchange Activity Center and to maintain market flexibility for future
development. The plan allows for either a single use development or multiple uses on
the property.
6
SECTION II
8t:
......
"1
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project
plan of development, relationships to applicable County ordinances, the respective land
uses of the tracts included in the project, as well as other project relationships.
2.2 GENERAL
a. Regulations for development of Pine View shall be in accordance with the
contents of this Document, CPUD - Commercial Planned Unit Development District and
other applicable sections and parts of the Land Development Code and Growth
Management Plan in effect at the time of building permit application. Where these
regulations fail to provide developmental standards, then the provisions of the most
similar district in the Land Development Code shall apply.
b. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in Land Development Code in effect at the time of building permit
application.
c. All conditions imposed and all graphic material presented depicting
restrictions for the development of Pine View shall become part of the regulations, which
govern the manner in which the CPUD site may be developed.
d. Unless modified, waived or excepted by this CPUD, the provisions of
other sections of the Land Development Code where applicable, remain in full force and
effect with respect to the development of the land which comprises this CPUD.
e. Development permitted by the approval of this Petition will be subject to a
concurrency review under the provisions of the Adequate Public Facilities Ordinance.
f. The petitioner's property is located outside an area of
historic/archaeological probability as designated on the official Collier County Probability
Map. Therefore, no historic/archaeological survey and assessment is required.
Pursuant to the Land Development Code, if during the course of site clearing, excavation
or other construction activity, an historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Code Enforcement Department contacted,
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
a. The project development plan, including layout of streets and use of land
for the various tracts, is illustrated graphically by Exhibit "A", CPUD Master Plan.
Necessary water management lakes or detention areas and the general configuration of
street rights-of-way, are also illustrated by the CPUD Master Plan.
7
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DEVELOPABLE AREA
PRESERVE AREA
WATER MANAG EMENT
PERPETUAL USE EASEMENT
12.58 acres
1 .16 acres
.83 acres
.58 acres
Total:
15.15 acres
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
a. Prior to the recording of a record plat, and/or condominium plat for all or
part of the PUD final plans of all required improvements shall receive approval by the
appropriate Collier County governmental agency to ensure compliance with the CPUD
Master Plan, the Subdivision Code, and the platting laws of the State of Florida.
b. Exhibit "A", CPUD Master Plan, constitutes the required CPUD
Development Plan. Subsequent to or concurrent with CPUD approval, a preliminary
subdivision plat, if applicable, shall be submitted for the entire area covered by the
CPUD Master Plan. Any division of property and the development of the land shall be in
compliance with Land Development Code, and the platting laws of the State of Florida.
c. The provisions of the Land Development Code, when applicable, shall
apply to the development of all platted tracts or parcels of land, as provided in the Land
Development Code, prior to the issuance of a building permit or other development
order.
d. Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications and methods for providing perpetual
maintenance of common facilities.
2.5 AMENDMENTS TO CPUD DOCUMENT OR CPUD MASTER PLAN
Amendments may be made to the CPUD in accordance with Land Development
Code.
2.6 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
MAINTENANCE
Whenever the developer elects to create land area and/or recreation amenities
whose ownership and maintenance responsibility is a common interest to all of the
subsequent purchasers of property within said development in which the common
interest is located, that developer entity shall provide appropriate legal instruments for
the establishment of a property owners' association whose function shall include
provisions for the perpetual care and maintenance of all common facilities and open
spaces, subject further to the provisions of the Collier County Land Development Code.
8
BE
SECITON III
COMMERCIAL AREAS PLAN
3.1.1 PURPOSE
The purpose of this Section is to identify the type of Commercial Uses and
development standards that will be applied the project.
3.2 DEVELOPMENT EMPHASIS
The subject property is wholly contained within Activity Center #10, as identified
in the Growth Management Plan. Whippoorwill Lane and an automobile service station
with convenience store border it on the East. The Western property line borders the
Pine Ridge Center East PUD, which is joined via future access connection to the Pine
Ride Center West PUD. Both PUDs contain uses ranging in intensity from C-1 to C-4
zoning as contained in the Land Development Code. The subject property is permitted a
full array of commercial uses as indicated in the Growth Management Plan, and as such,
this Document and the uses contained herein are consistent with the Growth
Management Plan.
3.3 USES PERMITTED
No building or structures or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
a. Permitted Uses
1. Amusements and recreation services, indoor (groups 7911-7941,
7991-7993,7997,7999).
2. Apparel and accessory stores (groups 5611-5699).
3. Auto and home supply stores (group 5531).
4. Automotive repair, services, parking (groups 7514, 7515, 7521).
5. Building materials, hardware and garden supplies (groups 5231-
5261 ).
6. Business services (groups 7311-7352, 7359 except airplane,
industrial truck, portable toilet and oil field equipment renting and
leasing, 7361-7397 except armored car and dog rental, 7384,
7389 except auctioneering, bronzing, field warehousing, salvaging
and damaged merchandise),
7. Commercial printing (group 2752, excluding daily newspapers).
8. Communications (groups 4812-4841) except communication
towers.
9. Eating and drinking establishments (groups 5812, 5813) excluding
bottle clubs. All establishments engaged in the retail sale of
alcoholic beverages for on-premise consumption are subject to
the location requirements of the Land Development Code.
10. Engineering, accounting, research, management and related
services (groups 8711-8748).
9
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11. Food stores (groups 5411-5499).
12. Fueling locations without convenience commercial uses, only
when located with another permitted use. No diesel fuel sales.
13. General merchandise stores (groups 5311-5399).
14. Group care facilities (category I and II, except for homeless
shelters); care units, except for homeless shelters; nursing homes
assisted living facilities pursuant to state statute 400.402 F.S. and
ch.58A-5 F.A.C.; and continuing care retirement communities
pursuant to state statute 651 F.S, and ch.4-193 F.A.C.; and all
subject to the Land Development Code.
15. Health services (groups 8051-8059, 8062-8069, 8071, 8072,
8092-8099).
16. Home furniture, furnishing and equipment stores (groups 5712-
5736)
17. Hotels and motels (groups 7011, 7021, 7041 when located in an
activity center).
18. Miscellaneous repair services (groups 7629-7631).
19. Miscellaneous retail (groups 5912-5963, except pawn shops,
5992-5999).
20. Non-depository credit institutions (groups 6111-6163).
21. Paint, glass and wallpaper stores (group 5231).
22. Personal services (groups 7211,7212,7215-7217,7219,7221-
7251,7261 except crematories, 7291-7299).
23. Public administration (groups 9111-9199, 9229, 9311, 9411-9451,
9511-9532, 9611-9661),
24. Retail nurseries, lawn and garden supply stores (group 5261).
25. Real estate (group 6512).
26. Social services (groups 8322-8399, except for homeless shelters
and soup kitchens),
27. Veterinary services (groups 0742, 0752 excluding outside
kenneling).
28. Videotape rental (group 7841).
29. United States Postal Service (group 4311 except major
distribution centers).
30. Motor vehicle dealers, new and used (groups 5511 and 5521).
31. Automotive repair, services and parking (groups 7514, 7515,
7521, 7542, 7549 and 7532 only in conjunction with use number
5511 or 5521).
32. Any other use that is comparable in nature with the foregoing list
of permitted principal uses, as determined by the Board of Zoning
Appeals ("BZA").
b. Accessory Uses
1 . Uses and structures that are accessory and incidental to the uses
permitted as of right in this district.
2. Caretakers' residence, subject to the Land Development Code.
3.4 DEVELOPMENT STANDARDS
10
BE
a.
Minimum Lot Area:
10,000 square feet
b.
Minimum Lot Width:
1 00 feet
c.
Minimum Yard Requirements:
1 , Along Pine Ridge Road:
2. Along Whippoorwill Lane:
3. Along South property line:
4. Along Western property line
25 feet
25 feet
50 feet
25 feet
d.
Minimum Yards (internal):
1. Front Yard:
2. Side Yard:
3. Rear Yard:
4. Waterfront:
5. Preserve (Setback):
1. Accessory Structures:
15 feet
1 0 feet
20 feet
25 feet
25 feet
1 0 feet
e.
Maximum height:
45 feet
f. Minimum floor area: 700 square feet gross floor area on ground floor (for
principal structures). Guardhouses or gatehouses are exempt from this limitation.
g. Minimum off-street parking and off-street loading: As required by the Land
Development Code,
h. Landscaping: As required by the Land Development Code.
i. Lighting: Lighting shall be located so that no light is aimed directly toward
a property designated residential nor shall lighting be located within 200 feet of
residential property.
j. Signs: Project signage will comply with the Land Development Code.
k. Architectural and site design standards. All commercial buildings and
projects shall be subject to the provisions of the Land Development Code.
I. Off-site removal of earthen material: The excavation and stockpiling of
earthen material in preparation of water management facilities or to otherwise develop
water bodies is hereby permitted. If a surplus of earthen material exists, that its off-site
disposal is also hereby permitted, subject to the following conditions:
1 . Excavation activities shall comply with the definition of a
"development excavation" pursuant to the Code of Laws and Ordinances, whereby off-
site removal shall be limited to 10% of the total, up to a maximum of 20,000 cubic yards.
2. All other provisions of the Land Development Code are applicable.
11
l 8;~^
J"",~,
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
4.2 GENERAL
All facilities shall be constructed in strict accordance with final site development
plans, final subdivision plats and all applicable State and local laws, codes and
regulations applicable to this CPUD. Except where specifically noted or stated
otherwise, the standards and specifications of the Land Development Code shall apply
to this project even if the land within the CPUD is not to be platted. The developer, his
successor and assigns, shall be responsible for the commitments outlined in this
Document.
The developer, his successor or assigns, shall follow the Master Plan and the
regulations of the CPUD, as adopted, and any other conditions or modifications as may
be agreed to in the rezoning of the property. In addition, any successor or assignee in
title to the developer is bound by commitments within this Document.
4.3 CPUD MASTERPLAN
a. Exhibit "A", CPUD Master Plan, illustrates the proposed development and
is conceptual in nature. Proposed tract, lot or land-use boundaries or special land use
boundaries shall not be construed to be final and may be varied at any subsequent
approval phase, such as final platting or site development plan application. Subject to
the provisions of the Land Development Code, amendments may be made from time to
time.
b. All necessary easements, dedications, or other instruments shall be
granted to ensure the continued operation and maintenance of all service utilities and all
common areas in the project.
4.4 SCHEDULE OF DEVELOPMENT / MONITORING REPORT AND SUNSET
PROVISION
a. The project is proposed to start construction of infrastructure in 2007.
Should the project not develop in a single phase, the absorption of the entire project is
based upon a mix of commercial uses and is estimated to take seven to ten years.
b. This project shall be subject to the Sunset Provisions of the Land
Development Code.
12
BE
c. Common areas, including areas, devoted to water management facilities
will be dedicated to a common property owners association, if applicable, for purposes of
maintenance and care.
d. An annual monitoring report shall be submitted pursuant to the Land
Development Code.
4.5 SUBSTITUTION TO
PRACTICE/REGULATIONS
DESIGN
STANDARDS
FOR
SUBDIVISION
a. Appendix B: Roads (exclusive of access easements) within the project
will be designed and built as private roads with no maintenance responsibility by Collier
County. These roads shall have a right-of-way of 50 feet. Pavement width shall be a
minimum of 22 feet for two-way traffic.
b. Internal roads that run parallel to water management lakes or detention
areas shall be located a minimum of 20 feet from the top of bank or control elevation,
whichever is greater.
4.6 TRANSPORTATION
a. All traffic control devices, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation (FDOT) Manual of
Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current
edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition.
All other improvements shall be consistent with and as required by the Land
Development Code. (LDC)
b. Arterial level street lighting shall be provided at all access points. Access
lighting shall be in place prior to the issuance of the first certificate of occupancy (CO).
c. Access points, including both driveways and proposed streets, shown on
the PUD Master Plan are considered to be conceptual. Nothing depicted on any such
Master Plan shall vest any right of access at any specific point along any property
frontage. All such access issues shall be approved or denied during the review of
required subsequent site plan or final plat submissions. All such access shall be
consistent with the Collier County Access Management Policy (Res. 01-247), as it may
be amended from time to time, and with the Collier County Long-Range Transportation
Plan. The number of access points constructed may be less than the number depicted
on the Master Plan; however, no additional access points shall be considered unless a
PUD Amendment is to be processed,
d. Site-related improvements (as apposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by Collier County,
shall not be eligible for impact fee credits. All required improvements shall be in place
and available to the public prior to the issuance of the first CO.
e. Road impact fees shall be paid in accordance with the applicable Impact
Fee Ordinance, as it may be amended.
13
I 8 E
f. All work within Collier County rights-of-way or public easements shall
require a right-of-way permit.
g. All proposed median opening locations shall be in accordance with the
Collier County Access Management Policy (Resolution No. 01-247), as it may be
amended, and the Land Development Code, as it may be amended. Collier County
reserves the right to modify or close any median opening existing at the time of approval
of this CPUD which is found to be adverse to the health, safety and welfare of the public.
Any such modifications shall be based on, but are not limited to, safety, operational
circulation, and roadway capacity.
h. Nothing in any development order shall vest a right of access in excess of
a right in/right out condition at any access point. Neither shall the existence of a point of
ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis
for any future cause of action for damages against the County by the developer, its
successor in title, or assignee.
i. All internal roads, driveways, alleys, pathways, sidewalks and
interconnections to adjacent developments shall be operated and maintained by an
entity created by the developer and Collier Country shall have no responsibility for
maintenance of any such facilities.
j. If any required turn lane improvement requires the use of an existing
County right-of-way or easement, compensating right-of-way shall be provided without
cost to Collier County as a consequence of such improvement.
k. If, in the sole opinion of Collier County, a traffic signal, or other traffic
control device, sign or pavement marking improvement within a public right-of-way or
easement is determined to be necessary, the cost of such improvement shall be borne
by the developer and shall be paid to Collier County before the issuance of the first CO.
I. Adjacent developments have been designed to provide shared access or
interconnections with this development. The CPUD Master Plan indicates these
locations. The developer, or assigns, shall provide the interconnection upon approval of
the first development order.
m. The developer shall dedicate to Collier County, as of the effective date of
this ordinance and without severance damages, 12 feet of property along the eastern
boundary of the CPUD for Whippoorwill Lane improvements as depicted on the
attached CPUD Master Plan.
n. Prior to the issuance of a development order, updated traffic analysis will
be performed by the developer for the intersection of Whippoorwill Lane and Pine Ridge
Road. The additional analysis shall outline improvements that are required to address
the intersection failing movements. The developer shall dedicate the right-of-way
reservation area as shown on the CPUD Master Plan to facilitate the improvements. No
COs shall be issued until all intersection improvements have been completed. Should
the developer improve the intersection as outlined in the traffic analysis, the County will
reimburse the developer in the form of impact fee credits for all improvements above its
fair share. Site related improvements shall not be eligible for impact fee credits.
14
BE
o. A perpetual use easement will be dedicated to the County, in accordance
with the CPUD Master Plan, to provide access from Whippoorwill Lane to the Pine Ridge
Center to the West. Prior to issuance of a development order, the easement shall be
recorded with Collier County. The recording information shall be provided as part of the
D.O. application.
p. Improvements to the intersection of Pine Ridge Road and Whippoorwill
shall be completed prior to the first CO being issued for the subject property. The
property owner shall be responsible for his fair share of the cost of the intersection
improvements. Should the developer be required to improve the intersection, projects
that contribute to the intersection traffic will be required by County Staff to reimburse the
property owner for the intersection analysis, design and construction based on a fair
share formula determined at the time of Development Order.
4.7 WATER MANAGEMENT
a. In accordance with the Rules of the South Florida Water Management
District (SFWMD), Chapters 40E-4 and 40E-40 Florida Administrative Code, this project
shall be designed for a storm event of 3-day duration and 25-year return frequency and
shall be reviewed and permitted by the SFWMD unless deligated to Collier County by
SFWMD.
4,8 UTILITIES
a. County water service is available via a 12-inch water main located along
Pine Ridge Road. The developer is responsible to tap the main to provide both potable
water and fire fighting capability to the site.
b. County sewer service is available via an 8-inch force main located along
Pine Ridge Road. The developer is responsible for providing the necessary connections
to supply the site with County sewer service.
c. All facilities extended to the site and which lie in platted rights-of-ways
shall be owned and maintained by the Collier County Water/Sewer District. The
facilities, whether owned and maintained by the District or privately owned, shall be
reviewed and installed in accordance with the requirements of applicable County
ordinances and all federal, state and other existing rules and regulations,
4.9 ENGINEERING
a. Work within rights-of-way shall meet the requirements of Collier County
Right-Of-Way Ordinance.
4.10 ENVIRONMENTAL
a. An appropriate portion of the native vegetation shall be retained on site as
required by the Land Development Code. For this site, a minimum of 15% of the
existing native vegetation shall be preserved onsite, a minimum of 1.16 acres.
15
b. Storm water run-off shall not discharge directly into the preserve without
p re- treatment.
4.11 LANDSCAPING FOR OFF-STREET AREAS
All landscaping for off-street parking areas shall be in accordance with the Land
Development Code in effect at the time of building permit application.
4.12 DEVIATIONS
a. The landscape buffer immediately adjacent to the 12 foot right-of-way
reservation along Whippoorwill Lane shall be reduced to 10 feet in width
but shall contain the plantings within the required 20 foot Type 'D' Buffer.
b. The perpetual use easement shown on the CPUD Master Plan will not
require sidewalks in accordance with Section 6.06.02 of the Land
Development Code. Sidewalks shall be provided in accordance with
Exhibit 'C', Sidewalk Exhibit for that area of the project including the
perpetual use easement northward. Subsequent development shall
comply with Section 6,06.02 as amended.
16
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TYPICAL LAKE SECTION
rH.S.
EXHIBITC
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-06
Which was adopted by the Board of County Commissioners
on the 23rd day of January, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of January, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
L4w ~dC..
By: Ann Jennejohn,
Deputy Clerk
"
"
. .
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
, 86
To: CLerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other:
(Displa:)' Adv" location, etc.)
*.....~*.*.********......*.*...........*..............................
Petition No, (If none, give brief description): PUDEX-2006-AR-9610, Terafin
Date: & - 0/'- <!:> <=-
Origina1ing Deptl Div: Comm.Dev,Serv./ Planning Person: Melissa Zone
Petitioner: (Name & Address): Hole Montes, Inc., 950 Encore Way, Naples, FL 34110
Name &. Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC
BZA
Other
Requested Hearing date:
9/26/06 Based on advertisement appearing ~ days before hearing.
Newspa.per(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include, legal description & common location & Size): Petition: PUDEX-2006-AR-9610, G.L. Homes of
Naples II Corporation, represented by Robert Duane, of Hole Montes, is requesting two 2-year PUD Extensions for the
Terafina PUD (Ordinance 04-15) which is scheduled to sunset on March 9, 2007. The subject property, consist of 636.8 acres
and is located 1 mile north of Immokalee Road, north of the Olde Cypress PUD; and east of Quail Creek, in Section 16,
Township 48 South, Range 26 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
113-]38312-649] 10
No If Yes, what account should be charged for advertising costs:
Reviewed by:
Approved by:
Department Head
Date
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or
request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will
distribute copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file,
...........**...**...**..............*...................................................*...**.
FORCLERK'~_I~~~~~SEONLY: it'",. /'a. n II'" I
Date Received:~ Date of Public hearing:~ Date Advertised: ~ O(p
86 fil
RESOLUTION 06- ~
A RESOLUTION BY THE BOARD OF COUN1Y
COMMISSIONERS OF COlLIER COUN1Y, FLORIDA,
PURSUANT TO SECTION 10.02.13.0. OF 11m COllIER COUN1Y
LAND DEVELOPMENT CODE REQUESTING TWO 2-YEAR PUD
EXTENSIONS FOR TIlE 1'BRAFJNA PUD (ORDINANCE 04-15)
wmCH IS SCHEDULED TO SUNSET ON MARCH 9, 2007,
EXTENDlNOnm CURRENT PUD APPROY AL TO MARCH 9,
2011; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Tcratina PUD, Ordinance 04-15 adopted on March 9, 2004, is 8U~ject to tho provisions
ofSoction IO.02.13D., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts
together with their respective Master Plans; and
WHBREAS, the Terafiu PUD W88 adopted consistent with and under tho provisioDB of the Collier
County Growth Manlgement PIu; and
WHEREAS, the Board of County CommissUmors has reviewed tho PUD and has determined two 2-year
PUD Extensions for the Terafina PUD (Ordinaoce 04-1S) which is scheduled to sunset on March 9,
2007, until March 9, 2011; and
NOW, THEREFORE BE IT RESOLVED By Tho Board of Zoning Appeals of Collier County, Florida,
that:
I. The above recitals are adc:lped herein by referenco as iffully set forlh herein.
2. This RA!Illolution shall COIIStitute evldcDCe of compliance with the rovitlW requirementlJ of
Se.cti.on 10.02. J 3,D. of the LOC.
3. PursUllllt 10 said section of the LOC, tho current PUD approval is hnby extended to March
9, 20 II; at the end of which time the OWDOl' .haJl submit to the procedures in LDC Section
IO.02.J3D,
This Resolution .hall becomo effective immodiamly upon its approval.
BE IT FURTIIER RESOLVED that lhis Resolution be recorded in tho minutes of chis Board and in the
recorda of tile Petition tor which dlo oxtenllion is granted.
This Resolution adopted IItblr motion, second !liJd m~ority vote.
Done this
day of
.2006.
.AiTEST:
DWIGHT B. BROCK, Cletk
BOARD OF COUNTY COMMISSIONERS
COLLffiR COUN'IY, FLORIDA
FRANK HALAS, CHAlRMAN
PUDE}(- lo.t.a.4lr11J1
8G
,
,I
I
September 1, 2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: Notice of Public Hearing to Consider Petition
PUDEX-2006-AR-9610, Terafina PUD
Dear Legals:
Please advertise the above referenced petition on Sunday, September 10, 2006, and
kindly send the Affidavit of Publication, in duplicate, together with charges involved
to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
P.O.lAccount # 113-138312-649110
8G
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of Collier
County will hold a public hearing on Tuesday, September 26, 2006 in the
Boardroomr 3rd Floorr Administration Buildingr Collier County Government
Centerr 3301 East Tamiami Trailr Naplesr Florida. The meeting will begin
at 9:00 A.M.
The Board will consider Petition PUDEX-2006-AR-9610, G.L. Homes of Naples
II Corporationr represented by Robert Duaner of Hole Montesr is requesting
two 2-year PUD Extensions for the Terafina PUD (Ordinance 04-15) which is
scheduled to sunset on March 9, 2007. The subject property, consists of
636.8 acres and is located 1 mile north of Immokalee Road, north of the
Olde Cypress PUDi and east of Quail Creekr in Section 16r Township 48
South, Range 26 East, Collier County, Florida.
NOTE: All Persons wishing to speak on any agenda item must register with
the County Administrator prior to presentation of the agenda item to be
addressed. Individual speakers will be limited to 5 minutes on any item.
The selection of an individual to speak on behalf of an organization or
group is encouraged. If recognized by the Chair, a spokesperson for a
group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board
agenda packets must submit said material a minimum of 3 weeks prior to the
respective public hearing. In any caser written materials intended to be
considered by the Board shall be submitted to the appropriate County staff
a minimum of seven days prior to the public hearing. All material used in
presentations before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record
of the proceedings pertaining thereto and thereforer may need to ensure
that a verbatim record of the proceedings is mader which record includes
the testimony and evidence upon which the appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALASr CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Dillardr Deputy Clerk
( SEAL)
86 "
September 1, 2006
Hole Montes, Inc.
950 Encore Way
Naples, Florida 34110
Re: Notice of Public Hearing to Consider Petition
PUDEX-2006-AR-9610, Terafina pun
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, September 26, 2006 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, September 10,
2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Teresa Dillard,
Deputy Clerk
Enclosure
Bee HEARING AFFADA VIT
r'-p (A.] ~I ,.- 00 F\ \f< - CJ ro 1 0
'8G
II
II f' ~". '.bl I b
d9'.Cf ~ T-'\
For Bee Meeting Date: 9 ( 7- \p I 0 lP
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
!fa
'lei
'~J
To: C I trk to the Board: Please place the following as a:
XXX Normal Legal Advertisement Other:
(Displa:) Adv" location, etc.)
*****k i***************************************************************
Date: ~ - 9- 6~
Origina1ing Dept! Div: Comm,Dev.Serv.l Planning Person: Melissa Zone
Petition. No, (If none, give brief description): PUDEX-2006-AR-9610, Terafin
Petitiorur: (Name & Address): Hole Montes, Inc., 950 Encore Way, Naples, FL 34110
Name &Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing; before BCC
BZA
Other
Requested Hearing date:
9/26/06 Based on advertisement appearing ~ days before hearing.
Newspa.per(s) to be used: (Complete only if important):
XXX N'aples Daily News
Other
Legally Required
Proposed Text: (Include, legal description & common location & Size): Petition: PUDEX-2006-AR-9610, G.L. Homes of
Naples II Corporation, represented by Robert Duane, of Hole Montes, is requesting two 2-year PUD Extensions for the
Terafin ~ PUD (Ordinance 04-15) which is scheduled to sunset on March 9, 2007. The subject property, consist of 636.8 acres
and is located 1 mile north of Immokalee Road, north of the Olde Cypress PUD; and east of Quail Creek, in Section 16,
Townsh ip 48 South, Range 26 East, Collier County, Florida,
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
113-131012-649110
No If Yes, what account should be charged for advertising costs:
Reviewed by:
J~llJ;LUA.-U4 !JuULJ 6 {R lea,
./Department Head Date
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or
request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will
distribute copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received:
Date of Public hearing:
Date Advertised:
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
86
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement Other:
(Displa:) Adv., location, etc,)
*****~ i*****************************************************************************************
Date: ~-cf-6~
Origina1ing DeptJ Div: Comm.Dev,Serv.l Planning Person: Melissa Zone
Petition. No, (If none, give brief description): PUDEX-2006-AR-96 1 0, Terafin
Petitioner: (Name & Address): Hole Montes, Inc" 950 Encore Way, Naples, FL 341 lO
Name ~Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC
BZA
Other
Requested Hearing date:
9/26/06 Based on advertisement appearing ~ days before hearing.
Newsp3..per(s) t? be used: (Complete only if important):
XXX N"aples Daily News
Other
Legally Required
Proposed Text: (Include. legal description & common location & Size): Petition: PUDEX-2006-AR-9610, G.L. Homes of
Naples 11 Corporation, represented by Robert Duane, of Hole Montes, is requesting two 2-year PUD Extensions for the
Terafin:J PUD (Ordinance 04-15) which is scheduled to sunset on March 9, 2007. The subject property, consist of 636.8 acres
and is located 1 mile north of Immokalee Road, north of the Olde Cypress PUDj and east of Quail Creek, in Section 16,
Townsh ip 48 South, Range 26 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
113-13g 312-649110
No If Yes, what account should be charged for advertising costs:
Reviewed by:
J~, /1LL~ IJtzULJ 6 {R lea,
./Department Head ,Date
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or
request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will
distribute copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received:
Date of Public hearing:
Date Advertised:
~">I:""f""
...- :-"::,,,."",:;,,:;;,/;;.,:,::,:
~ - ,-
~
RESOLUTION 06-
,
8G
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....-
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-
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
PURSUANT TO SECTION lO.02.l3.D. OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE REQUESTING TWO 2- YEAR POO
EXTENSIONS FOR THE TERAFINA POO (ORDINANCE 04-15)
WHICH IS SCHEDULED TO SUNSET ON MARCH 9, 2007,
EXTENDING THE CURRENT PUD APPROVAL TO MARCH 9,
2011; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Terafina POO, Ordinance 04-15 adopted on March 9, 2004, is subject to the provisions
of Section lO,02.13.D., of the Land Development Code (LDC), Time Limits for Approved POO Zoning Districts
together with their respective Master Plans; and
WHEREAS, the Terafina POO was adopted consistent with and under the provisions of the Collier
County Growth Management Plan; and
WHEREAS, the Board of County Commissioners has reviewed the POO and has detennined two 2-year
pun Extensions for the Terafina pun (Ordinance 04-15) which is scheduled to sunset on March 9,
2007, until March 9, 2011; and
NOW, THEREFORE BE IT RESOLVED By The Board of Zoning Appeals of Collier County, Florida,
that:
1. The above recitals are adopted herein by reference as if fully set forth herein.
2. This Resolution shall constitute evidence of compliance with the review requirements of
Section 10.02.l3.D. of the LDC.
3. Pursuant to said section of the LDC, the current POO approval is hereby extended to March
9,2011; at the end of which time the owner shall submit to the procedures in LDC Section
lO.02.13.D.
This Resolution shall become effective immediately upon its approval.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the
records of the Petition for which the extension is granted.
This Resolution adopted after motion, second and majority vote.
Done this
day of
,2006.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
PUDEX-2006-AR-9610. Terafina
Page 1 of 1
Teresa L. Dillard
86
From: martin_c [CeciliaMartin@colliergov,net]
Sent: Thursday, August 24, 2006 3:31 PM
To: Teresa L. Dillard
Subject: RE: PUDEX-2006-AR-9610, Terafina
Thanks
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collierJl.us]
Sent: Thursday, August 24,20063:11 PM
To: legals@naplesnews.com
Cc: ZoneMelissa; martin_c
Subject: PUDEX-2006-AR-9610, Terafina
Legals,
Please KILL the following ad - PUDEX-2006-AR-9610, Terafina PUD that was to run on Sunday September 10,
2006.
Any questions please give me a call. Thank you
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Dillard@clerk.collier.fl.us)
8/24/2006
Page 1 of 1
Patricia L. Morgan
8G
~ '1 :s
From: martin_c [CeciliaMartin@colliergov.net]
Sent: Thursday, August 24,20062:16 PM
To: Minutes and Records
Cc: Brock, Mary; Filson, Sue; Johnson, Connie; Phillips, Sharon; ZoneMelissa
Subject: RE: PUDEX-06-AR-9610 Terafina PUD
Per Melissa Zone's E-mail, please kill the ad for this petition. Please verify this has been done. Thanks
From: ZoneMelissa
Sent: Thursday, August 24, 2006 1 :40 PM
To: martin_c; phillips_s
Subject: PUDEX-06-AR-9610 Terafina PUD
The above petition has been cancelled for the Sept. 26, 2006 BCC hearing. A new date to be determined
(possibly Oct). Since advertisement hasn't been sent do I need to notify clerks office?
Melissa Zone
Principal Planner
Department of Zoning & Land Development Review
2800 N. Horseshoe Dr.
Naples, FL 33104
239-213-2958
8/2412006
86
Teresa L. Dillard
To:
Cc:
Subject:
legals@naplesnews.com
ZoneMelissa; Martin, Cecilia
PUDEX-2006-AR-9610, Terafina
Legals,
Please KILL the following ad - PUDEX-2006-AR-9610, Terafina PUD that was to run on Sunday September 10, 2006. Any
questions please give me a call. Thank you
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa.Dillard@clerk.collier.fl.us)
1
Teresa L. Dillard
I
\, -
()
From:
To:
Sent:
Subject:
System Administrator
Martin, Cecilia; ZoneMelissa
Thursday, August 24, 2006 3:11 PM
Delivered:PUDEX-2006-AR-9610, Terafina
Your message
To:
Cc:
Subject:
Sent:
legals@naplesnews,com
ZoneMelissa; Martin, Cecilia
PUDEX-2006-AR-961O, Terafina
8/24/20063:11 PM
was delivered to the following recipient(s):
Martin, Cecilia on 8/24/2006 3:11 PM
ZoneMelissa on 8/24/2006 3:11 PM
1
Teresa L. Dillard
86
From:
Sent:
To:
Subject:
Clerk Postmaster
Thursday, August 24,20063:11 PM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
ATT1120191.txt; PUDEX-2006-AR-9610, Terafina
[J
ATT1120191.txt PUDEX-2006-AR-96
(231 B) 10, Terafina
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
8 Gt 1
Teresa L. Dillard
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews,com]
Thursday, August 24, 2006 3:11 PM
Teresa L. Dillard
Delivered: PUDEX-2006-AR-9610, Terafina
Attachments:
PUDEX-2006-AR-9610, Terafina
B
PUDEX-2006-AR-96
10, Terafina
<<PUDEX-2006-AR-9610, Terafina>> Your message
To:
Cc:
Subject:
Sent:
legals@naplesnews.com
ZoneMelissa; Martin, Cecilia
PUDEX-2006-AR-9610, Terafina
Thu, 24 Aug 2006 15:11:04 -0400
was delivered to the following recipient{s):
legals on Thu, 24 Aug 2006 15:11:09 -0400
1
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
8G
I
{
1
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement Other:
(Display Adv., location, etc.)
****************************************************************~' *******************i:*****
Originating Deptl Div: Comm,Dev.Serv./ Planning Person: Melissa zone,,~:(~1:. :.----" Date: I / 'ro '7
,/
Petition No. (If none, give brief description): PUDEX-2006-AR-9610, Te ina D
Petitioner: (Name & Address): Hole Montes, Inc., 950 Encore Way, Naples, FL 34110
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC
BZA
Other
Requested Hearing date:
1/23/07
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size): Petition: PUDEX-2006-AR-9610, G.L. Homes of
Naples II Corporation, represented by Robert Duane, of Hole Montes, is requesting two 2-year PUD Extensions for the
Terafina PUD (Ordinance 04-15) which is scheduled to sunset on March 9, 2007. The subject property, consist of 636.8 acres
and is located 1 mile north of Immokalee Road, north of the Olde Cypress PUD; and east of Quail Creek, in Section 16,
Township 48 South, Range 26 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
113-138312-649110
No If Yes, what account should be charged for advertising costs:
Reviewed by:
II, "\ ,,) L7,c7"'" Ij:",.~' ),J. ")~ ' ,,) ,,,,;/ I~' ~. f7
i.L_-,-,:,,~:u /") ,I - _ ,,... - l.{:,. . " ", I,. ' ,
Department Head Date
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or
request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will
distribute copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Reoe;ved; ~ Date of Public hoa"ng; ~Date Advertised; ~ q
86
RESOLUTION 07-
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
PURSUANT TO SECTION 10.02.13,0. OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE, GRANTING APPLICANT'S
REQUEST FOR TWO 2- YEAR PUD EXTENSIONS FOR THE
TERAFINA PUD (ORDINANCE 04-15), WHICH IS SCHEDULED
TO SUNSET ON MARCH 9, 2007, THEREBY EXTENDING THE
CURRENT PUD APPROVAL TO MARCH 9, 2011; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Terafina PUD, Ordinance 04-15 adopted on March 9, 2004, is subject to the provisions
of Section 10.02.13.0" of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts
together with their respective Master Plans; and
WHEREAS, the Terafina PUD was adopted consistent with and under the provisions of the Collier
County Growth Management Plan; and
WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined to grant
Applicant's request for two 2-year PUD Extensions for the Terafina PUD (Ordinance 04-15), which is
scheduled to sunset on March 9,2007, thereby extending the PUD until March 9, 2011.
NOW, THEREFORE BE IT RESOLVED by The Board of County Commissioners of Collier County,
Florida, that:
1. The above recitals are adopted herein by reference as if fully set forth herein,
2, This Resolution shall constitute evidence of compliance with the review requirements of
Section 10.02.13,0. of the LDC.
3. Pursuant to said section of the LDC, the current PUD approval is hereby extended to March
9, 2011, at the end of which time the owner shall submit to the procedures in LDC Section
1O,02,13.D.
This Resolution shall become effective immediately upon its approval.
BE IT 'FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the
records of the Petition for which the extension is granted,
This Resolution adopted after motion, second and super majority vote.
Done this
day of
,2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
, CHAIRMAN
Sufficiency:
PUDEX-20 6-AR-961O/MZ/hrlsp
Page 1 of 1
Patricia L. Morgan
8G
~~~_~_~~~~._~~~^~_N_~~__~~~~~"-_A-_~~~~~^'~~_~"~___'~"_'~~~~~^_'_'_^=~~A~'~"~",,,,~^,~~_
Sent:
To:
From: ZoneMelissa [MelissaZone@colliergov,net]
Tuesday, January 02, 2007 9:59 AM
Bellows, Ray; Brock, Mary; Carrel Danelle; Filson, Sue; Johnson, Connie; Martin, Cecilia; Minutes
and Records; Phillips, Sharon; Sanders, Bob
Cc: Bob Duane
Subject: PUDZ-2006-AR-9610 Terafina
The petitioner for PUDZ-2006-AR-961 0 Terafina is requesting to be added to the January 23, 2007 BCC hearing.
Melissa Zone
Principal Planner
Department of Zoning & Land Development Review
2800 N. Horseshoe Dr.
Naples, FL 33104
239-213-2958
1/2/2007
Page 1 of 1
Teresa L. Dillard
86
_'~U_~_~~~~~~~~~~_,,~~~~~~_"__,~~_"'^'~'~_^'''~_'~_'N_'' ,~.,.~",~~.~^"".,^~.__.v~"o'~~"~~'^"~~~'_'~'___'~ ""_~'~_~~"~^U_~___..~~~'~~N~~~'^U__~_U._^.__"._'_'~~~=~-~"'~.
Sent:
To:
From: ZoneMelissa [MelissaZone@colliergov,net]
Tuesday, January 02, 2007 9:59 AM
Bellows, Ray; Brock, Mary; CarrelDanelle; Filson, Sue; Johnson, Connie; Martin, Cecilia; Minutes
and Records; Phillips, Sharon; Sanders, Bob
Cc: Bob Duane
Subject: PUDZ-2006-AR-9610 Terafina
The petitioner for PUDZ-2006-AR-961 0 Terafina is requesting to be added to the January 23, 2007 BCC hearing,
Melissa Zone
Principal Planner
Department of Zoning & Land Development Review
2800 N, Horseshoe Dr.
Naples, FL 33104
239-213-2958
1/2/2007
86
January 2, 2007
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: Notice of Public Hearing to Consider Petition
PUDEX-2006-AR-9610, Terafina PUD
Dear Legals:
Please advertise the above referenced petition on Sunday, January 7, 2007, and
kindly send the Affidavit of Publication, in duplicate, together with charges involved
to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
P.O.JAccount # 113-138312-649110
86
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of Collier
County will hold a public hearing on Tuesday, January 23, 2007 in the
Boardroom, 3rd Floor, Administration Building, Collier County Government
Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at
9:00 A.M.
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, PURSUANT TO SECTION 10.02.13.D. OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE, GRANTING APPLICANT'S REQUEST FOR TWO 2-YEAR PUD
EXTENSIONS FOR THE TERAFINA PUD (ORDINANCE 04-15) WHICH IS SCHEDULED TO
SUNSET ON MARCH 9, 2007, THEREBY EXTENDING THE CURRENT PUD APPROVAL TO
MARCH 9, 2011; PROVIDING AN EFFECTIVE DATE.
The Board will consider Petition PUDEX-2006-AR-9610, G.L. Homes of Naples
II Corporation, represented by Robert Duane, of Hole Montes, is requesting
two 2-year PUD Extensions for the Terafina PUD (Ordinance 04-15) which is
scheduled to sunset on March 9, 2007. The subject property, consists of
636.8 acres and is located 1 mile north of Immokalee Road, north of the
Olde Cypress PUD; and east of Quail Creek, in Section 16, Township 48
South, Range 26 East, Collier County, Florida.
NOTE: All Persons wishing to speak on any agenda item must register with
the County Administrator prior to presentation of the agenda item to be
addressed. Individual speakers will be limited to 5 minutes on any item.
The selection of an individual to speak on behalf of an organization or
group is encouraged. If recognized by the Chair, a spokesperson for a
group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board
agenda packets must submit said material a minimum of 3 weeks prior to the
respective public hearing. In any case, written materials intended to be
considered by the Board shall be submitted to the appropriate County staff
a minimum of seven days prior to the public hearing. All material used in
presentations before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record
of the proceedings pertaining thereto and therefore, may need to ensure
that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Dillard, Deputy Clerk
Dwight E. Brock
Clerk of Courts
'GQi!p.ty-ofC()llier
CLERK OF iHE-C~RCtJ:IT COURT
COLLIER COUNTY qo,l URTj~p" USE
3301 TAMIAMI T~IL EAtT
P.O. BOX 4~~044 \,
NAPLES, FLORlDA\31101-3Q44
\!l .
v I
.:,-
8G
f~'~
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
-::,;--...
January 2, 2007
;, (
'_' _-,1
?
Robert Duane
Hole Montes, Inc.
950 Encore Way
Naples, Florida 34110
Re: Notice of Public Hearing to Consider Petition
PUDEX-2006-AR-9610, Terafina PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 23, 2007 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 7, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E.~, CLERK
~~, Uud{C
Deputy Clerk
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
Teresa L. Dillard
8G
To:
Subject:
legals@naplesnews.com
PUDEX-2006-AR-9610
Attachments:
PUDEX-2006-AR-9610.doc; PUDEX-2006-AR-9610.doc
Legals,
Please advertise the following on Sunday, January 7,2007. Any questions, please contact me.
Thank you
PUDEX - 2006-AR-96 PU DEX - 2006-AR -96
lO,doc (27 KB)... lO.doc (27 KB)...
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(T eresa. Dillard@Clerk.collier.fl.us)
1
88
Teresa L. Dillard
From:
Sent:
To:
Subject:
ClerkPostmaster
Tuesday, January 02, 20074:23 PM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
ATT2564204.txt; PUDEX-2006-AR-9610
~
B
ATT2564204.txt PUDEX-2006-AR-96
(231 B) 10
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Teresa L. Dillard
Of'
i)Ui!~::; 'i:
,.,J <i..,.:
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews,com)
Tuesday, January 02, 2007 4:23 PM
Teresa L. Dillard
Delivered: PUDEX-2006-AR-9610
Attachments:
PUDEX-2006-AR-9610
D:2J,..""
\ .,'
,,,-.,',
PUDEX-2006-AR-96
10
<<PUDEX-2006-AR-9610>> Your message
To: legals@naplesnews.com
Subject: PUDEX-2006-AR-9610
Sent: Tue, 2 Jan 2007 16:22:29 -0500
was delivered to the following recipient(s):
legals, NDN on Tue, 2 Jan 2007 16:22:38 -0500
1
PUDEX-2006-AR-9610
Teresa L. Dillard
From: Riley, Becky [rjriley@naplesnews.com]
Sent: Tuesday, January 02,20074:53 PM
To: Teresa L. Dillard
Subject: RE: PUDEX-2006-AR-9610
OK Jan, 7
From: Teresa L. Dillard (mailto:Teresa.Dillard@c1erk.collier.fl.us]
Sent: Tuesday/ January 02/ 2007 4:22 PM
To: legals@naplesnews.com
Subject: PUDEX-2006-AR-9610
Legals,
Please advertise the following on Sunday, January 7,2007. Any questions, please contact me.
Thank you
<<PUDEX-2006-AR-9610.doc>> <<PUDEX-2006-AR-9610.doc>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Dillard@clerk.collier.fl.us)
1/2/2007
Page 1 of 1
8
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Pu blication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared B. Lamb, who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper I time in the issue
on January 7ili
2007
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of 1
year 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
puhli~';oo ;0 "';;','id =iP~
( Signature of affiant)
Sworn to and subscribed before me
This 7 day of January, 2007
~
~-, 2-O~r
(Signature of notary public)
.p"'~~~' .~'t
.... . "..
. .
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~. ',""
"~()ff\.OO;~'"
;'4<Aary ~ubk State o~ ~Iorida
SUSc."':: r:-:Crr
~\~y Curflin~ss!ut"' ~)i>J8272g
U1IG212(!US;
FEI 59-2578327
86
hP~T.o.,ns, wishIng ,tOI
a\'e~wror Gl'liDhIc
materIa, CluCledln
tlle . ..nde pac:f(..
ets mint, SlIbmlthld I
material a minimum Of 3
'weeks prior to the re-
IPec:tI lve public hearing.
l~,f::~ c
'S
cons
shall _.
:t'!"--a ' County I
...., of leV-
e~ da ,r to the
fer" ,All ma.
tlon$ Prtsenta.
I"..,. , ore thll Soard I
~",.totne ..ma-
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COMMISSIONER HENNING: Aye.
CHAIRMAN HALAS: Opposed, by like sign?
(No response.)
CHAIRMAN HALAS: Motion carries.
Item #8A
RESOLUTION 2006-199: PUDEX-2005-AR-8478: ROOKERY
BAY BUSINESS PARK, LLC, REPRESENTED BY WAYNE
ARNOLD, OF Q. GRADY MINOR AND ASSOCIATES, P.A. AND
R. BRUCE ANDERSON, OF ROETZEL & ANDRESS,
REQUESTING A TWO-YEAR EXTENSION TO THE ASGM
BUSINESS CENTER OF NAPLES PUD FROM OCTOBER 8, 2005
TO OCTOBER 8, 2007. THE SUBJECT PROPERTY,
CONSISTING OF 40.88 ACRES, IS LOCATED ON THE EAST
SIDE OF COLLIER BOULEVARD (CR 951 ), APPROXIMATELY
ONE-QUARTER OF A MILE SOUTH OF MANATEE ROAD, IN
SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
. COLLIER COUNTY. FLORIDA - ADOPTED
MR. MUDD: Commissioner, that brings us to land use petitions.
And we have -- we have two items before you today, and we'll start
with 8A and that's at petitioner's choice, because he would like to do
8A first, and if need be, go to 7 A.
Number 8A is, this item to be heard before item 7 A. This
petition was continued from the -- February 14,2006, and was further
continued to June 20, 2006, and has been further continued until this
meeting, July 25, 2006.
This item requires that all participants be sworn in and ex parte
disclosure be provided by commission members.
It's PUDEX-2005-AR-8478, Rookery Bay Business Park, LLC,
represented by Wayne Arnold of Q. Grady Minor & Associates, P .A.,
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July 25, 2006
and R. Bruce Anderson of Roetzel and Andress, requesting a two-year
extension to the ASGM Business Center of Naples PUD from October
8, 2005, to October 8, 2007.
The subject property consisting of 40.88 acres is located on the
east side of Collier Boulevard, County Road 951, approximately one
quarter of a mile south of Manatee Road in Section 10, Township 51
south, Range 26 east, Collier County, Florida.
COMMISSIONER COLETTA: I see Mr. Mudd's hand went up
first.
MR. MUDD: No, I'm just -- I'm done reading.
COMMISSIONER COYLE: Swearing in.
MR. MUDD: You can swear in. You've got to get ex parte
disclosure.
CHAIRMAN HALAS: Oh, I'm sorry. I was just trying to get--
COMMISSIONER FIALA: He was enamored with his little
lights here. He was just playing.
CHAIRMAN HALAS: Yeah. Okay. All those that are going to
give testimony in this case please rise to be sworn in.
(The speakers were duly sworn.)
CHAIRMAN HALAS: Okay. At this time any disclosures by
the commissioners~ and 1'11 start with Commissioner Coy Ie.
COMMISSIONER COYLE: Okay. I have had meetings with
the representatives of the petitioner, I also have received
correspondence, and the correspondence is in my file available for
inspection.
CHAIRMAN HALAS: Okay.
COMMISSIONER COLETTA: Yes. And I have also met with
the petitioners, Mr. Anderson and Mr. Arnold, and have received
emails, which are in my file for anyone that would like to see them.
CHAIR_M_AN HALAS: All right. On item A, I only received
emails and phone calls, and I've talked with staff on this.
Commissioner Fiala?
Page 154
July 25, 2006
COMMISSIONER FIALA: Yes. I've received phone calls, I've
met with the petitioner's agents a few times, I've called a couple of
them just to ask some questions. I've spoken to staff and I've spoken
to the petitioner.
I think I've got everybody.
CHAIRMAN HALAS: Okay. Commissioner Henning?
COMMISSIONER HENNING: I spoke to, briefly, Mr.
Anderson and received a correspondence from Deborah Wright.
CHAIRMAN HALAS: Please proceed.
MR. ANDERSON: Good afternoon, Mr. Chairman,
Commissioners. For the record, my name is Bruce Anderson from the
Roetzel and Andress law firm, and I represent the applicant. One of
their principals is here with me today, Maury Daily. Also present is
Wayne Arnold; Reed Jarvi, the transportation planner, Andrew
Woodruff, the Senior Ecologist with Passarella & Associates, and my
partner, Doug Lewis.
Agenda items 7 A and 8A are companion petitions for this
business park PUD. I would note that it is the only business park PUD
approved in the county since the Growth Management Plan was
amended in the early part of this decade to specifically encourage
business parks.
This business park was approved in October 2002, but someone
forgot to attach the PUD master plan to the PUD ordinance, and so the
PUD had to be amended six months later in April 2003, to attach the
required PUD master plan to the ordinance. And we believe that the
PUD sunset time period is measured from that April 2003 amendment
when the PUD master plan was added.
Between the two companion petitions, a PUD extension request
and the separate one, an appeal of an interpretation, there are three
issues that are scheduled to be heard today; however, one of the issues
is a basic preliminary issue that, depending upon how it is decided, the
other two issues could become moot and would be withdrawn by my
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July 25, 2006
client.
The basic preliminary issue is whether the three-year time period
for this PUD has been tolled or suspended since January 2004 when
the property owner filed a joint environmental permitting application
with the Army Corps of Engineers and the South Florida Water
Management District.
The Land Development Code requires that these permits be in
hand before you can get approval of a Site Development Plan, much
less a building permit.
My client has provided the county with copies of all the
permitting documents for these two agencies, including revisions,
correspondence, et cetera, a total of more than 30 documents, the most
recent of which is dated June 14, 2006, and it is the permit for this
project finally issued by the South Florida Water Management
District.
The Army Corps application is under, hopefully, final review,
and that permit is expected to be issued this fall.
The issues that have caused the environmental permitting delays
are, surprisingly enough, wetlands and panthers.
As staff states in their second supplemental executive summary,
quote, the timeline provided indicates that the applicant did diligently
pursue environmental permits by responding to comments timely and
by contracting for appropriate wetland mitigation credit, unquote.
It's my understanding that staff has separately provided you with
copies of the timeline summary that my client had filed. If by any
chance you don't have that with you and you want a copy, I have extra
caples.
The PUD sunset regulations for all three-year PUDs like this one
state, quote, if in the event of a moratorium or other action of
government that prevents the approval of any final development order,
the duration of a suspension of the approval shall not be counted
toward the three-year sunset provision, unquote. That's language only
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July 25, 2006
a lawyer could love.
The LDC does not prohibit the staff from making this
factually-based tolling determination~ however, based on a prior
county commission workshop from May 2002, it appears to be staffs
understanding that the Bee desires to make this factual determination
on a case-by-case basis instead of allowing staff to do so first, and
then only bringing a tolling determination before the board if the staff
and the petitioner disagree. In this instance, I think we are in
agreement.
We are asking you to recognize that the time period where this
property owner has timely pursued its state and federal environmental
permits, which are under review but delayed, is a quote, action of
government, unquote, that prevent the approval and submission of a
Site Development Plan and that the time period has been -- has tolled
and is not counted towards the three-year sunset limit.
Our clients submitted extensive detailed information and
documentation regarding and demonstrating the delays, given the
significant environmental issues.
I have with me today at least three witnesses who are able to
testify about the actions of the federal, state and county governments
that have prevented the PUD from commencing development, and we
ask you to simply recognize that the time clock for this PUD has been
suspended since January 30, 2004, the date that those environmental
applications were submitted, and that the time clock remains
suspended until the Army Corps of Engineers permit is issued for this
project, which, as I stated earlier, is anticipated to be later this summer
or fall.
And depending on where you measure the PUD timeline from, if
you measure the PUD timeline from the original adoption date of
October 2002, the owner has already used up 14 out of the 36 months.
That means there's less than two years left on the PUD.
Ifhowever, you measure the PUD time line from when we got a
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July 25, 2006
full PUD approved, when the master plan was approved as an
amendment, the owner would have consumed only eight months out
of the 36 months, and that would allow an extra six months within
which to commence development.
I and my witnesses are able to answer any questions that you
may have now or later. I appreciate your attention and respectfully
request your favorable finding.
CHAIRMAN HALAS: Commissioner Coletta?
COMMISSIONER COLETTA: Well, I -- being what it may be
as far as our ordinance goes and the way it's written, I don't see how
we have any other choice than to grant the applicant's request as far as
the -- our own staff comes out and says the applicant provided
additional information to staff on June 30th documenting the extensive
environmental resource permitting process undertaken by the agent for
PUD owner.
So obviously the rules and regulations that we had set up for
them to follow, they have followed. Staff recommendation was not to
refuse this request, it wasn't to grant it either. They left it up to our
own determination.
I, as one commissioner, can see the logic between accepting this
and would like to make a motion at this time that we recognize the
fact that the tolling on this particular item stopped at a point in time
that I'm having a hard time identifying what it should be.
But I do think that we do need to do that so that -- it went beyond
their control and we recognize that in our regular ordinance that at that
point in time is when it should have been froze. Now, I can't tell you
what that date is. If someone could tell me that, I'd be happy to include
it in my motion for possible second.
COMMISSIONER FIALA: Well, I'll give you a second on that
because I totally agree. I was impressed with the difference in the
staffs summary this time, once they'd receive the volumes of
information that they had, which verified all of the time that the
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July 25, 2006
applicant spent trying to get the permit, so I'll second that motion.
COMMISSIONER COLETTA: Can someone go over it one
more time what the choices is -- are for the -- when the tolling stopped
on this particular item or would have stopped? I'm not -- that's one of
the things I'm not sure of.
MR. ANDERSON: I wasn't -- I wasn't, perhaps, clear enough.
The tolling period, it would be our request that you find that it was
January 30, 2004.
COMMISSIONER COLETTA: Why?
MR. ANDERSON: Which is the date that the applications were
submitted to the Army Corps of Engineers and the South Florida
Water Management District permit. The thing that I think was
confusing is, I talked about when you start counting from when the
PUD sunset time started running.
And my request was that you start counting from April 2004,
which is when the PUD master plan was formally officially approved
and attached to the PUD ordinance that had been adopted six months
earlier. We only had a half a PUD.
COMMISSIONER COLETTA: Then 1'11 insert the date of
January 30, 2004, in my motion.
COMMISSIONER FIALA: Okay. And I'll second it.
CHAIRMAN HALAS: I'd like to ask guidance here -- or ask
some guidance here from the County Attorney.
When we make up an ordinance and we say the government,
we're basically including just the county, and I don't see how we can
be held accountable for what goes on in the federal government. Can
you give me some guidance on this?
MR. WEIGEL: I believe -- someone else may chime in, but I
believe that in this instance, as in others, that we're talking about all
government permitting that may be required because we recognize
that their permitting, quite often, is several jurisdictions, local, state
and federal.
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July 25, 2006
MR. KLATZKOW: The workshop that led to this ordinance,
Commissioner, the discussion with federal inaction and state inaction
was specifically discussed by this board, and some of the
commissioners did express actual frustration with how slowly the
process could be from their end.
CHAIRMAN HALAS: Okay. Commissioner Coyle?
COMMISSIONER COYLE: I think fundamentally we probably
have to grant some kind of extension here, but I am -- I'd like some
clarification on the wording.
When we're talking about unreasonable delays by governmental
agency, I think it's necessary that we give some consideration to what
really was the period of the unreasonable delay. The unreasonable
delay can't really be calculated from the day you submit the
application because if you submit the application and it's processed on
a timely basis, let's say within four to six months, that wouldn't be
counted as an unreasonable delay.
So we're left with trying to determine what is a reasonable period
of time to either toll or extend this particular PUD. And I'd like to
pursue that just a little bit further.
Mr. Anderson, you said that the applications were submitted on
January the 30th, 2004, and I think youtre suggesting that the applicant
-- that the PUD was approved, I believe, in October 2003.
MR. ANDERSON: 2002.
COMMISSIONER COYLE: 2002. And so I think you're
suggesting that if we use January of2004, then the applicant would
have used up roughly 14, 15 months of the time. If you use April
2004 -- I'm not sure why we would use April of 2004. Can you tell
me?
MR. ANDERSON: Oh, that was -- when the PUD was originally
approved, the master plan was not attached to the ordinance that was
filed with the secretary of state.
COMMISSIONER COYLE: Yeah. But that didn't slow down
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~\l..\'V- --,..',
July 25, 2006
your application for your Corps of Engineering permit?
MR. ANDERSON: No. They were preparing -- busily
preparing, you know, the engineering drawings and everything like
that.
COMMISSIONER COYLE: So that would have been irrelevant
to any unreasonable delay in getting your permits; is that true?
MR. ANDERSON: Yes, but it would be relevant to when you
start counting the PUD sunset time clock, the three years.
COMMISSIONER COYLE: Yes. Well, you see -- my position
would be, since the failure to attach the Growth Management Plan
provision to the PUD did not in any way delay you in applying for
your Corps permit, that shouldn't extend or change the PUD total
three-year time limit, sunsetting time limit. And what I would suggest
is that we operate from October 2003 as to the time when the PUD
was approved --
CHAIRMAN HALAS: October 2002 when it was --
COMMISSIONER COYLE: -- October 2002 when it was
approved and understand that you submitted your applications for
approval on January 30, 2004.
Now, what portion thereafter was an unreasonable delay, I guess,
is really my question? What would you have expected to be a
reasonable period of time to be able to get that processed? Don't say
three days, but --
CHAIRMAN HALAS: Good point, Commissioner.
MR. WOODRUFF: For the record, Andy Woodruff with
Passarella & Associates, environmental consultants for the project.
I couldn't stand up here and tell you what's reasonable to expect
any more on any particular project, especially if it involves Corps
permitting and if it involves U.S. Fish and Wildlife Service
involvement or FP _A involvement on a project. It just can go on --
we've got projects in-house that I've been working on for years,
literally, I mean, three, four years on a project trying to get resolution
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July 25, 2006
on issues with these agencies, so --
COMMISSIONER FIALA: Sixteen years on LASIP.
MR. WOODRUFF: You know, we like to tell the client that,
sure, you know, if you follow the district's timelines, you should
expect to get out of this within a year, year and a half, but there are so
many unknowns to the permitting process anymore, that trying to
create a time line that's reasonable to expect -- and we involve these
other agencies, and ultimately you're trying to get one permit that
matches, you know, each of the different agencies' requirements that,
at the end of the day, you've got to come up with a plan that works for
everybody.
COMMISSIONER COYLE: Well, based upon what you just
said, it would appear to me that a year and a half of that time has been
unreasonable. For example, you should have been able to get your
permit within a year after submission. Let's use that as a basic
premise. That means you should have gotten your permit by January
30,2005, so from that time until this time, or until the time the permit
is issued would seem to be an unreasonable period.
So I guess what I'm really getting at is, if you were delayed a
year and a half in your permitting and we were to grant you a year and
a half extension on the PUD, where would that get you?
MR. MUDD: Commissioner, if I could just -- while they're
having a moment there to discuss it, just for clarification on your
comment. You know, you say giving an extension. If you're talking
about tolling, you're basically -- you're giving them a date that it was
tolled. In other words, their sunset in abeyance as of that time, and it
continues until they get that permit that they have applied for. So I
don It believe they have their permits yet.
COMMISSIONER COYLE: No, they don't.
MR. MUDD: And so to continue them by ] 8 months and they
still don't have their permit, they're still in the tolling time. So you'd --
COMMISSIONER COYLE: Well, but you see, I'm thinking
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July 25, 2006
about an alternative to the tolling, and I'm just trying to explore some
alternatives here to see if we can't resolve the issue in a way that
makes some sense.
We haven't reached a decision.
The one thing you need to take into consideration is, it's going to
take you at least three years to get your permit through our planning
department, too.
COMMISSIONER HENNING: What have we improved?
COMMISSIONER COYLE: I'm sorry?
COMMISSIONER HENNING: What have we improved?
COMMISSIONER COYLE: Oh, yeah, okay. Maybe I'm wrong.
CHAIRMAN HALAS: I've got a question here. Ifwe approved
this in October 2002 and they didn't start working on this till January
2004, I don't understand what the problem is here because I don't think
it's -- if you submitted your permits at the time that the PUD was
approved and then you came to the board at this point in time and said,
this is an undue course of time and we still haven't got our permits,
then I would look at this wholeheartedly and say, yeah, you probably
have some injustice done to you.
But when you didn't start at the point in time when the PUD --
because you're -- whatever took place, that you didn't do anything for
two years, that gives me a real concern.
MR. ARNOLD: I'll try to address that.
COMMISSIONER COYLE: That's where I'm trying to get to.
I'm trying to calculate into whose delay was what and how long it
took.
CHAIRMAN HALAS: Yeah. So, I mean -- and I can't be liable
for federal government as far as delays. I mean, I don't have any
control over them, just like you don't, but we do have laws here within
Collier County that makes a strong stipulation of, you know, what we
are entitled to. And obviously you've got some real serious situations
out there. You didn't get your permit because it has to do with
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July 25, 2006
probably mitigation of wetlands.
MR. ARNOLD: If I can I'll try to address that. I'm Wayne
Arnold with Q. Grady Minor & Associates.
Our firm and Bruce Anderson and Andy Woodruff have been
involved in this project from its inception from initial zoning phases
right up through where we are today, trying to obtain that Army Corps
permit.
And keep in mind, this was the first business park project brought
before you. Our client did not release us to spend significant
engineering and environmental dollars to prepare the environmental
resource permit until they knew they had the zoning underway.
We then worked toward doing that, and that's not a set of plans
that you prepare in 30 days; that takes months, and it takes you
deciding on a real land plan that you think you can get permitted
through the agencies. And if you look at the detailed chronology and
hear what Andy Woodruff has expressed to you a few moments ago,
this is a lot of give and take and negotiation even before you file an
application about what might be acceptable to those agencies.
The other thing that I think's important in this timeline is that
even though it took us over a year to get that application filed, you
know, after submittal we ended up with an issue of panther habitat,
which is relatively new to those of us in the process that the agencies
were looking for that. So that, again, was a separate series of
negotiations that was new to all of us, and it took a significant amount
of time in this process negotiating with those agencies.
CHAIRMAN HALAS: How many times did this PUD change
hands? Has it been by the same owner since its inception?
MR. ARNOLD: It has changed ownership once since the
original zoning approval.
CHAIRMAN HALAS: Okay. So has that been also a hindrance
in regards to moving forward on this?
MR. ARNOLD: It probably was a slight setback in the respect
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July 25, 2006
that new ownership interest had to be comfortable with the plans that
we had previously submitted to the agencies, but the ownership
change did occur after submittal of the plans to South Florida and the
Army Corps of Engineers.
CHAIRMAN HALAS: Okay.
COMMISSIONER COYLE: I need to continue the line of
questioning.
County Manager, we had discussion concerning whether or not
tolling -- the tolling process applied only to three-year PUD terms, or
does it apply to PUDs of any kind?
MR. MUDD: Commissioners, last night I sent an email out, to
answer your question, and I copied all the other commissioners. The
tolling provision only applies to three-year sunset PUDs. It does not
apply to the five-year PUDs.
COMMISSIONER COYLE: Okay. That's what we thought,
okay. Then if we were to look at it this way, 15 months elapsed from
the time that the PUD was approved until the time you actually
submitted applications for Corps of Engineers permit. You would
have expected approval of the Corps of Engineers permit within 12
months. You didn't get it.
So anytime after that, let's suppose we considered, was
unreasonable, and we, therefore, were to toll the PUD from a point in
time 27 months after the PUD approval of October of 2002.
Now, where does that get you?
MR. ANDERSON: Well, it leaves us still in the toll position, as
Mr. Mudd mentioned, but it only leaves us -- once the tolling ends,
that leaves a nine-month window to comply with the construction plan
requirements.
COMMISSIONER COYLE: Yeah, but that really means that
you only have to make acceptable progress during that period of time
to qualify for another extension; is that not correct?
MR. ANDERSON: I'd like for someone from staff to address
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July 25, 2006
how they, in fact, administer that.
MS. ISTENES: Good afternoon. Susan Murray-Istenes. I'm the
Zoning Director. In the case of this PUD -- and this is a
non-residential PUD -- and I'll read directly from the Land
Development Code.
The owner entity shall initiate physical development of a
minimum of 15 percent of the authorized floor area when approved on
the basis of a defined amount of floor space by the third anniversary of
the PUD approval.
In the event floor area is not the defining intensity measure, then
25 percent ofthe land area, to include some representative portion of
the building space, shall be constructed by the third anniversary of the
PUD approval date, and then the same amount of development shall
be required every year thereafter up to an amount representing 75
percent of the authorized buildable area and floor area.
COMMISSIONER COYLE: And if they were making
acceptable progress at that point and the three-year window closed,
what would be the action you would recommend?
MS. ISTENES: It would really have to be evaluated at that time.
Again, you're going to have a different set of circumstances and facts
at that time, but your criteria used to be evaluated against would be
just what I read to you in the record. So -- but the option would be to
get an extension from that point in time.
COMMISSIONER COYLE: Okay. So here's the way I think we
solve this problem. What I don't think we want to do is just have an
open-ended period of time waiting for the Corps to do something, but
if you've got a nine-month window and during that -- you can't do
anything anyway because of the concurrency problems. You're still
going to be held up because of that, right?
So you don't even meet the requirements under the transportation
provisions to begin work on this unless there is a development --
developer agreement, contribution agreement, which helps solve that
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July 25, 2006
problem. A developer contribution agreement that helps solve the
problem then provides us the opportunity to extend whatever we want
to in the developer contribution agreement, I would hope, to permit
this problem to be resolved. Does that make sense?
MS. ISTENES: That makes sense to me. I'm not sure of the
legalities of an extension through a developer's contribution
agreement, but I would look to the County Attorney to comment on
that.
The other thing possibly is -- and I don't want to speak for
transportation -- but your pay-and-go program may be implemented at
that point, too. So you know, there's a lot of different things that can
change even between now and next March.
COMMISSIONER COYLE: Yeah. I understand the concern
about contract zoning here, and I don't want to get close to that. But if
there is a way to solve that problem in that manner, it would -- in the
manner I suggested, it might make some sense because we can't let
you go ahead anyway without resolving the concurrency problem.
MS. ISTENES: Right. That still remains the issue at least to this
point.
COMMISSIONER COYLE: Yeah. So we're not going to get
you any further down the road unless we also address the concurrency
problem, and if you can find a way to address the concurrency
problem, maybe we can find a way to tie that with an extension of
some kind so that, you know, if you're going to be contribute to
solving the concurrency problem, why wouldn't we give you an
extension to the PUD?
CHAIRMAN HALAS: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I still feel comfortable in the
motion as its' made, and I'll tell you because of the tremendous
problems just in order to get the paperwork together to be able to file,
as they said, to file for a permit. As they have mentioned, and we all
know, just to get all of that paperwork together and the studies
Page 167
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July 25, 2006.
together, that's going to take them, you know, almost a year to do,
then they submit it.
I know with us on Rattlesnake Hammock Road, boy, we had so
many problems. And why? Because we had panther mitigation. All
of a sudden we couldn't get approval from the state because of
panthers, and we're talking Rattlesnake Hammock Road when there,
you know, there aren't any panther's running around there, but we had
a problem.
And with LASIP, with that Lely Area Stormwater Improvement
Project, 16 years we waited just for the Army Corps permit, 16 years.
And so I think there's so many things that can hold us up, and -- so I
feel very comfortable with the information that we've received with
the documentation of how many permits and so forth they've gone to.
I also weigh a little bit heavy on the EDC letter that we have here
that was enthusiastically supporting building a business center or
business park. She's saying that we don't have many opportunities to
build a business park, and she felt that this is one of the few
opportunities in that whole area. So that weighed heavy with me also.
So my second to Commissioner Coletta's motion stands.
CHAIRMAN HALAS: Okay. I'd like to call the question, if I
may.
COMMISSIONER COYLE: Well, if I could just make one more
quick comment. What we're doing is making a decision that can cause
serious consequences later on. And if we say to someone, it's okay if
we approve your PUD in October of 2002 and you wait a year and
three months later before you begin applying for a permit, I think
that's bad policy, and I think it opens the door to a lot of other
extensions that, perhaps, should not be granted.
The other thing that we have to be careful of is that our
proportionate fair share contributions will come into effect in just five
or six more months.
Now, that means that someone can pay a proportionate fair share
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July 25, 2006
and just proceed whether concurrencies satisfied or not. We don't like
that happening, but in this case you'll have no control over it.
So the -- so my final observation is, this is one of those cases
when we knew there was a concurrency problem and we granted the
rezone anyway because we said, we're not going to take -- we're not
going to address concurrency until it gets time to apply for a permit,
and then we'll address concurrency, and you see where it's gotten us.
So I would suggest to you in the future, we don't do a rezone if there's
a concurrency problem, end of story, and we'll never get here.
COMMISSIONER FIALA: I totally, totally agree, but I don't
think in 2002, we had concurrency in place yet, did we?
COMMISSIONER COYLE: Oh, yes.
COMMISSIONER FIALA: I think we were just working on it
then.
COMMISSIONER COYLE: Yeah, might have been, might have
been, yeah.
COMMISSIONER FIALA: So this isn't something that we
approved over concurrency. We -- but we surely knew that we needed
concurrency and we were working on it.
COMMISSIONER COYLE: Well, the other thing I would ask
you is to -- is to deal with the tolling rather than an extension, okay?
COMMISSIONER FIALA: I think that's the motion though.
COMMISSIONER COLETTA: It is.
COMMISSIONER COYLE: You're sure it's tolling?
COMMISSIONER FIALA: Yeah.
COMMISSIONER COYLE: And the tolling is from what time?
The time, January --
COMMISSIONER COLETTA: January 30, 2004.
COMMISSIONER COYLE: Okay, all right. Okay.
COMMISSIONER COLETTA: Yeah. And if I may, just a
couple of short comments. I know we -- you're right. You're
absolutely right to bring all these issues up. If anything, we need to go
Page 169
July 25, 2006
back and look at how we have it structured, but the way it's structured
right now, it's very plain with the way it's worded.
And I mean, these -- petitioner comes to us with an expectation
that we're going to follow the rules and regulations we puttogether.
And I agree with you as far as proportionate fair share, that the place
to deal with it is back with that ordinance when the time does come.
I'm glad you brought that all up.
CHAIRMAN HALAS: Okay. Any other further questions?
MR. MUDD: Okay. Just so -- I want to be specific. You
basically said January 30, 2004. This PUD expired, okay, as it sits
right here without your action, on October 8,2005; am I correct?
MR. ANDERSON: That's staffs position.
MR. MUDD: I'm just reading the executive summary, okay. So
you basically told them -- and so if you count the days, we're talking
about 20 months and eight days, okay? I just want to make sure that
you're aware, 20 months and eight days is -- so when you get your
permit, then the time starts again and you basically have 20 months
and eight days to get the sufficient construction done in order to
continue your particular --
CHAIRMAN HALAS: And that is in your motion?
COMMISSIONER COLETTA: That was the motion.
COMMISSIONER COYLE: And that's a tolling, not an
extension?
COMMISSIONER FIALA: Dh-huh.
MR. MUDD: That's a tolling.
CHAIRMAN HALAS: Okay. We have a --
COMMISSIONER FIALA: Do you want him to repeat the
motion?
COMMISSIONER COLETTA: Do you want me to bite you?
CHAIRlvlAN HAL.(<,\S: You have the motion written down.
COMMISSIONER COLETTA: Yes, yes. Say yes.
CHAIRMAN HALAS: Okay. We have a motion on the floor by
Page 170
(")
(''''','
!
July 25, 2006
Commissioner Coletta and a second by Commissioner Fiala in regards
to the tolling, 20 months and eight days.
MR. MUDD: Yes, sir.
COMMISSIONER COLETTA: A date, go with the date,
January 30, 2004 --
CHAIRMAN HALAS: Okay.
COMMISSIONER COLETTA: -- is when they started the--
CHAIRMAN HALAS: They started their paperwork, okay.
I'll call the question. All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN HALAS: Those opposed by like sign?
Aye. And the reason being that there was no -- there was no
initiative taken from the time that the PUD was started at 2002 in
getting those permits in, and that's where I stand on that.
Thank you. I believe it passes.
Item #7 A
ADA-20065-AR-9553, ROOKERY BAY BUSINESS PARK, LLC,
REPRESENTED BY ROETZEL AND ANDRESS, REQUESTING
AN ADMINISTRATIVE APPEAL IN REGARDS TO PUDEX-
2005-AR-8478 FOR ASGM BUSINESS PARK PUD. APPEALING
THE DECISION OF THE ZONING DIRECTOR
(ADMINISTRATIVE OFFICIAL) ON TOLLING OF TIME FOR
PUD SUNSET REVIEW UNDER SECTION 250-58 OF THE
COLLIER COUNTY CODE OF ORDINANCES AND CHAPTER
67-1246, SECTION 16 OF THE LAWS OF FLORIDA (THE
SPECIAL ACT) APPEALING THE MARCH 8, 2006
DETERMINATION - MOTION TO WITHDRAW AT
Page 1 71
.4 .M'l -
/3((,',- ,2 -g G
//2:3/0'7
Terafina PUD Timeline:
PUD Development Order (Collier County) :
The current Terafina PUD was approved pursuant to the adoption of
Ordinance 04-15 by the Board of County Corrunissioners on March 9, 2004
(note: the effective date is March 15,2004, that being the date the
ordinance was officially filed with the Secretary of State's Office)
This was a modification to Ordinance 01-71 (which ordinance was
repealed by the adoption of 04-15) which was approved on November 27,
2001. The fundamental differences between 01-71 and 04-15 being the
deletion of the golf course and the reconfiguration of the master
development plan (we did not add or delete any unl~s) .
The 636.8 ac~e PUD property is located within the Urban
Residential Subdistrict which allows a gross density
du/ac. (or a maximum of 2,586 units) The PUD is
maximum of 850 Units, resulting In a gross density
units per ac~e.
Mixed Use/Urban
of up to 4.0
approved for a
of 1.3 dwelling
Developer
Vanderbilt
2006.
11. SFWMD:
09-21-97
10-20-97
11-25-97
02-13-98
03-13-98
08-17-98
10-20-98
11-18-98
06-22-00
07-20-00
09-01-00
09-22-00
10-16-00
01-17-01
02-28-01
03-27-01
06-29-01
07-24-01
09-24-01
10-18-01
11-13-01
12-10-01
12-21-01
01-08-02
04-11-02
08-02-02
Contribution
Beach Road)
l:l,.greement: Logan Blvd. (Irrunokalee Road
DCA approved by County Corrunission on April
11,
to
Submittal to SFWMD (Wildewood Lakes)
Request fo~ Additional Information (P~I) sent out
Formal wetland deterrrination letter from District
Re-submittal
RAI (Request for P,ddi tional Information) sent out
Re-submittal
Permit deemed complete
Permi t denied wen':. to Burt Harris hearings and parties
agreed upon resubmittal with flowway channel.
Permit Modification Submi~tal (Wildewood Lakes w/Flow-way)
R1U sent O'Jt
Re-submitc.al
RAI sen':. out
Re-submittal
RAI sent out
Re-submittal
RAI sent ou':.
Re-submittal
RAI sent out
Re-submittal
RAI sent out
Re-subITcittal
RAI sene. out
Re-s'Jbmi t c.al
RAI sent out
Permit issued
Special Condi~ion Modifica~ion Submittal
Page 1 of3
09-06-02
03-07-03
04-02-03
07-09-03
03-03-04
03-10-04
07-13-06
08-11-06
08-14-06
11-09-06
8 r'
Special Condition Modification Approval
Spec~al Condition Modification Submittal
Special Condition Modification Approval
Permit Modification Submittal (Terafina)
Staff Report
Permit Received
Permit Modification Submittal (Remove Conveyance Channel)
RAI sent out
Resubmi:.tal
Permit Modification Issuance by SFWMD (Remove Conveyance
Channel) .
III. Army Corps of Engineers (Corps):
02-12-01
02-20-01
05-17-01
05-25-01
08-30-01
07-08-02
09-11-02
07-14-03
08-05-03
08-27-03
09-23-03
10-08-03
10-28-03
11-11-03
01-09-04
05-25-04
06-02-04
06-10-04
06-14-04
06-15-04
06-30-04
07-08-04
07-16-04
Initial application received by Corps (with golf course).
Additional information requested by Corps.
Application deemed complete.
Public notice published and sent to adjacent property
owners and State and Federal agencies.
Corps comment letter along with compilation of all comments
received sent to applicant.
Applicant response to comments.
Applicant submits revised WRAP analysis.
SFWMD provides new permit application for this project
listing GLH Development, LLLP as the applicant.
Applicant provides permit drawings, revised wetland
mitigation plan, a WRAP analysis and a biological
assessment.
Applicant provides correspondence letter from SFWMD dated
08-08-03 which states that the District has reviewed the
water quality calculations and confirmed that post-
development nutrient loadings are equal or less than that
of the pre-development condition.
Applicant meeting with Corps to review outstanding comments
and show that golf course has been removed from plans.
Corps emails applicant requesting additional information.
Applicant meeting with Corps to discuss additional
concerns.
Applicant submits revised plans and revised
mitigation/monitoring/maintenance plan and states that they
are working with CREW to identify mitigation parcel.
Applicant provides Corps with copy of information sent to
FWS reo Florida panther.
Applicant meeting with Corps to review outstanding issues.
Applicant provides Corps with SFWMD staff report and
modification and updated WRAP analysis and mitigation plan
for 107 acre off-site parcel.
ApplicanT: meeting with Corps and EPA to discuss concerns
and show golf course removed from plan.
FWS provides biological opinion.
Corps telephone conversation to applicant regarding
proposed CREW lands.
Applicant provided minimization narrative and revised
mitigation plan.
Corps and applicant meeting to discuss WRAP analysis.
Corps emails applicant regarding WRAP analysis.
Page 2 of3
10-04-04
03-21-05
09-08-05
09-13-05
10-12-05
12-07-05
03-08-06
03-13-06
03-20-06
03-22-06
04-03-06
06-02-06
08-02-06
On
4 l '"~
'..' l;.,;
Corps provides applicant with copies of letters requesting
extension of public comment period.
FWS provides revised biological opinion.
Holland and .Knight provides Corps with in=ormation
concerning guidelines.
Lewis I Longman and Walker states that the flow-way has the
support of the SFWMD.
Corps and applicant phone conversation ~o review NWF
letters.
Mirasol Corps permit denied.
Applicant submits revised application based on removing the
Mirasol Flow-way.
Applicant meeting with Corps to discuss outstanding issues.
Corps requests additional plantings. Applicant agrees.
Corps completes review and states that 8.74 mitigation
credits still needed.
Applicant agrees to purchase 8.74 credits from an approved
mitigation bank.
Corps permit issued.
Permittee purchases balance of required mitigation credits.
IV. Phase One Construction Plans (Collier County)
06-25-04
08-05-04
09-10-04
10-22-04
12-16-04
02-17-05
05-19-05
07-11-05
06-28-06
07-27-06
10-09-06
11-13-06
12-27-06
Initial Submittal
County Comments Letter
Resubmittal
County Comments
Resubmittal
County Comments
Resubmittal
County Comments
Resubmittal
County Comments
Resubmittal
County Comments
Resubmi ttal (Sta~us - pending - according to staff canno~
be issued until SFWMD permit appeal is finalized)
Page 3 of3
C \".
I
--+----
I
t
Print
Page 1 of 1
8"
~~
~,,:
From: Wendy Traiger
To: josephmichaelmosley@Yahoo.com
Date: Friday, January 19,20076:13:28 PM
Subject: name added to petiion
Please add Colleen Dunphy, Lot #456 to petition. She can't attend meeting,
Wendy
See you Monday,
http://us.f372.mai1.yahoo.com/dc/launch?action=welcome&YY=693119237&.rand=76mveo2vdo... 1/23/2007
Print
Page 1 of 1
From: Wendy Traiger
To: josephmichae1mosley@Yahoo.com
Date: Friday, January 19,20072:23:36 PM
Subject: FW: LOGAN BLVD CONSTRUCTION COULD BE STOPPINGl!!!
Please add her name. thanks, wendy
-----Original Message-----
From: Carrie Coyle [mailto:care0531@hotmail.com]
Sent: Friday, January 19,20072:14 PM
To: smanager@swfla.rr.com
Subject: RE: LOGAN BLVD CONSTRUCTION COULD BE STOPPING!!!!
I work and I am not able to attend the meeting but I would like to add my
name to the petition!
Thank you!
Patrick & Carrie Coyle
1615 Triangle Palm Terrace
Naples, FL 34119
>From: smanager@swfla.rr.com
>To: smanager@swfla.rr.com
>Subject: LOGAN BLVD CONSTRUCTION COULD BE STOPPING!!!!
>Date: Fri, 19 Jan 200718:55:39 UT
>
>There is an emergency board meeting tomorrow (Saturday 1/20/07) at 11am in
>the social hall to discuss ONE item.
>
>GL Homes needs an approval by the Board of Commisssioners on Tuesday
> 1/23/07 to develop Saturnia Falls, which will be located on the north side
>ofImmokalee Road. Ifthis does NOT pass, there is a chance funding by GL
>will stop on the Logan Blvd project, as early as Wednesday 1/24/07.
>
>P1ease attend this meeting to hear a report from Mike Moore, our Turnover
>Chair, Patrick White, Esq. from our HOA law firm (Porter Wright) and a Rep
>from the County.
>
>The meeting will be 11am - 12:30pm. A Petition will be available to sign to
>try to keep this project going.
Laugh, share and connect with Windows Live Messenger
http://clk.atdmt. comIMSN/gQ/m~I1nkwm~002QOOQQQ ImsnldjrectlQ ll?hret'.=http://ima
gine- msn.com/messenger/launch8 0/ defaul t.aspx?locale=en-us&source=hmtagline
http://us.f372.mail.yahoo.com/dc/launch?action=welcome&YY=693119237&.rand=76mve02vdo... 1/23/2007
8
The undersigned fully supports the efforts of the Saturnia
Lakes Board Of Directors in it's efforts to assure the
timely completion of the Logan Road construction.
Print Name Address Phone or e-mai1(option / Sig1J1lJlfre
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The undersigned fully supports the efforts of the Saturnia
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timely completion of the Logan Road construction.
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_~_C~ _ _ __~__/~{j//
~ 86
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only l!Qg: the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chainnan's si2l1ature, draw a line through routing lines #1 through #4. complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Jeffrey A. Klatzkow, Managing Asst. County Attorney JAK' 1/29/07
County Attorney
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Jeffrey A. Klatzkow Phone Number 774-8492
Contact
Agenda Date Item was January 23,2007 Agenda Item Number 8-G
Approved by the BCC
Type of Document Resolution t/+-3 \ Number of Original One
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are r uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 1/23/07 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the cha es, if a Iicable.
Yes
(Initial)
JAK
NIA (Not
A licable)
2.
3.
4.
5.
6.
JAK
JAK
JAK
JAK
JAK
I: Forms/ county Fonnsl Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26,05, Revised 2,24,05
06-CPS-Q04 79/3
MEMORANDUM
Date:
January 30,2007
To:
Jeff Klatzkow
Asst. County Attorney
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2007-31
Enclosed please find one (1) copy of the Resolution referenced
above (Agenda Item #8G) adopted by the Board of County Commissioners on
Tuesday, January 23, 2007.
The original document will be on file in the Minutes and Records Department.
If you have any questions, please call me at 774-8411.
Thank you.
Attachment (1)
BG
86
RESOLUTION 2007- 31
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
GRANTING PETITIONER'S REQUEST THAT THE TIME
LIMITS FOR THE TERAFINA PUD (ORDINANCE 04-15) BE
TOLLED,
WHEREAS, the Terafina PUD, Ordinance 04-15, adopted on March 9, 2004, is subject
the provisions of Section 1 0.02.13.D, of the Land Development Code (LDC), Time Limits for
Approved PUD Zoning Districts together with their respective Master Plans; and
WHEREAS, the Terafina PUD was adopted consistent with and under the provisions of
the Collier County Growth Management Plan; and
WHEREAS, The Board of County Commissioners has reviewed the PUD and the
Petitioner's request for two 2-year PUD Extensions, pursuant to 10.02.13.D of the Collier
County Land Development Code (LDC), and on Petitioner's request made in open hearing
before the Board on January 23, 2007, based on all facts and circumstances set forth to the
Board, the Board has determined that pursuant to LDC 91 0.02.13.D.2.c , it is appropriate to toll
the unexpired term of the Terafina PUD (Ordinance 04-15), effective the date of this
Resolution and continuing to such time as the property owners, G.L. Homes of Naples II
Corporation, has obtained the required permits from the South Florida Water Management
District.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The above recitals are adopted herein by reference as if fully set forth herein.
2. This Resolution shall constitute evidence of compliance with the review
requirements ofLDC 910.02,13.D.
3. The current time limitation for the Terafina PUD (Ordinance 04-15), is hereby
tolled, effective the date of this Resolution, and continuing to such time as the
property owner, G.L. Homes of Naples II Corporation, has obtained the required
permits from the South Florida Water Management District, at which time the
owner shall submit to the procedures in LDC Section 10.02.13.D.
4. This Resolution shall become effective immediately upon its approval.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board and in the records of the Petition for which this Resolution was adopted.
86
This Resolution adopted after motion, second, and majority vote.
Done this 2.'3rcl day of :rQ.~"", , 2007.
\
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY FL RillA
By:
JAMES COLETTA, CHAIRMAN
. Klatzkow
Assistant County Attorney
I<gen::':.]
D:""
D',:l:~a
'---.
9A
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office, The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
excevtion of the Chainnan's sienature, draw a line throueh routine lines # I throulIh #4, complete the checklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff tor additional or missing
infonnation. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BeC has acted to approve the
item.)
Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400
Contact Collier County Attorney's Office
Agenda Date Item was January 23, 2007 Agenda Item Number 9A
Approved bv the BCC
Type of Document Resolution L) '1 -~::, Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(J nitial)
N/A (Not
A Iicable)
2.
3.
4.
5.
6.
r@
N/A
0J
I: Forms/ County Forms! BeC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
9A
RESOLUTION NO. 2007-23
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COllIER COUNTY, FLORIDA, TO APPOINT AND
REAPPOINT MEMBERS TO THE COllIER COUNTY CODE
ENFORCEMENT BOARD.
WHEREAS, Collier County Ordinance No. 92-80, as amended, provides that the
Collier County Code Enforcement Boards shall consist of seven regular members and
two alternate members; and
WHEREAS, the terms of members will expire creating vacancies on this Board; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Kenneth Kelly, Roofing Contractor, is hereby reappointed to the Collier County
Code Enforcement Board for a 3 year term, said term to expire on February 14, 2010.
2. Jerry P. Morgan, Retired General Contractor, is hereby reappointed to the Collier
County Code Enforcement Board for a 3 year term, said term to expire on February 14,
2010.
3. Lionel L'Esperance, Alternate, is hereby appointed to the Collier County Code
Enforcement Board for a 3 year term, said term to expire on February 14, 2010.
This Resolution adopted after motion, second and majority vote.
DATED: January 23, 2007
ATTESt:' . '''.k~'''''
D~lG~T 'E.::~~K! Clerk
" (g'
~~~k
,. Deputy Clerk
Attest as to Ch41~an ~
s 1 Qlill t.~(' t' 0';'"
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
JAMES' COLElTA, Chairman
/fi~ ~
Approved as to form and
legal sufficiency:
~(J4
David C. Weigel
County Attorney
~:~+
I
~~~"'~ L
\~
l__.~_
.9
B
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Ofiice. The completed routing slip and original
documents are to be forwarded to the Board Ofiice only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceDtion of the Chairman's signature, draw a line through routing lines #1 through #4, comDlete the checklist, and forward to Sue Filson line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
, s Office
Agenda Item Number
Extension 8400
9B
Yes
(Initial)
N/A (Not
A licable)
Resolution
~)7 / Z~
Number of Original
Documents Attached
C9
N/A
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised] ,26.05, Revised 2.24,05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some conttacts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCe on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
RESOLUTION NO. 2007-24
i'
d
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COllIER COUNTY, FLORIDA, TO REAPPOINT ALICE J.
CARLSON TO THE COllIER COUNTY EDUCATIONAL FACILITIES
AUTHORITY
WHEREAS, on March 23, 1999, the Board of County Commissioners adopted
Resolution No. 99-177 authorizing the establishment of an Educational Facilities
Authority for Collier County; and
WHEREAS, the Authority is composed of five (5) members; and
WHEREAS, there is currently a vacancy on this board; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Committee has provided the Board of County Commissioners with
its recommendation for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Alice J. Carlson is hereby
reappointed to the Collier County Educational Facilities Authority for a five year term,
said term to expire on March 23, 2012.
This Resolution adopted after motion, second and majority vote.
DATED: January 23, 2007
ATTEST:
DWIGHT E. BROCK, Clerk
,_ ..,...~!C~,',.,
.~, X~~ttk
. , -~ . , ~ ,
,- , Deputy, 'S~,r'~:~ ·
Attert":..,\t().',C1tI11"111R !
s:i Qn~t!:Jf'~ '~7).'w
"r ." .. _., ~ ~ "
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: L~~
JAM COLETTA, Chairman
Approved as to form and
legal sufficiency:
j~f.: A
David C. Weigel ~
County Attorney
Item # Ot 0>
i., ';; ~<.?+
\ :.''')~. ",~I()~
\. j. --~
. _ _..: l1;.ut
1...<< \Jty i~lcrt(
9C
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Oftice. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafffor additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400
Contact Collier County Attorney's Office
Agenda Date Item was January 23, 2007 Agenda Item Number 9C
Approved by the BCC
Type of Document Resolution fJ'7 ~ ,:XS Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro date,
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
NI A (Not
A licable)
2.
3,
4,
5.
6.
@
N/A
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26,05, Revised 2.24.05
RESOLUTION NO. 2007-25
9C
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COllIER COUNTY TO REAPPOINT ALICE J. CARLSON TO
THE COllIER COUNTY INDUSTRIAL DEVELOPMENT
AUTHORITY
WHEREAS, the Board of County Commissioners of Collier County adopted
Resolution No. 79-34, creating the Collier County Industrial Development Authority
pursuant to the authority of Chapter 159, Part III, Florida Statutes; and
WHEREAS, the Collier County Industrial Development Authority is composed of five
(5) members with four-year terms; and
WHEREAS, there is currently a vacancy on this board; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Industrial Development Authority has provided the Board of County
Commissioners with their recommendation for appointment to the Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Alice J. Carlson is hereby
reappointed to the Collier County Industrial Development Authority for a four year term,
said term to expire on January 8, 2011.
This Resolution adopted after motion, second and majority vote.
DATED: January 23, 2007
ATTEST:
DWIGHT E. BROCK, Clerk
~ .', . C3 'J1rt;:. _ .
-d~~ic
Deoutv C~k...
At tl st ;f~; ~~(1)J l"'$.;)(i '$
S ~ ; i "i~ ::' . "',', ~ {' ~ :'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
JA
\.'
Approved as to form and
legal sufficiency:
~~ c.t/~~#
avid C. Weigel
County Attorney
Item # . c:J_~
I :. ~).=3~1-
t., ~,,\?L.;l0 ~
. .~, r
~f~~
~ .,. , . , ~
,,,,,_, ,,,~'""'."'._"_" " ",.._.~...J
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
9D
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's si!!nature, draw a line throu!!h routin!! lines #1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routin!! order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact statTfor additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item)
Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400
Contact Collier County Attornev's Office
Agenda Date Item was January 23, 2007 Agenda Item Number 9D
Approved by the BCC
Type of Document Resolution G) "'"t--"Z.lp Number of Original I
Attached Documents Attached
l.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Hcable.
Yes
(Initial)
N/ A (Not
A licable)
2.
3,
4.
5.
6,
CP
N/A
rC9
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
RESOLUTION NO. 2007-26
9D
1
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO APPOINT STEVEN M.
QUINN TO THE PUBLIC VEHICLE ADVISORY COMMITTEE.
WHEREAS, the Public Vehicle Advisory Committee was established by Collier
County Ordinance No. 95-66, as amended; and
WHEREAS, Collier County Ordinance No. 95-66, as amended, provides that the
Public Vehicle Advisory Committee shall consist of five (5) members and one (1)
alternate with not less than two (2) nor more than three (3) of the members being
affiliated as holders of certificates to operate a motor vehicle for hire company within
Collier County; and
WHEREAS, there is currently a vacancy in the non-affiliated category; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Steven M. Quinn, representing
the non-affiliated category, is hereby appointed to the Public Vehicle Advisory
Committee to fulfill the remainder of the vacant term, said term to expire on September
2, 2008.
This Resolution adopted after motion, second and majority vote.
DATED: January 23, 2007
AlTEST:
DWIGHt'S~rerk
~~
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5:1~ltyr.~aO 1 w
"I.j;(," ~..
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~~;i
JAMW COL , c- ~il
Approved as to form and
legal sufficiency:
-1~a..a;~
David C. Weigel
County Attorney
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9E
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's sil!nature, draw a line throul!h routinl! lines #1 throul!h #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routinl! order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400
Contact Collier Countv Attorney's Office
Agenda Date Item was January 23, 2007 Agenda Item Number 9E
Approved by the BCC
Type of Document Resolution o 1.:2--1 Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified, Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
NI A (Not
A licable)
2.
3.
4.
5.
6.
@
N/A
I: Forms! County FomlS! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1,26.05, Revised 2,24.05
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RESOLUTION NO. 2007-27
L9,.. ,r::
(..,
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COllIER COUNTY, FLORIDA TO REAPPOINT MITCHELL A.
ROBERTS TO THE OCHOPEE FIRE CONTROL ADVISORY BOARD.
WHEREAS, Collier County Ordinance No. 75-6 created the Ochopee Fire District and
provides for the establishment of an advisory board; and
WHEREAS, Collier County Ordinance No. 89-98 confirmed the creation of the
Ochopee Fire District Advisory Board and provides that the advisory broad shall be
composed of five (5) members and such membership shall consist of one (1) member
from each of the designated areas; and
WHEREAS, there is currently a vacancy on this Board; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Committee has provided the Board of County Commissioners with its
recommendation for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that Mitchell A. Roberts is hereby reappointed to the
Ochopee Fire Control Advisory Board for a 2 year term, said term to expire on
December 31, 2008.
This Resolution adopted after motion, second and unanimous vote.
DATED: January 23, 2007
ATTEST:
DWIGHT.E;.BROCK, Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~'
By: / ~
JAMIis Cm.ETT~, Chairman
Approved as to form and
legal sufficiency:
~~ clJ,,~'I-
David C. Weigel
County Attorney
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9F
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivcred to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceDtion of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holdcr of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive
summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information, All original documents needing the BeC Chairman's signature are to be delivered to the BCe oftice only after the BCC has acted to approve the
item)
Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400
Contact Collier County Attorney's Office
Agenda Date Item was January 23, 2007 Agenda Item Number 9F
Approved bv the BCC
Type of Document Resolution 01- 2-5 Number of Original 1
Attached Documents Attached
l.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified, Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne 's Office has reviewed the chan es, if a licable.
N/A (Not
A licable)
2,
3.
4.
5,
6.
@
N/A
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
9 f-
CRA RESOLUTION NO. 2007-28
A RESOLUTION OF THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY TO APPOINT BRUCE S. PRELBLE TO
THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT
ADVISORY BOARD
WHEREAS, on March 27, 2001, the Collier County Community Redevelopment
Agency (CRA), adopted CRA Resolution No. 2001-98, establishing the
BayshorejGateway Triangle Local Redevelopment Advisory Board, and providing bylaws
that specify that the Advisory Board shall consist of seven (7) members to be appointed
by the CRA; and
WHEREAS, on June 13, 2003, the CRA adopted CRA Resolution No. 2003-217,
reestablishing the bylaws for the Bayshore/Gateway Triangle Local Redevelopment
Advisory Board, and providing that said Advisory Board shall consist of nine (9)
members; and
WHEREAS, there is currently a vacancy on this Board; and
WHEREAS, public notice was solicited for applications from interested parties; and
WHEREAS, the Bayshore/Gateway Triangle Local Redevelopment Advisory Board
has provided the CRA with its recommendations for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT
AGENCY OF COLLIER COUNTI, FLORIDA, that Bruce S. Prelble is hereby appointed
under the At-Large category to the BayshorejGateway Triangle Local Redevelopment
Advisory Board to fulfill the remainder of the vacant term plus an additional 2 year
term, said term to expire on May 22, 2009.
This Resolution adopted after motion, second and majority vote.
DATED: January 23, 2007
THE COLLIER COUNTI COMMUNITY
REDEVELOPMENT AGENCY
By: &~, d~,
DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
.~>~ e;, l~~
David c. Weigel
County Attorney
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Oftice. The completed routing slip and original
documents are to be forwarded to the Board Oftice only after the Board has taken action on the item.)
ROUTING SLIP
96
,
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceotion of the Chairman's signature, draw a line throu~h routin~ lines # I throul!h #4, complete the checklist, and forward to Sue Filson line #5),
Route to Addressee(s) Office Initials Date
(List in routin~ order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending BCe approvaL Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the Bce office only after the Bee has acted to approve the
item.)
Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400
Contact Collier County Attornev's Office
Agenda Date Item was January 23, 2007 Agenda Item Number 90
Approved bv the BCC
Type of Document Resolution 0'1- - 2-- C1 Number of Original 1
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
1, Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
2, All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable,
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified, Be aware of our deadlines!
6. The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne's Office has reviewed the chan es, if a licable.
N/ A (Not
A licable)
@
N/A
1: Formsl County Formsl BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
RESOLUTION NO. 2007-29
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO
APPOINT THOMAS E. DECKER TO THE ISLES OF
CAPRI FIRE CONTROL DISTRICT ADVISORY
COMMITTEE.
WHEREAS/ Collier County Ordinance No. 78-49 created an advisory committee for
the Isles of Capri Fire Services Tax District; and
WHEREAS/ Ordinance No. 78-49 provides that the advisory committee shall consist
of three to five members; and
WHEREAS/ there is currently a vacancy on this Committee; and
WHEREAS/ the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS/ the Isles of Capri Fire Control District Advisory Committee has provided
the Board of County Commissioners with its recommendation for appointment to their
Committee.
NOW/ THEREFORE/ BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY/ FLORIDA/ that Thomas E. Decker meets the prerequisites for
appointment and is hereby appointed to the Isles of Capri Fire Control District Advisory
Committee to fulfill the remainder of the vacant term/ said term to expire on December
31/ 2008.
This Resolution adopted after motion/ second and majority vote.
DATED: January 23/ 2007
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY/ FLORIDA
fc
By:
JAM
')iQn~ti.H''I' C,tl~
Approved as to form and
legal sufficiency:
~Jwf
David c. ~el '!
County Attorney
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9H
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
..
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and!or information needed. )fthe document is already complete with the
exceotion of the Chairman's signature, draw a line throUlzh routing lines #1 throulZh #4, comolete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routine order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item)
Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400
Contact Collier County Attorney's Office
Agenda Date Item was January 23,2007 Agenda Item Number 9H
Approved by the BCC
Type of Document Resolution Oft --~) Number of Original 1
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate,
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
2.
3.
4,
5.
6,
(J)
N/A
(9
1: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26.05, Revised 2.24.05
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RESOLUTION NO. 2007-30
f""-
"jf~
,
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO REAPPOINT MEMBERS TO
THE LAND ACQUISITION ADVISORY COMMITTEE
WHEREAS, on December 3, 2002, the Board of County Commissioners adopted
Collier County Ordinance No. 2002-63 which created the Land Acquisition Advisory
Committee; and
WHEREAS, Ordinance No. 2002-63 provides that the Land Acquisition Advisory
Committee shall consist of nine (9) members that are residents of Collier County which
comprise a broad and balanced representation of interests, including environmental and
conservation, agricultural and business, educational interests, and general civic and
citizen interests; and
WHEREAS, the terms of 3 members will expire on February 11, 2007, creating
vacancies on this Committee; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Land Acquisition Advisory Committee has provided the Board of
County Commissioners with its recommendations for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Marco A. Espinar, representing the categories of Environmental and
Conservation, Agriculture, Civic and Ecology, is hereby reappointed to the Land
Acquisition Advisory Committee for a three year term, said term to expire on February
11, 2010.
2. Michael J. Delate, representing the categories of Environmental and
Conservation, Agricultural and Business, Civic and Ecology, is hereby reappointed to the
Land Acquisition Advisory Committee for a three year term, said term to expire on
February 11, 2010.
3. Mimi Wolok, representing the categories of Environmental and Conservation,
Agricultural and Business, Civic, Ecology and Real Estate or Land Acquisition, is hereby
reappointed to the Land Acquisition Advisory Committee for a three year term, said
term to expire on February 11, 2010.
This Resolution adopted after motion, second and majority vote.
DATED: January 23, 2007
. 1.-...,
ATTEST! ~.~'G{~l' "\,
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Approved as to form
and legal sufficiency:
M ~ i;11I
David C. Weigel
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUN.!(, FlO~
//1 "
By: ,fI~ &f
JA~ COLETTA, Chairman r;:;:,
~]r
_].~?b1-
~~. ' _~____2t:~
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CONSERVANCY
Of Southwest Florida
January 23, 2007
...... ---
- - -
-
To the Collier County Board of County Commissioners:
The Conservancy commends the work of Conservation Collier Program staff and
the BOCC, whose combined efforts have resulted in the successful preservation
of hundreds of environmentally sensitive acres for Collier residents. As the
program enters a new acquisition cycle, the Conservancy would like to support
the Committee's December ranking decision, which placed the Hamilton,
Mcllvane Marsh Project, Starnes, Oetting, Railroad Land Trust, Karen, and
Winchester Head properties on the "A" list to be actively pursued for acquisition.
The Conservancy recommends reactivating the Winchester Head project. The
DEP has identified that Target Protection Area (TPA) as an important wetland
area that substantially contributes to the surficial aquifer and that plays a
significant role in flood control. This TPA contains four native plant communities
and its interior habitat is relatively free of exotics. We realize the project is on
hold due to high property values, but a close look reveals that parcels within the
TPA are actually appraised at lower values than are nearby areas outside of the
project boundary, These numbers show that conservation purchases have NOT
been a driving factor behind increased land values in the Winchester Head
project area. Additionally, acquisition costs would likely be distributed among
agencies - the Collier Soil and Water Conservation District has purchased 2
properties and expressed their intent to continue acquiring land in this area due
to its environmentally sensitive nature, Conservation Collier currently owns 8.88
of the 141 acres within the TPA.
The Conservancy recommends that the county more actively pursue multi-parcel
projects, especially in areas adjacent to existing conservation lands. Although
associated risks may be greater, multi parcel acquisitions are often essential to
preserve critical wildlife corridors and watersheds. We now face a closing
window of opportunity in which to protect our remaining conservation lands and
their natural resource values. If we wait much longer to secure these areas,
property values may increase, the ecological integrity of the lands may decline,
and restoration needs and costs may grow, The Conservancy therefore supports
a phased acquisition cycle for multi parcel projects that would begin by targeting
a "Phase 1, Core Acquisition Area", a secondary surrounding area in Phase 2,
In,''
u
and so forth, which would prevent the county from acquiring fragmented holdings
of conservation land.
Finally, the Conservancy recommends transferring the Camp Keais Strand
project from the Committees suggested "B" ranking to the "A" list. This property
contains panther habitat and serves as important ecological linkage to
surrounding conservation lands, An "A-2" ranking would give the Committee the
opportunity to resolve any conflicting policy issues but would also provide the
flexibility to begin acquisition once those issues have been resolved,
Sincerely,
1
;?~~I c1f/f {, ct .J} ji/!D) ','
Bridget Washburn
Environmental Lands Specialist
Conservancy of Southwest Florida
(239) 262-0304 ext, 231
bridgetw@conservancy.org
c.c. Jennifer Hecker, Conservancy of Southwest Florida
Property Information:
~ Camp Keais Strand
a. Protection of this area is critical due to its ecological importance and
function as an important wildlife corridor, as indicated by recent panther
telemetry data. The area consists of 149.77 acres and is located
roughly 3 miles north of Florida Panther National Wildlife Refuge - with
which it also maintains a hydrological connection.
b. A recent study by 3 researchers, with the University of Central Florida
and University of Florida, found a need to place 18 wildlife underpasses
where roads intersect with wildlife hotspots. Two wildlife hotspots
signified a need for crossings at Oil Well Road and Immokalee Road
due to their proximity to Camp Keais Strand. NDN 1/8/07,
c. Camp Keais properties are priced at less than $2,000/acre, Acquisition
in this area is now affordable, but there is a closing window of
opportunity to purchase at these prices.
d. This could provide an opportunity to implement a "phasing" approach in
multi-parcel project areas to avoid fragmented acquisition, We suggest
identifying a core area in which to begin Phase 1 of the project,
followed by outward expansion of the active acquisition area.
e. Pursuing acquisition in this area may not be consistent with the
program ordinance because Camp Keais falls within Florida Forever
boundaries. In this situation, the Conservation Collier ordinance
requires the state to partner with acquisition or management. However,
lOA
the ordinance could be amended to allow acquisition in these
circumstances IF the outside agency is not actively pursuing the project
in question...the purpose of this ordinance was to avoid competition
among conservation programs, not to limit the tools by which
preservation of these strategically important lands can be achieved.
)0- 1-75 Properties
a. Recent panther sightings on properties within this TPA strongly support
the importance of its preservation as a wildlife habitat area and
corridor.
b. While at present this land is relatively affordable, there is a likelihood
that prices will increase dramatically, potentially out of the program's
range - the time to buy is now.
c. After the Committee's December ranking decision, the Committee was
notified that an approximately 196 acre site adjacent to the 1-75
properties is likely to be nominated for inclusion to the program, further
increasing this project area's potential conservation benefits. Should
this property be offered for purchase by the county, the Conservancy
supports its acquisition and recommends transferring the 1-75 project
to the A list.
d. Although the 1-75 land has been identified as a potential site for a
future DOT interchange and mitigation area, this is only speculation
and cannot be relied upon to protect this important corridor area.
f3cc-';< 1/2:3/67
-r+t iY) 10 f3
FLORIDA ENTERPRISE ZONES
EFFECTIVE JANUARY 1, 2006
Jackson COlmtv
Liberty Coimty
Franklin CoiUlty
Gadsden COllinv
\Va1.-1I1Ia COUiIty
S t_ :\-fark s '
Tallaha-;seeiLeon County
lTaYlOI Count'\' '
1M'di;Oll Cmm,,'
'. . . '. r~llihOll <:0=',.
iL~om' Co=" . "
I Gulf COllItv
\VashUIQton Co'Wlty
Holmes Countv -
Freepon '
Deflluak SpIings
\\Talton Coulltv
Crestvle'wiOkaloos:i Countv
Pensacola HiIlsborom~h Cowrty-
Escambla COllllt)' CleaJ,vater--Q .'._'~
CellnJry Tampa __':::'-(">,-
- St_ PetersbmQ -~ '
Palmettoi~anatee COlUln' --0
Bradentoil -()
HiQhlands COlUltY
S"aJ-aSO!:l COlUlti,'
Jacksonville
Gainesville
PUllam County
c
Da'\1011a Beach
SunIter COlmty
Brooksvillei
Hemando COUllty---C
0',,':'0
('
c
Oak HIll
Llke Apopka --a -
OrallQt' COllIty Eatonyille
Cocoa - Orlando
Kissin11ueeiOsceola COUllt'\'
Lakeland '
o IndIan Rin~'r Countv/Vero Beach
HaIdee County -
0--- Ft_ PIerce -
Okeechobee COlliltv
DeSoto COllItv -
Glades Count":'
o Pahokee - ilelle Glade
c--- Palm Beach COU,llty ~~;gB~:ach
c--- Bro\vaJd County \Vest PalIil Beach
ir- -fJami Beach
~ianll/Dade County S-orth Ceno'al Dade
South Dade
c
o
o
o
6 0
o
Ft. :\1versiLee COlmty
- Hendrv COlUln'
Inlmokalee
o
o
o
Everglades City
o
EXECUTIVE OFFICE OF THE GOVERNOR
OFFICE OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT
THE CAPITOL, SUITE 2001 TALLAHASSEE FLORIDA 32399-0001
wwwfloridaenterprisezone com
PHONE 850-487-2568
FAX 850-487-3014
j
N
c:I ENTERPRISE ZONE, #1101 It FEDERAL EMPOWERMENT za'IE
: ......: COMMUNITY REDEVELOPMENT AREA
,.......
RU RAl ARE" OF CRITICAL ECONOMIC CONCERN ' ,Ii;,c,' "
SEPTEMBER 2006
IMMOKALEE, FLORIDA
o O.S 1
I I I I I I I I
Mies
2
10 L
10 B
Florida's Rural Counties
LEGEND
.~mll~ Il:.!.il:'"t~:(~ ~~iil~ir.l.:'.{..:(..
.:~li1~m.:'.~.-J:{" Au.... Counllll
,>\
If'"
10 Q
u
THE COMPRENSIVE PLANNING PROCESS
IMMOKALEE COMMUNITY REDEVELOPMENT AREA
ADVISORY BOARD, THE IMMOKALEE MASTER PLAN
AND VISIONING COMMITTEE, IMMOKALEE AREA
"STAKEHOLDERS", THE COLLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY, THE
COLLIER COUNTY PLANNING COMMISSION, AND
THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS
TIMING: LATE 2005 TO PRESENT....2007 OR 2008 COMPLETION
GOALS:
. NEW IMMOKALEE AREA MASTER PLAN
· UPDA TE TO THE IMMOKALEE OVERLAY DISTRICT IN THE COLLIER COUNTY
LAND DEVELOPMENT CODE
....iani
I~-
~
I
I
STATE OF FLORIDA
Or:.sndo
.
Jornpo
Ft.1iIye..
· .."It1MOKALEE
Nap;n._
At t ..............t..-. c...,.......,. ~
",1': ___..u....,.,...lAd.~
~ l: .......1MlMI.......... ......,.. ,...........................~...................
'--
1 2 Immokalee's Regional (outexl
l:J::mablee" _:n SaulInrosl: FIor.d&. ",rm:heast CoIbe< C<NllI)', applOlll'
""":y 35 miles1nlmFcttM!.... 50 lI:llos fnmKoplfs.lIIIlIllO llIi!g flamM!..
.""
"".... WO!5\ ofAl..:I(.uja _would bn.. 5O,GOO rl!Sidellls II cao::.,IeooI:. ColIu!r
CGlIlIl)' " IllIIlqiag Il""'Dl/l """"'" III :DI.1ad dwolapDom as 11>> FkI>da Gulf
COISl JIICl:as fL1Il doI~ lbis llIIl1ltit IIillIllCl1ll6l! 1110 vtlue oflllll1 IZl tile
_ ponollllo CowtylZl1l>> 195,11-16 00ti ofIml pIlICeCtIOd 17)' CGlIiaCowty';
R1nl Ual ~ ArM (JU.SA) Prop:n tbol SUll'lIUIld tile JmmobJet
Ur'bIll.o\1u. ~ mI ~ p.IIlI!I1lI5 boq OIpl!lieDcod m. tile
JIlS.4. Illdry IIill pIlIy alIioct ""'""'*" '; lilltn ~ p.IIlI!I1lI5. ~
RIpIIlIl C4aIo:II MlIp (p;. 7) dopIas tile IIlIIIlIbiee t'1botI ""'" III re!aliaa to
DI!IrbJ.' pIJrJDed. cIoI~ _11>> 1bzall..mi ~ ""'" (}USA)
0\'IrlIy ~!li51l1Ct 'Tho lllIIIllso !blnr; m1iClpllod or proposod mIF rood
_~ as idocl:i6ed by tile CGlIiaCool:ty~r.m~
CtpJ::.millEl.
Tho 1A.'lP dIrK1ly 1CIdm... ODly 1m:! wi'JW:l tI:.e ~ 1"""" Ana',
baouxIanes l"'-'l!I; illS ~ to 1IIIl!eIvml tile t:tbIn .o\1u.', rqilm!
clXlll!l:l Dol'Olqlmo!Dloflarp-laIo lC1lDI!d-usec"",""",,"," I1lo! tile TOIl'll <<..\w
:I!Il:.l in the \'icim1y of 11>> U!blm Ana IIill bn.. sigrIi1ica ec<JIIllClIC mI 50ClIl
::qNCI'i iiIr 11>> -. !l:ImakaIoo =","ztity Tho ~' wiJlllso be Jj%II;od
.. fJl1.n P!;i<aal roadlny ~_ os pml!lIIed .. the C<lCier Cv.ml:)'
MotropoIiWl ~ ~', lO30 Lq-:R.ang2 TrtJEpOr1Z1:GIl 1'""
Mlgor rood i~ will onhac<. aceOl' 1D ImuxIblet. ~ tl'lJd
acCt5i, m:i IUJw th! clJlDUUli~' to IIqrO'\'! i:iel:<<~ as I 5I!r't:ce a:od
The _ Toom of .""" :Mono. em ClIIt'I' Ksis Raod. tint milts south of
l:J::mablee. "ill afti!ct _ m dIt COIIliI1g )""'. DeJpod as . self-
tc_::lIfII piIrIDe:Y.mll ~ willi ~ tifts1y\t ap;>Y2, dIt TGWlO
0:.. MmJ...ll bcllglO_OOO_l1!Sl:Itm:s inelDit~'.. tI:.e:m.:oui..
tirt:.m""'" A smliIar plImod doI~ 0IIl! cnle sooth of 1mmoUJH- uDtd
s.m,.,., os 1lIlCaIfi:lmtd biz coaId btitg "" idditlaI:.ol ] 5 ,00:1 .... rtsidom.
wll:lt . ll1i:tI plomJed ....~ calI.td Big C)p:tS', ha, btm eocfumod far
I
i
I I
~
J
H
tj
~
......,
10
Regional Context Map
--
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l~
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l/
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IMMOKALEE IN BRIEF~ TODAY AND "TOMORROW"
1!4CKGftOUNO
Fig 11 H~,:lri: photo~ of ~m~~lee-
l!~/oI'I:~_'~CN1'"
II.M:o<..ALE: t"A5T:..~ i:'LA..... F' _::::RJCA
8olCKGfIlOUM"O
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119..1&
1\f..c1'Ql,LEE .JAST!J'I\ PLA.... F _:::R1CA
A El~IE:. HISTORY
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2030 .....HTIGOODa MOV...NT .LIE.IINT
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Ap""ndix Map l'
2030 Regional Transportation
Corrklon
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Awenclix Map 9:
2030 Regional Transportation
Needs
1........:~!:.w;.51:"l;;LA'"oI '"'_:flill:A
AocrnOHAL ......Ps
Appendix Map 8
2030 Transportation
Projection Map
I\.M:;~'.IA~P:~ F_'=fUCA
lOi
COLLIER COUNTY LONG RANGE TRANSIT NEEDS (2016 - 2030)
--r-~-~
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j IMMOKAI.. I INseT
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COLLIER COUNTY MPO LONG RANGE TRANSPORTATION PLAN 2030 UPDATE
RECOMMENDED DRAFT 2030 COST-FEASIBLE HIGHWAY NETWORK
- '''h _ Immokalee Area
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App.....dix Map 12
Supplemental Zoninv Category Table
and Map
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1\....tC~!: ",A5"T!f;. CLA'\I F_';f'I;ICA
-
GOALS FOR IMMOKALEE
Goal No.. 1= LAaND USE
Gu Ide land use so as '1:0 enhance I rTaI"rtOLr=-IeJ.e.s
quality .of Il'fiellnat:ural beauty. envfronrTIEM'lt.
s.rn all t:c:nIw n ch a ra~t.:.r. ;at...:. b Ie ",,""""boorhc::M:Jods,.
.status as an urban hub '"for tlhe su...-oundlnK
EM::C:JItn OrT1l i c:: .... 6....vt:h in ea.absrn, c.oIl i er eo..... nty,.
alP'lcull::ure. tourism Indust..-y-. and Il'I"'trnokalee
Regional Ai~s port-c:rt=-entry designation.
(DRAFT)
Goa I No.2: HOUS I NG
Create an environment "",Ithln ~lch all
'VV'Orklna:.. disabled. and ndlred residents
and their il'l"'t rnec::l iat:e 'farn i lies. 1W'i II have .
reasonable opporb..lnl't:y" to pl"OCUr& sa'fe.
sanitary. and afturdable housingconsiabsnt
"W'lth t:he desl red character of the area as
iden lifi:ed in the 1m. . ~~Iee Area Mast;er
Plan.
10 B
G,oal No.3: CONSERVATION
The County shall continue to pl8n for the
protection" 'II and manasetnent
of its natural AlSQurces as required in the
Growth Man_ment Plan.
Goal No.4: RECREATION
In 8 cost effIclentmann_. provIde ample,
hlah qua 1Ity, and diverse recreational
opportunities for the I mmakalee community.
Goal No.5: TRANSPORTATION AND
INFRASTRUCTURE
FuturelP"O'W1:h and development shall be
SUppoft.Bd by a network of roads, sidewalks.
and bl kepaths that are efficient and safe.
and enhance and preserve I rnrnokalee.s
small town cha,racter.
Goal No.6: ECONOMIC DEVElDPMENT
Enhance and dtve.~1fy the local economy
of the Immokalee community as detailed
in the Economic El~llent of the Growth
Manapment Plan.
10 B
Goal No.7: TOURISM
Promote murlsm and culture as a means
to diversifying the Immokalee economy
and providing greater recreation and
entertainment opportunities to residents and
visitors.
Goal No.8: SOCIAL SERVICES
Improve the range and avallablllt1 of social
services for alllmmokalee residents.
THANK YOU!
Fred N. Thomas, J r", Chairman
Immokalee Community Redevelopment Area Advisory Board
Enterprise Zone Development Agency
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP lOr,
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO . IJ
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original docwnent. Original documents should be hand delivered to the Board Office, The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item,)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the
exception of the Chairman's si2TIature, draw a line through routing lines #1 through #4, cOlTDlete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routinJ!; order)
1. Terri Daniels Housing and Human Services 01/29/2007
2.
..._-~-_.__.._----,._.....~_._-_.__.__..,,---- ._ ... __.._____..d__.___._._______.._.__ - --..- --..---.-----..- '.
3. - ------ -.....--- -..-- -- .--"--.-.-...-.'.---...---, ...---------..----------... ------ _._- ,-,-- .-_.-.~-,..._._----_.-
----- -
,--
4. ,,-'--' ., .....--..-- .---., -----...- .- - -_.._-'.
...... --.. "-'-
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court'S Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item,
Name of Primary Staff Terri Daniels
Contact
Agenda Date Item was 01123/2007
A roved b the BCC
Type of Document Agreement
Attached
Phone Number
732-2689
Yes
(Initial)
N/A (Not
A licable)
Agenda Item Number
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handm-itten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. B aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporat~d in the attached document. The
Count Attoroe 's Office has reviewed the chan es if a Iicable.
r'
, ..
II
-\-iJ
I: Forms/ County Forms/ BCC Forms! Original Documents Routing Slip WWS Original 9,03,04, Revised 1,26,05, Revised 2.24,05
2,
3,
4,
5,
6,
MEMORANDUM
Date:
January 31, 2007
To:
Terri Daniels, Grants Supervisor
Human Services Department
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Agreement with David Lawrence Mental Health Center
Enclosed, please find two (2) original documents as referenced
above (Agenda Item #10D), approved by the Board of County
Commissioners on Tuesday, January 23, 2007.
After execution please forward a fully executed copy to the
Minutes and Records Department.
If you should have any questions, please call 774-8411.
Thank you.
Enclosures (2)
10 D
10 D
AGREEMENT
THIS AGREEMENT entered into this ~ day of Januacy , 2007 at Naples, Collier
County, Florida, by and between the Board of County Commissioners, Collier County, Florida,
hereinafter referred to as the COUNTY, and the David Lawrence Mental Health Center, Inc.,
located at 6075 Golden Gate Parkway, Naples, FL 34116, hereinafter referred to as the CENTER.
WITNESSETH
WHEREAS, the COUNTY is desirous of helping financially and has deemed it to be in
the public interest to do so for David Lawrence Mental Health, Inc.; and
WHEREAS, the COUNTY wishes to fund mental health and alcoholism servIces
provided by the CENTER as it is authorized to do so under its government; and
WHEREAS, the CENTER has contracted with the State of Florida, Department of
Children and Families to act as a provider of mental health and substance abuse services as
described by the approved District 8 Mental Health and Substance Abuse Plan of the Florida
Department of Children and Families.
NOW, THEREFORE, in consideration of the mutual undertaking and agreements
hereinafter set forth, the COUNTY and CENTER agree as follows:
I. The CENTER shall:
A. Provide mental health and alcoholism services consistent with the approved
Florida Department of Children and Families District 8 Mental Health and
Substance Abuse Plan ["District Plan"], incorporated herein by reference, and
shall do so in compliance with all state, federal and local laws and ordinances and
regulations.
B. Serve as an independent contractor, not an agent or employee of Collier County,
for the transportation and care of patients restrained pursuant to the Florida
"Baker Act," Florida Statutes, Chapter 394.451, et seq., adhering to all regulatory
and legal requirements of said act, Rule lOE-5.040, F, of the Florida
Administrative Code and all other pertinent laws, rules and regulations.
C. Provide detoxification services consistent with the approved District Plan.
D. Provide these services within the boundaries of the COUNTY, Florida.
E. Possess, maintain and keep current all necessary licensees).
1
10 ry
F. Adhere to all conditions applicable to the administration of mental health funds
pursuant to Florida Statutes, Chapter 394.451, et seq., and the administrative rules
attendant thereto.
G. Maintain adequate financial records and reports relating to all funds paid by the
COUNTY under this Agreement.
H. Maintain books, records, documents and other evidence of accounting procedures
and practices that fully and properly reflect all direct and indirect costs of any
nature expended in the performance of this Agreement and paid for with
COUNTY funds.
I. Maintain adequate fiscal accounting procedures for the audit or review of any
expenditures, as requested by the COUNTY from time to time.
J. Allow, upon request the inspection, review or audit of its fiscal records by
COUNTY personnel upon request by COUNTY.
K. Collect fiscal and operational statistical data pertaining to the care and treatment
of all patients served and funded by the COUNTY on a regular basis and deliver
these written fiscal statistical reports on a quarterly basis to the COUNTY Human
Services Director by the 10th day of the month immediately following the
preceding quarter.
L. Submit payroll records and activity data to the COUNTY Human Services
Director on a quarterly basis in order that the disbursement of COUNTY funds to
reimburse the CENTER for such expenditures shall be in accordance with the pre-
auditing and accounting procedures on the part of the Board of County
Commissioners as mandated by Sections 129.08 and 129.09, Florida Statutes.
M. Retain all books, records and other documents relative to this Agreement for three
(3) years after final payment.
N. Acting as an independent contractor and not as an employee of the COUNTY in
operating aforementioned services, the CENTER shall be liable for, and shall
indemnify, defend, and hold the COUNTY, State and Federal Government
harmless from and against all claims, suits, judgments, damages, losses and
attorney's fees and expenses arising from its operations and provision of the
aforementioned services during the course ofthis agreement
During the term of this agreement the CENTER shall procure and maintain
liability insurance coverage. The liability insurance coverage shall be in amounts
not less than $1,000,000 per person and $200,000 per incident or occurrence for
personal injury, death, and property damage or any other claims for damages
caused by or resulting from the activities under this Agreement. Such policies of
2
10
insurance shall name the COUNTY as and additional insured. The CENTER
shall submit written evidence of having procured all insurance policies required
herein no later than 10 days after the effective date of this Agreement and shall
submit written evidence of such insurance policies to the COUNTY Human
Services Director and to the COUNTY's Risk Management office. The CENTER
shall purchase all policies of insurance from a financially responsible insurer duly
authorized to do business in the State of Florida. The CENTER shall be
financially responsible for any loss due to failure to obtain adequate insurance
coverage and the failure to maintain such policies or certificate in the amounts set
forth herein shall constitute a breach of this agreement.
O. Submit to the COUNTY each year a copy of its annual audited financial
statements.
II. The COUNTY shall:
A. Reimburse the CENTER quarterly, in advance, at least one-fourth (114) of the
total allocation for "Operational Funds" approved for the CENTER by the Board
of Commissioners as specified in Section III-D of this Agreement, in accordance
with the approved District Plan.
III. The CENTER and COUNTY mutually agree:
A. The term ofthis agreement is from October 1,2006 to September 30,2007.
B. This Agreement may be terminated by either party upon thirty (30) days prior
notice in writing to the other party.
C. This Agreement is subject to an annual item of appropriation contained in the
annual County budget.
D. The entire financial obligation of the COUNTY under this Agreement shall not
exceed one million thirty-five thousand and six hundred ($1,035,600). The
$1,035,600 includes the funding for all Operational costs, including transportation
of Baker Act participants. The matching funds shall come from local sources and
shall be utilized as part of the matching requirements of Florida Statutes, Section
394.76(9)(a) and (b).
E. There will be no discrimination on the basis of race, color, sex, religious
background or national origin in performance of this Agreement in regard to
provisions of service or in regards to employment.
F. No modification, amendments or alterations to the terms or conditions contained
herein shall be effective unless contained in a written document executed with the
same formality, and of equal dignity, herewith.
3
G. The CENTER shall not assign the performance of services called for in the
Agreement without the written consent of the COUNTY.
H. All notices, requests, consents and other communications required or permitted
under this Agreement shall be in writing addressed to:
If to the COUNTY:
Collier County Human Services Director
Health and Public Services Building
3301 East Tamiami Trail
Naples, FL 34112
If to the CENTER:
David Lawrence Mental Health Center, Inc.
6075 Golden Gate Parkway
Naples, FL 34116
or to such other address as any party may designate by notice complying with the
terms herein stated.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above w*t~~~ .'.... " ~..:-
-;.."".1"'- '. <,.......
, "',' ~~
BOARD OF COUNTY COMMISSIONERS
COLLF:tm
Jaaas etta" a-aiman
01/23/(17
ATTEST: . '
Dwight E. ~~OCk,~k;
.r<-<J ru!C(~td k
~v Clenrl ;I:"~~' .', "i"d'~~ ,.
;'l,;(:t--,,,-;;'( ~,'f."tL.. " ,,'~' ." "",~., ·
., .~ '(oJ, ~ . Jt "i
ATTEST:
DAVID LAWRENCE MENTAL HEALTH
CENTER, INe.
. . . . .. .. .. .. ..
.. .. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. .. ..
by:
.:~i:i:i:i:i:
'..... ...........
, .....'............
~ ........................ .. .. .. .. .. ..
, ..................
4
Item # to 7)
;';;;' ~2:/f;;1-
~}~':~d !bl~1-
I' 1
_ I U. '
Approved as to form and
Legal sufficiency:
1<:) ~
lOG
FILE NO.:
0'1 - ,.oRe - a?6 a c.;
... ~-~ ;:' l j i r l- I _'
.>' ,\.-,C ,), I tit
i,;()UNTY ATTORNE\
DATE RECEIVED:
2007 FEB -5 PM 3: 10
ITEM NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: February 5, 2007
To: Ro bert Zachary
Assistant County Attorney
From: ~nrenda Brilhart
~urchasing Agent
Re: Contract #07-4075 "Lely Area Stormwater Improvement Project
(LASIP) Phase I A"
Contractor: Mitchell & Stark Construction Co., Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on January 23,2007
Agenda Item: 1O.G
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
~~. ,,!L@ ~
J-Ido7- ~'YfJM( cC/ iQ/'DI
'2-- ./
lOG
Memorandum
DATE:
February 5, 2007
TO: Wayne Fiyalko, Senior Analyst
Risk Management Department
FRO~~ Brenda Brilhart, Purchasing Agent
~'- -_/ Purchasing Department
RE:
Review of Insurance for: #07-4075 "Lely Area Stormwater Improvement
Project (LASIP) Phase] A"
Contractor: Mitchell & Stark Construction Co., Inc.
This Contract was approved by the BCC on January 23, 2007 Agenda 10.0
Please review the Insurance Certificate and Payment and Performance Bonds in this
Agreement for the referenced Contract. If everything is acceptable, please forward to the
County Attorney for further review and approval. I would appreciate it if you would
advise me when it has been forwarded.
If you have any questions, please contact me at 239/774-8446.
cc: Shane Cox, Storm water
~J S-(~ ~
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.Jl - .Q k~ .'"~~~~
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~~~....... \V\'\-'-~-r-
lOG
MEMORANDUM
Date:
February 7, 2007
To:
Brenda Brilhart, Purchasing Agent
Purchasing Department
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Contract #06-4035
"Lely Area Stormwater Improvement Project (LASIP)
Phase lA"
Contractor: Mitchell & Stark Construction, Inc.
Attached please find three (3) original documents, as referenced above,
(Agenda Item #lOG), approved by the Board of County Commissioners
on Tuesday, January 23, 2007.
An original has been retained in the Minutes and Records Department
and one has been sent to the Finance Department.
If you should have any questions, please contact me at 774-8411.
Thank you.
Attachments (3)
-)
TPA#1953633,11
Lely Area Stormwater Improvement Project (LASIP) Phase 1 A
COLLIER COUNTY BID NO. 07-4075
COLLIER COUNTY, FLORIDA
Design Professional:
Agnoli Barber & Brundage, Inc.
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
I
10 G\":~
10 G ·
,,- )
TABLE OF CONTENTS
A.
PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. _ INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D, AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
"'.-. .,
I
i
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by Agnoli Barber & Brundage
and identified as follows: Lely Area Stormwater Improvement
Project (LASIP) Phase 1A
as shown on Plan Sheets 1 through 31.
EXHIBIT N: Contractor's List of Key Personnel
EXHIBIT 0: Stored Materials Records
10 l~
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
Lely Area Stormwater Improvement Project (LASIP) Phase 1A
COUNTY BID NO. 07-4075
Separate sealed bids for the construction of Lely Area Stormwater Improvement
Project (LASIP) Phase 1A, addressed to Mr. Steve Carnell, Purchasing Director, will
be received at the Collier County Government Complex, 3301 Tamiami Trail East,
Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M.
LOCAL TIME, on the 4th day of December 2006, at which time all bids will be publicly
opened and read aloud. Any bids received after the time and date specified will not be
accepted and shall be returned unopened to the Bidder.
A non-mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 9:00 a.m. LOCAL TIME on the 21st
day of November 2006, at which time all prospective Bidders may have questions
answered regarding the Bidding Documents for this Project.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Lely Area Stormwater Improvement Project (LASIP)
Phase 1A, Bid No. 07-4075 and Bid Date of December 4, 2006. No bid shall be
considered unless it is made on an unaltered Bid form which is included in the Bidding
Documents. The Bid Schedule (GC-P-1 through GC-P-12) shall be removed from the
Bidding Documents prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined at the
Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida
34112,
Copies of the Bidding Documents may be obtained only at the offices of the Purchasing
Department, upon payment of $75.00 for each set of documents to offset the cost of
reproduction. Return of the documents is not required, and the amount paid for the
documents is nonrefundable,
The following plan room services may have obtained copies of the Bidding Documents
for the work contemplated herein:
McGraw-Hili Construction Dodge
2830 Winkler Avenue, Suite 104A
Ft. Myers, FL 33916
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
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Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to fumish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications,
The Successful Bidder shall be required to finally complete all Work within two hundred
and seventy (270) calendar days from and after the Commencement Date specified in
the Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 2nd day of November 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: 1st STEVE CARNELL
Steve Carnell, C.P.M,
Purchasing & General Services Director
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PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
.~ i
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing th~ Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-12 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind, Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
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- \ location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit Reauirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
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3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. RiQht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
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, Section 5. Signina of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5,3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized,
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening, The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration,
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall tJe in the form of written addendum which, if issued.
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
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opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material ReQuirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
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Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Award of Contract shall be issued to the lowest, responsive and qualified
Bidder determined on the basis of the entire Bid and the Owner's investigations of the
Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall
consider the capability of the Bidder to perform the contract in a timely and responsible
manner. When the contract is awarded by Owner, such award shall be evidenced by a
written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing
Department or his or her designee and delivered to the intended awardee or mailed to
awardee at the business address shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be made by the Board of
County Commissioners in public session. Any actual or prospective bidder who desires
to formally protest the recommended contract award must file a notice of intent to
protest with the Purchasing Director within two (2) calendar days (excluding weekends
and holidays) of the date that the recommended award is posted. Upon filing of said
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at the offices of the Purchasing Director.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
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Section 13. Sales Tax
13,1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work,
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
- \ professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification .from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
TPA#1953633,11
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subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate terrilination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
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~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 774-8446
FAX (239) 530-6697
www.colliergov.net
ADDENDUM
DATE:
December 20, 2006
TO: Interested Bidders
FROM: ~ Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum #5: "07-4075 - Lely Area Stormwater Improvement
Project (LASIP) Phase 1A"
Addendum # 5 covers the following changes for the above-referenced Bid:
CLARIFICATION: For the alternate dirt hauling with a maximum distance of
fifteen (15) miles - provide a bid based on price per cubic yard (unit cost) with an
estimated quantity of 20,000 cubic yards
Q: Fence: specify what gauge of chain link.
A: FENCE SPEC" IS ATTACHED, (THE SPEC SHOWS THE GAUGE AS 9.)
Q: Can the box culvert (path crossing) be brought in as two (2) pieces
A: YES
REPLACE: Plan Pages: 7-19 and 21 - 25
PLEASE NOTE DEPICTION OF TEMPORARY CONSTRUCTION EASEMENTS
AND DRAINAGE EASEMENTS AND CROSS SECTION AT STA 58 ON P 17,
AS THESE HAVE CHANGED
· Pages 7 through 19 show revised temporary construction easements
· Page 17 shows cross section at ST A 58 revised (bottom depth, and
proposed grade line have changed)
10
· Pages 21 through 25 show revised temporary construction easements
REPLACE: Bid Schedule Pages
ADD: Construction Project Signage (draft language)
In order to keep the public informed regarding construction projects, upon
issuance of a Notice to Proceed, the Contractor shall be required to provide a
Construction Project Sign which contains, at a minimum, the following
information: Name of Project, Project Completion Date, Name of Contractor, and
a County Contact Telephone Number. Additional information may be required, as
directed by the County. The size of the sign shall be four (4) feet high by eight (8)
feet wide unless otherwise requested by the County. The sign shall be in
conformance with the Collier County Land Development Code and in a format
approved by the County. The standard construction sign format is available upon
request from the County project manager.
Price and payment for the Construction Project Sign will be full compensation for
furnishing and installation of all materials necessary to complete the Construction
Project Sign, including initially erecting or placing and final removal. This shall
include, but not be limited to: sign panels complete with sheeting, painting, and
message; sign posts and supports, footings, excavation, etc.; for any lighted
signs, all costs of the electrical installation for lighting, up to the point of
connection by others; and all other work specified in this Section, including all
incidentals necessary for the complete item.
If you require additional information please call Shane Cox, Sr. Project Manager,
Transporation's Stormwater Department at 239/659-5792 or me at 239/774-8446
or bye-mail atBrendaBrilhart@colliergov.net.
cc: Shane Cox, Stormwater Department
2
10 ;.?,
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BID # 07-4750
Lely Area Stormwater Improvement Project (LASIP) Phase 1A
ADDENDUM #5
Item No Description Quantity Unit Unit Price Extended Price
1 Maintenance of Traffic 1 LS $0,00 $0,00
2 Mobilization 1 LS 0,00 0.00
3 Stake Out 1 LS 0.00 0.00
4 Clearing and Grubbing 10 AC 0,00 0,00
5 Channel Excavation (Cut) 1 LS 0,00 0,00
6 Embankment (Fill) 1 LS 0,00 0.00
7 Rock Excavation (Unclassified) 4,084 CY 0,00 0,00
8 1 1/2" Type S III Asphalt (10' Greenway) 2.011 SY 0,00 0,00
9 1" Type S III Asphalt 935 SY 0,00 0.00
10 12" Limerock Base (10' Greenway) 2,303 SY 0,00 0.00
11 Mill Exist PVMT 1" Depth (Church Parking Lot) 846 SY 0,00 0.00
12 Asphaltic Concrete Course Type ABC - 3 (9" thick) 89 SY 0.00 0,00
13 Rip Rap (Sand Cement) 130 CY 0,00 0.00
14 Concrete Headwall 8 EA 0,00 0.00
15 4' x 8' Dual Box Culvert Steel and Headwalls included 108 LF 0,00 0.00
16 30" RCP 50 LF 0,00 0,00
17 36" RCP 99 LF 0,00 0.00
18 42" RCP 126 LF 0,00 0,00
19 Gabions 1,514 LF 0.00 0.00
20 Geo Web (w/Soil Infill & Grass Cover) 33,900 SF 0,00 0,00
21 Solid Sod 20,813 SY 0,00 0,00
22 14" HOPE Directional Bore (Includes 4" DR 11) 75 LF 0.00 0.00
23 16" HDPE Directional Bore (Includes 6" DR 11) 150 LF 0,00 0,00
24 Connection to Existing Force Main 4 EA 0,00 0,00
25 Air Release Valve 10 EA 0.00 0,00
26 4" Plug Valve 1 EA 0,00 0,00
27 6" Plug Valve 3 EA 0,00 0.00
28 6" Force Main DR - 14 30 LF 0,00 0,00
1 of 2
BID # 07-4750
Lely Area Stormwater Improvement Project (LASIP) Phase 1A
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ADDENDUM #5
Item No Description Quantity Unit Unit Price Extended Price
29 6" Force Main DR - 18 200 LF 0,00 0,00
30 8" Force Main DR - 14 90 LF 0.00 0,00
31 8" Force Main DR - 18 1.641 LF 0,00 0,00
32 Type III Staked Silt Fence 10,590 LF 0,00 0,00
33 Floating Turbidity Barrier 550 LF 0.00 0,00
34 Construction Project Sign 1 LS 0.00 0.00
TOTAL BASE BID $0,00
1 (AdditiveJDeductive) Alternate No.1 - Soil Hauling 20,000 CY 0,00 0.00
and Staging
Provide all necessary labor, equipment, and materials
needed to stage excavated soils at a an alternate site.
2 Additive Alternate No.2 - Chain Link Fence - 1 LS 0,00 0
Provide all necessary labor, equipment, and materials
needed to install one (1) mile of permanent, six (6) foot
tall, black plastic coated chain link fence,
TOTAL ALTERNATES 0,00
TOTAL BASE + ALTERNATES
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~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 774-8446
FAX (239) 530-6697
www.colliergov.net
ADDENDUM
DATE: December 15, 2006
TO: Interested Bidders
FROM: Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum #4: "07-4075 - Lely Area Stormwater Improvement
Project (LASIP) Phase 1A"
Addendum # 1 covers the following change for the above-referenced Bid:
CHANGE: The due date for this bid has been extended until January 3, 2007
(at 2:30 p.m.).
REPLACE PLAN SHEET:
Pages 6 of 31 with attached page 6
If you require additional information please call Shane Cox, Sr. Project Manager,
TECM at 239/659-5792 or me at 239/774-8446 or bye-mail at Brenda
Brilhart@colliergov.net.
cc: Shane Cox, TECM
le
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~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 774-8446
FAX (239) 530-6697
www.colliergov.net
ADDENDUM
DATE: December 14,2006
TO: Interested Bidders
FROM: Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum #3: "07-4075 - Lely Area Stormwater Improvement
Project (LASIP) Phase 1A"
Addendum # 3 covers the following change for the above-referenced Bid:
CHANGE: The due date for this bid has been postponed from December 15,
2006 (at 2:30 p.m.) indefinitely pending a drawing change.
If you require additional information please call Shane Cox, Sr. Project Manager,
TECM at 239/659-5792 or me at 239/774-8446 or bye-mail at Brenda
Bril hart@colliergov,net.
cc: Shane Cox, TECM
10 G
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 774-8446
FAX (239) 530-6697
www.colliergov.net
ADDENDUM
DATE:
December 8, 2006
TO: Interested Bidders
FROM: (~nda Brilhart, Purchasing Agent
SUBJEC~dendum #2: "07-4075 - Lely Area Stormwater Improvement
Project (LASIP) Phase 1A"
Addendum # 2 covers the following changes for the above-referenced Bid:
REPLACE BID SCHEDULE:
REPLACE PLAN SHEETS:
Pages GC-P-2a 1-2
Pages 1- 31
1) (Additive/Deductive) Alternate Price for Soil Hauling and Staging
o Soil staging shall be within a 15-mile radius of the work site. Assume that
it is a cleared, 5 acre site that will require temporary security fencing,
2) Insert Pages GC-CA-1 and GC-P-12
o These were missing due to a photocopying error (See attached)
3) Project Work Hours: Currently the bid document states: Monday through
Friday (7:00 a.m. to 5:00 p.m.)
o Bid Documents are correct, Work hours are Monday through Friday (7:00
a,m. to 5:00 P.M,)
1
j ~_.
4) Provide spec for gabions (type of rock)
o Concrete is not acceptable
o Specific gravity of rock shall be in the range of 2.2 to 2.5
o Note also that 8 x 10 wire mesh gab ion boxes are to used on this project
5) Provide spec for headwall of box culvert
Can the box be extended to avoid having to cast in place the end
wall?
Yes. The plans have been revised to reflect a longer box culvert that
provides for a straight endwall configuration. Please see sheet 19 of 31,
6) Is sod part of the geo-web line item?
The geo-web line item includes sod (grass cover). Payment for the geo-web line
item will include compensation for the sod over the geo-web mat. Payment for
sod outside the limits of the geo-web mat will be made at the unit cost bid for
Solid Sod (item 21). Please note that the quantity of Item 21 (Solid Sod) has
changed due to modifications to the gabion details and configuration and the
modifications to the box culvert.
7) Measurement and payment: (Lump sum vs. projected quantities)
a. Rock Excavation
. Maintain Unit Pricing base on projected quantities shown
b. Dirt Removal
. Shall be Bid and paid on a Lump Sum basis,
c. Fill Replacement
. Shall be Bid and paid on a Lump Sum basis
8) Requirements for Construction Trailer
o Contractor shall meet all contractual requirements and specifically
Technical Specification Section 1, Subsection B, Contractor's Office,
o Contractor shall provide, as a minimum, a standard "8'x20' Open Bay
Security Office", manufactured by Mobile Mini Inc. or an approved equal.
o Contractor shall provide adequate space, table(s) and chairs to
accommodate regularly scheduled progress meetings.
2
10
g) Approved hauling route(s)
o Access to and from the project shall be from the eastern most portions of
the project limits, off of Rattlesnake-Hammock Road, in the area identified
as BEGIN CHANNEL IMPROVEMENTS and as shown on sheet 7 of the
bid documents,
o The hauling route shall be in compliance with all contractual requirements,
specifically Technical Specification Section 1, Subsection(s) 0, P, Q, R, S,
and shall be approved off by the Collier County.
o The Contractor shall require that all trucks entering or leaving the project
site be loaded and covered using suitable tarpaulins and or liners in a
manner that will prevent dropping of materials on streets while in transit.
10) FP&L agreement to use easement
o Use of the FP&L easement has not been approved.
11) What is the dimension of the Reno Mattress under the gabions, the detail
makes it look like 4.5' however that is not a standard size. 6' or g'are
standard.
The gab ion detail has been revised to reflect a 9ft. standard Reno Mattress.
Several plan sheets have been revised due to this change and other
suggestions by the gab ion distributor. A list of the plan sheets that have
changed due to this addendum are as follows,
Sheet Number
Revision
6
7
8
9
11
12
15
Revised Typical Gabion Detail
Revised Gabion configuration at Sta 6+25+/-
Lengthened Box Culvert
Revised Gabion configuration at Sta 42+00+/-
Revised cross sections for new gab ion detail
Revised cross sections for new gab ion detail
Revised cross sections for new gab ion detail Sta
42+00+/-
Revised cross sections - revised earthwork
calculations
Revised box culvert length and Headwall
configuration, and details
Moved FM 3ft+/- further west to avoid conflict with
gabions, Sta 6+30+/- to Sta 7+60+/-
17
19
21
3
I
..1
12) Protection of Work and Project Safety
o Clarification of Exhibit J, Technical Specification Section 1, and
Subsection U - In the first sentence the words "SUITABLE
BARRICADES" shall be interpreted as six (6) foot tall, temporary chain
link fence,
o Be advised that Pursuant to Exhibit H, General Conditions, Article 27, the
Contractor shall maintain all equipment, material and procedures within
the project limits, which are identified as the boundaries of the County's
easement(s) including the permanent drainage easement and other
appropriate easement which have been acquired through negotiation for
permanent or temporary use,
o Use of all easements shall be in conformance with the negotiated
agreement
13)Care of Trees, Shrubs and Grass
o To Exhibit J, Technical Specification Section 1, Subsection C, add the
following requirements:
· Inspect each existing irrigation system in the rear yard along the
canal prior to construction and make whatever temporary
modifications might be necessary to remove sprinkler heads and
valves from the easement area, and relocate them temporarily to
locations where they will continue to irrigate the rear yards during
construction (so that existing ground cover and plant materials are
maintained).
· Modify each house's irrigation system at the conclusion of the
construction project so that both the resodded easement area and
the new Geo-Mat areas are properly irrigated thereafter,
If you require additional information please call Shane Cox, Sr. Project Manager, Stormwater
Management Dept at 239/774-8192 or me at 239/774-8446 or bye-mail at Brenda
Brilhart@colliergov,net.
cc: Shane Cox, TECM
4
BID # 07-4750
Lely Area Stormwater Improvement Project (LASIP) Phase 1A
In
".
ADDENDUM #2
Item No Description Quantity Unit Unit Price Extended Price
1 Maintenance of Traffic 1 LS $0,00 $0,00
2 Mobilization 1 LS 0,00 0.00
3 Stake Out 1 LS 0,00 0,00
4 Clearing and Grubbing 10 AC 0,00 0,00
5 Channel Excavation (Cut) 1 LS 0,00 0.00
6 Embankment (Fill) 1 LS 0,00 0.00
7 Rock Excavation (Unclassified) 4,084 CY 0,00 0,00
8 1 1/2" Type S III Asphalt (10' Greenway) 2,011 SY 0.00 0,00
9 1" Type S III Asphalt 935 SY 0.00 0,00
10 12" Limerock Base (10' Greenway) 2,303 SY 0.00 0.00
11 Mill Exist PVMT 1" Depth (Church Parking Lot) 846 SY 0,00 0,00
12 Asphaltic Concrete Course Type ABC - 3 (9" thick) 89 SY 0.00 0,00
13 Rip Rap (Sand Cement) 130 CY 0,00 0,00
14 Concrete Headwall 8 EA 0,00 0.00
15 4' x 8' Dual Box Culvert Steel and Headwalls included 108 LF 0,00 0,00
16 30" RCP 50 LF 0,00 0,00
17 36" RCP 99 LF 0,00 0,00
18 42" RCP 126 LF 0,00 0.00
19 Gabions 1,514 LF 0.00 0,00
20 Geo Web (w/Soillnfill & Grass Cover) 33,900 SF 0,00 0,00
21 Solid Sod 20,813 SY 0,00 0.00
22 14" HOPE Directional Bore (Includes 4" DR 11) 75 LF 0.00 0.00
23 16" HOPE Directional Bore (Includes 6" DR 11) 150 LF 0,00 0,00
24 Connection to Existing Force Main 4 EA 0,00 0,00
25 Air Release Valve 10 EA 0.00 0,00
26 4" Plug Valve 1 EA 0,00 0,00
27 6" Plug Valve 3 EA 0.00 0.00
28 6" Force Main DR - 14 30 LF 0,00 0,00
BID # 07-4750
Lely Area Stormwater Improvement Project (LASIP) Phase 1A
ADDENDUM #2
Item No Description Quantity Unit Unit Price Extended Price
29 6" Force Main DR - 18 200 LF 0.00 0,00
30 8" Force Main DR - 14 90 LF 0.00 0,00
31 8" Force Main DR - 18 1,641 LF 0,00 0.00
32 Type III Staked Silt Fence 10,590 LF 0,00 0.00
33 Floating Turbidity Barrier 550 LF 0.00 0.00
TOTAL BASE BID $0,00
34 (AdditivelDeductive) Alternate No.1 - Soil Hauling 1 LS 0.00 0,00
and Staging
Provide all necessary labor, equipment, and materials
needed to stage excavated soils at a an alternate site,
35 Additive Alternante No.2 - Chain Link Fence - 1 LS 0.00 0
Provide all necessary labor, equipment, and materials
needed to install one (1) mile of permanent, six (6) foot
tall, black plastic coated chain link fence,
TOTAL ALTERNATES I 01
TOTAL BASE + ALTERNATES
o
10
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1, The Bid has been signed.
2. The Bid prices offered have been reviewed,
3. The price extensions and totals have been checked,
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc, have been included.
6, Any delivery information required is included,
7, If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included,
8, Any addenda have been signed and included,
9, The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
11, The mailing envelope must be sealed and marked with:
<::>Bid Number;
<::>Project Name;
<::>Opening Date.
12, The Bid will be mailed or delivered in time to be received no later than the
specified openinq date and time, (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
Bidder Name
Signature & Title
DATE:
TPA#1953633,11
GC-P-12
!-~ ~:
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with 32 ("Contractor") of 33, a 34,authorized to do business
in the State of Florida, to perform all work ("Work") in connection with Lely Area
Stormwater Improvement Project (LASIP) Phase 1 A, Bid No. 07-4075 ("Project"), as
said Work is set forth in the Plans and Specifications prepared by Agnoli, Barber and
Brundage, Inc., the Engineer and/or Architect of Record ("Design Professional") and
other Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto, All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work,
B, Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement [DESCRIBE IN WORDS] 38
GC-CA-1
10
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 774-8446
FAX (239) 530-6697
www.colliergov.net
ADDENDUM
DATE:
November 29,2006
TO: Interested Bidders
FRO@ Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum #1: "07-4075 - Lely Area Stormwater Improvement
Project (LASIP) Phase 1A"
Addendum # 1 covers the following change for the above-referenced Bid:
CHANGE: The due date for this bid has been extended until December 15, 2006
(at 2:30 p.m.).
If you require additional information please call Shane Cox, Sr. Project Manager,
TECM at 239/659-5792 or me at 239fi74-8446 or bye-mail at Brenda
Brilhart@colliergov.net.
cc: Shane Cox, TEeM
_ o'~)
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ORIGINAL
lOG
Lely Area Stormwater Improvement Project (LASIP) Phase 1A
BID NO. 07-4075
Full Name of Bidder rli.tJe/( V- >Tlte-k ~/ls'/~ch.o ~/J;vC
Main Business Address tool 5fu4 3~l.Jo/tr(i R S4/DS
Place of Business c::, 0 c) l C' ~ ~.(' leI y S r.. yJ c..p/ e.s. r r /. s l.j I D'7
TelePhoneNo.~3L) ~C;?-z/05 FaxNo.(2,(~q) ~- /Yb5
State Contractor's License # L lA. L 0 If G? 0 ?-..D
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
,- ~)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed fonn of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications, including Addenda issued
thereto and acknowledges receipt below:
Contractor's
I 'tial
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Bidder proposes, and agrees if this Bid IS accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
Addendum
Number J./.
~/
Date Issued
1/-t2-
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your
bid pages.
-~
TPA#1953633,11
GC-P-1
10
ADDENDUM ~ f-O
BID # 07-4750
Lely Area Stormwater Improvement Project (LASIP) Phase 1A
Item No DescriDtion Quantity Unit Unit Price Extended Price
1 Maintenance of Traffic 1 LS $ 10,000,00 $ 10,000.00
2 Mobilization 1 LS $ 413,700,00 $ 413,700,00
3 Stake Out 1 LS $ 22,800,00 $ 22,800,00
4 Clearina and Grubbina 10 AC $ 5,000.00 $ 50,000.00
5 Channel Excavation (Cut) 1 LS $ 453,000,00 $ 453,000,00
6 Embankment (Fill) 1 LS $ 20,000,00 $ 20,000.00
7 Rock Excavation (Unclassified) 4,084 CY $ 26.00 $ 106,184,00
8 1 1/2" Type S III Asohalt (10' Greenwav) 2,011 SY $ 26,00 $ 52,286,00
9 1" Type S III Asphalt 935 SY $ 9,20 $ 8,602.00
10 12" Limerock Base (10' Greenwav) 2,303 SY $ 19,00 $ 43,757.00
11 Mill Exist PVMT 1" Deoth (Church Parkina Lot) 846 SY $ 9,00 $ 7,614,00
12 Asphaltic Concrete Course Tvoe ABC - 3 (9" thick) 89 SY $ 87,00 $ 7,743.00
13 Rip Rap (Sand Cementl 130 CY $ 550.00 $ 71,500,00
14 Concrete Headwall 8 EA $ 3,870,00 $ 30,960.00
15 4' x 8' Dual Box Culvert Steel and Headwalls included 108 LF $ 1,507,00 $ 162,756,00
16 30" RCP 50 LF $ 79.00 $ 3,950.00
17 36" RCP 99 LF $ 100.00 $ 9,900,00
18 42" RCP 126 LF $ 131,00 $ 16,506.00
19 Gabions 1,514 LF $ 285.00 $ 431,490,00
20 Geo Web (w/Soil Infill & Grass Cover\ 33,900 SF $ 6.13 $ 207,807,00
21 Solid Sod 20,813 SY $ 3.00 $ 62,439.00
22 14" HDPE Directional Bore (Includes 4" DR 11) 75 LF $ 136,00 $ 10,200.00
23 16" HDPE Directional Bore (Includes 6" DR 11) 150 LF $ 160.00 $ 24,000,00
24 Connection to Existina Force Main 4 EA $ 7,770.00 $ 31,080.00
25 Air Release Valve 10 EA $ 4,630,00 $ 46,300.00
26 4" Plua Valve 1 EA $ 950.00 $ 950,00
27 6" Plua Valve 3 EA $ 1,410,00 $ 4,230.00
28 6" Force Main DR - 14 30 LF $ 66,00 $ 1,980,00
BID # 07-4750
Lely Area Stormwater Improvement Project (LASIP) Phase 1A
1 0 gDENDUM!~ W
Item No Description Quantity Unit U nit Price Extended Price
29 6" Force Main DR - 18 200 LF $ 63,00 $ 12,600,00
30 8" Force Main DR - 14 90 LF $ 64,00 $ 5,760,00
31 8" Force Main DR - 18 1,641 LF $ 62.00 $ 101,742,00
32 Tvoe III Staked Silt Fence 10,590 LF $ 1,30 $ 13,767,00
33 Floatinq Turbiditv Barrier 550 LF $ 20.00 $ 11,000,00
34 Construction Proiect Siqn 1 LS $ 2,400,00 $ 2,400,00
TOTAL BASE BID $ 2,459,003,00
34 (Additive/Deductive) Alternate No.1 - Soil Hauling 20,000 CY $ 3,98 $ 79,600,00
and Staging
Provide all necessary labor, equipment, and materials
needed to stage excavated soils at a an alternate site.
35 Additive Alternante No.2 - Chain Link Fence - 1 LS $ 143,870.00 $ 143,870.00
Provide all necessary labor, equipment, and materials
needed to install one (1) mile of permanent, six (6) foot
tall, black plastic coated chain link fence.
TOTAL ALTERNATES $ 223,470,00
TOTAL BASE + ALTERNATES
$2,682,473.
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MATERIAL MANUFACTURERS
lOG
The Bidder is required to state below, material manufacturers it proposes to utilize on
this project. No change will be allowed after submittal of Bid. If substitute material
proposed and listed below is not approved by Engineer, Bidder shall furnish the
manufacturer named in the specification. Acceptance of this Bid does not constitute
acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR
BID WILL BE DEEMED NON-RESPONSIVE.
MATERIAL
MANUFACTURER
1. YflP rhf.sT- ~~~
2. ~6P
3.
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4.
5.
Dated J~/,'7t0t
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TPA#1953633.11
GC-P-3
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LIST OF SUBCONTRACTORS
The undersigned states that the following is a full and complete list of the proposed
Subcontractors it intends to use on this Project with respect to the categories of work
identified below, and that such list will not be added to nor altered without the prior
written consent of the Project Manager. The undersigned further acknowledges its
responsibility for ensuring that the Subcontractors listed herein are "qualified" (as
defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but
not limited to proper licenses, certifications, registrations and insurance coverage. The
Owner reserves the right to disqualify any Bidder who includes non-compliant or non-
qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is
found to be non-compliant with this requirement either before or after the issuance of
the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE
DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the
undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder
shall identify all Subcontractors it intends to use on the Project. The undersigned
further agrees that all Subcontractors subsequently identified for any portion of work on
this Project must be qualified as noted above.
1.
Category of Work
CAbi()4) CAA/5J
Subcontractor and Address
~-M:~Td7JJG
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2.
3.
4,
5,
Dated /c'pfl (06
TP A#1953633,11
GC-P-4
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STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Proiect and Location
1.
I-f.e 't- ,+ ('~ B e 0...7
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2.
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Dated
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BY:
TPA#1953633_11
GC-P-5
Reference
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TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
1.
2.
3,
4.
5,
Trench Safety
Measure
(Description)
Units of
Measure
(LF,SY)
LF
Unit
(Quantity)
Unit Extended
Cost Cost
$ { C6
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5/0ff1MaU
A O'DO
TOTAL
$
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Failure to complete the above may result in the Bid being declared non-responsive.
Dated I ^- fib /P 6
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TPA#1953633,11
GC-P-6
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Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, jf not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner,
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within two hundred and forty (240)
consecutive calendar days, computed by excluding the commencement date and
including the last day of such period, and to be fully completed to the point of final
acceptance by the Owner within thirty (30) consecutive calendar days after Substantial
Completion, computed by excluding commencement date and including the last day of
such period.
Respectfully Submitted:
State of PI c r' I-J.~
County of {D /1 ;o,/"
Br ~c.....t0 f &,..vN2--r , being first duly sworn on
oath deposes and says that the Bidder on the above Bid is organized as indicated and
that all statements herein made are made on behalf of such Bidder and that this
deponent is authorized to make them.
(S {I'c...---J Pe.JVNt.!!..-/, , also deposes and says
that it has examined and carefully prepared its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid; that the statements contained herein are true and correct.
TPA#1953633,11
GC-P-7
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(a) Corporation
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The Bidder is a corporation organized and existing
:I"rJJ.t.c.....,..Jc..., which operates under
f\{,'h.1~1I.l...~+;:'rL {c,../S{; (0, ::::.AfL~
officers are as follows:
under the laws of the State of
the legal name of
, and the full names of its
President
tcr ~ (.~ 1-14 1'1" i{o .-J
is r I"'~.--J Is rV,..,)~ -
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t3r ~.~~ 1~tV'rV6r
Secreta ry
Treasurer
Manager
The ~f'l:"'-rJ ?e-r./'Ne..r is authorized to sign construction bids
and contracts for the company by action of its Board of Directors taken
t2 1 tJ-~ I br- I a certified copy of which is hereto attached (strike
out this last sentence if not applicable),
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is
and if operating under a trade name, said trade name is
DATED
legal entity
TPA#195363311
GC-P-8
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STATE OF PI or....il~
COUNTY OF L D 1/ I<:Q /'
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BY: N,lc1ellJ-,(it-,...k.. ~-"115;: Lo:Z;tJL_
Name of Bidder (Typed)
~~
Signature
L-t::: D
Title
The foregoinQ insJrument was acknowledged before me this /~ day of D e L~M btif
2006, by /6 (', CL.~ P9NNer , as c... E-D
of Mrl-~~l\...t..&tc--rk.. rcNST, CurI.ne ,a ,rrV~('4.c-.Je:""" corporation, on
behalf of the corporation. He/she is personallv kQown to me or has produced
as identification
and Gi€t-(did not) take an oath,
My Cqmlf.l,ission Expires: '
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."0:' . ' . , ,'.i(;" e Inca lIrg at er
/ ~:""V~".o ". Commit,sion #DD1792i7
: . : : Ex~i"E,: .IJnuorj 22,2007
: '. .-: Bnnded Thru
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(AFFIX OFFICIAL SEAL)
TPA#1953633.11
GC-P-9
NAME:
(Signature Notary)
pd/}~ k5JtAc/&-
(Legibly Printed)
Notary Public, State of F/;:r-
Commission No.: / - 2." - 07
BID BOND
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KNOW ALL MEN BY THESE PRESENTS, that we Mitchell and Stark Construction
Co., Inc, (herein after called the Principal) and Fidelity and Deposit Company of Maryland
(herein called the Surety), a corporation ch31iered and existing under the laws of the state of
Maryland with its principal offices in the city of Baltimore and authorized to do business in the
State of Florida are held and fim1ly bound unto the Collier County Board of Commissioners
(hereinafter called the Owner, in the full and just sum of Five Percent of Maximum Bid
Amount dollars ($ 5% ) good and lawful money ofthe United States of America, to be paid
upon demand of the Owner, to which payment well and truly to be made, the Principal and the
Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and
severally and finnly by these presents,
Whereas, the Principal is about to submit, or has submitted to the Owner, a proposal for
fumishing all labor, materials, equipment and incidentals necessary to furnish and install:
County Bid No. 07-4075 Lelv Area Stormwater Improvement Lasip Phase lA
NOW, THEREFORE: The conditions of this obligation are such that if the Proposal be
accepted, the Principal shall, within fifteen days after the date of a written Notice of Award,
execute a Contract in accordance with the Proposal and upon the tenns, conditions and price(s)
set forth therein, of the fonn and manner required by the Owner, and execute a sufficient and
satisfactory Contract Perfonnance Bond and Payment Bond payable to the Owner, in an amount
of 100 Percent of the total Contract price each in a fonn and with security satisfactory to the said
Owner, then this obligation to be void; otherwise to be and remain in full force and virtue in the
law; and the Surety shall, upon failure of the Principal to comply with any or all ofthe foregoing
requirements within the time specified above, immediately pay to the aforesaid Owner, upon
demand, the amount hereof in good and lawful money of the United States of America, not as a
penalty but as liquidated damages.
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly
signed and sealed this 4th day of December , 2006
MITCHELL AND STARK ONSTRUCTION CO. INe.
Principal
By
(Seal)
FIDELITY AND DEPOSIT C MP ~Y OF MARYLAND
Surety,../"' 1/ '/> .;~L~~'<
By tl'vt-/t-(''/ {t. -e::r:c::~:"'" 0-':.
(Seal) // Anthony E, Oliman - Attorney-in-fact
.
Countersigned
Local Resident Producing Agent for Florida
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Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D, BARNES, Assistant Secretary,
in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, ~~are set forth on the
reverse side hereof and are hereby certified to be in full force and effect on the date h~~~d9;'ueieb~ nominate, constitute
and appoint Anthony E. ORTMAN, Andrew M. HA THEW A Y, Jo gq.L~G~WbRT-H\J:Ul,\~istopher M.
JOACHIM, all of ~ndianapolis, Indiana, E~CH its true al}.~f'b.~of\!~~~'r.y;:H~~~ake, execute, s~al and
deliver, for, and on Its behalf as surety, and as Its ac~~~~ \!1:.y;in~~~ ~iiJit:I'ertakmgs, and the executIOn of
such bonds or undertakings in pursuancl'< 0: ~t;ef~sm~;-Shall p.,e ~'lnllh~M1~~aid Company, as fully and amply, to all
intents and purp?ses, as if t~~ ~if~ \ftJ '~hs)e['ut~~4mr~~,~y.,I'eJ'gda by the regularly ele~ted officers of the Company at
its office in Baltlmol~M\i~ ~th~iJ n ,.pJ:pru;nfe&\\~power of attorney revokes that Issued on behalf of Anthony E.
ORTMAN, AndrewW\iiA'!!!~~~J[~A:stHiEFERSTEIN, Jo HOLLINGSWORTH, Christopher M. JOACHIM,
dated April 20, 2004r;~r()'l\j0. \j 1
The said Assistant Sci5i:et'rfy does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 29th day of August,
A,D,2005.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
1~ ~ j //00,+-
By:
i;~t Id
Eric D, Barnes
Assistant Secretary
William j, Mills
Vice President
State of Maryland }ss:
City of Baltimore
On this 29th day of August, A.D, 2005, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J, MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is_ the, Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation,
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
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Maria D. Adamski Notary Public
My Commission Expires: July 8,2007
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EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2, The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto,"
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990,
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed,"
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this
Ji-t
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day of
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Assistunt Secretury
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THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1, The Bid has been signed,
2, The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated,
5, Any required drawings, descriptive literature, etc. have been included,
6, Any delivery information required is included.
7, If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included,
8, Any addenda have been signed and included,
9, The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
11, The mailing envelope must be sealed and marked with:
<:>Bid Number;
<:>Project Name;
<:>Opening Date.
12, The Bid will be mailed or delivered in time to be received no later than the
specified openinq date and time, (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE F THE COURIER P KET ~
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DATE: /Z/;0 ok,
TPA#1953633,11
GC-P-12
10.
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CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with Mitchell & Stark Construction Co., Inc.
("Contractor") of 6001 Shirley St., Naples, FL 34109, a Florida corporation, authorized
to do business in the State of Florida, to perform all work ("Work") in connection with
Lely Area Stormwater Improvement Project (LASIP) Phase 1A, Bid No. 07-4075
("Project"), as said Work is set forth in the Plans and Specifications prepared by Agnoli,
Barber and Brundage, Inc., the Engineer and/or Architect of Record ("Design
Professional") and other Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: two million four hundred fifty nine
thousand three dollars and zero cents ($2,459,003.00).
GC-CA-1
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms.treas.qov/c570/c570.htm/#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and liQuidated Damaaes.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within two hundred and forty (240)
calendar days from the Commencement Date (herein "Contract Time"). The date of
Substantial Completion of the Work (or designated portions thereof) is the date certified
by the Design Professional when construction is sufficiently complete, in accordance
with the Contract Documents, so Owner can occupy or utilize the Work (or designated
portions thereof) for the use for which it is intended. Contractor shall achieve Final
Completion within thirty (30) calendar days after the date of Substantial Completion.
Final Completion shall occur when the Agreement is completed in its entirety, is
accepted by the Owner as complete and is so stated by the Owner as completed. As
used herein and throughout the Contract Documents, the phrase "Project Manager"
refers to the Owner's duly authorized representative and shall mean the Division
Administrator or Department Director, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
GC-CA-2
lOG
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, two thousand one
hundred and twenty one dollars ($2,121.00) for each calendar day thereafter until
Substantial Completion is achieved. Further, in the event Substantial Completion is
reached, but the Contractor fails to reach Final Completion within the required time
period, Owner shall also be entitled to assess and Contractor shall be liable for all
actual damages incurred by Owner as a result of Contractor failing to timely achieve
Final Completion. The Project shall be deemed to be substantially completed on the
date the Project Manager (or at his/her direction, the Design Professional) issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek to characterize
the above noted liquidated damages as a penalty, which the parties agree represents a
fair and reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time
periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E, Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
GC-CA-3
10 G
G, Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Exhibit 0:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Tech n ical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by Agnoli Barber & Brundage
and identified as follows: Lely Area Stormwater Improvement
Project (LASIP) Phase 1A
as shown on Plan Sheets 1 through 31.
Contractor's List of Key Personnel
Stored Materials Record
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
GC-CA-4
Shane Cox, Sr. Project Manager
Stormwater Management Department
2885 S. Horseshoe Drive
Naples, Florida 34104
(239) 659-5792
ShaneCox@Colliergov.net
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U,S. Mail, E-
mail or Facsimile, addressed to the following:
Brian Penner, CEO
Mitchell & Stark Construction Co., Inc.
6001 Shirley St.
Naples, FL 34109
(239) 597-2165'
FAX: (239) 566-7865
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
GC-CA-5
10' r'"
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Section 10. Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire Agreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated I and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Change Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
GC-CA-6
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10
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
****
GC-CA-7
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IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
FI STWITNESS
k~~~(L It \),~ j;,AJ9-~
Type/Print Name
(^ 'ai'e F
~ITNESS
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Type/Print Name
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Approved As To Form
and Leg~al Sufficiency: ~. I
Print Na~,l ~
Assistant County A orney
CONTRACTOR:
Mitchell & Stark Construction Co., Inc.
By: tft.,~
8 f I'CA..-,-J re,'\J.-J6(' c:.. Eo
Type/Print Name and Title
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLI::GOUN~ N
James Coletta ,Chairman
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EXHIBIT A
PUBLIC PAYMENT BOND
Lely Area Stormwaf:l:!r Improvement.Project (LASIP) Phase 1A
Bond No. 75"8' g6 J,J-
Contract No. 07-4075
KNOW ALL MEN BY THESE PHESENTS: That Mi tchell & stark Const.
Co., Ine. as Principal,
and Fidelity and Depos~t company o~ Maryland r as
Surety, located at p.o. BQ)~ 1227, Baltlmore, MD 2103-1227
{Business Address) are held and firmly b0und to Board of County CcmTtissioners, Co~lier County,
as Obligee in the sum of ~lllion four hundred fift~-nine thousand three. dollars FL
($ 2,459,003.00 ) for the paynent whereof we bind ourselves, our heirs, executors,
personal representatives, succensors and assigns, jointly and severally.
WHEREAS, Principal has en1(~red into a contract dated as of the ~ day of
January, 2007 ~ with Obligee for rely Area sta:r:mwater ~rovernents PH IA
in accordance with drawings and specifications, which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
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THE CONDITION OF THIS Bor,ID is that if Principal:
.. ~~J) Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal wifh labor, materials or supplies, used directly or indirectly
by Principal in the prosecution 0': the work provided for in the Contract, then this bond is
void; otherwise it remains in fulllorce.
Any changes in or under the :;ontract and compliance or noncompliance with any
formalities connected with the CDntract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Surety be Iiabln in the aggregate 10 claimants for more than the penal
sum of this Payment Bond, re!~ardless of the number of suits that may be filed by
claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this 26
day of January, 2007. ~, the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
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TPM1953633.11
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'"'\) Signed, sealed and delivered
.:-" in the presence of:
PRINCIPAL
"
~S~
(1'-, - ~
Witnesses a to ncipal
BY:
NAME:
ITS:
~
r~an enner
-
CEX)
STATE OF
COUNTY OF
Florida
Collier
The foregoing instrument was acknowledged before me this 26 day of January
20~, by Brian Penner , as em of
Mitchell & stark Const. 0:1., Inc. 1 a Indiana . oration, on behalf of the
corporation. He~ is personally known to me OR h duced as
identification and _ (did not) 'lake an oath.
19nature of Notary)
-Z~;;;U Jfb~ :tlUtS~
(Legibly Printed) .
My Commission Expires:
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............ RUSSELL H. DE JQNGE
l~"" r~<; MY COMMISSION # DD 539117
~*: . : EXPIRES: August 11,2010
Bonded Thru NotIlY PUblic underwn1ers
NAME:
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Florida
ATTEST:
SURETY:
Fidelity and Deposit Company
of Maryland
(Printed Name)
P.o. Box 1227
Balttmore, MD 2103-1227
(Business Address
(Authorized Signature)
(Printed Name)
Witnesses to Surety
)
TP A#195363J. 11
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As Attorn in Fact
(Attach wer of Attorney)
Anthony E. Orbnan
(Printed Name)
P.o. Box 1227
Baltimore, MD 2103
(Business Address)
h..x 317-816-4899 phf)'Ae- ]/7-f/t- i/Pf-J.
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 2006, by , as
of
Surety, on behalf of Surety. . He/She is personally known to me OR has produced
as identification and who did (did not)
take an oath.
My Commission Expires:
(Signature)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
TPAU'1953633,11
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EXHIBIT A
PUBLIC PERFORMANCE BOND
10
Lely Area Stormwater Improvement Project (LASIP) Phase 1A
, Bond No. 7~-tf fl4 /S-
Contract No. 07-4075
KNOW ALL MEN BY THESE FRESENTS: That Mitchell & stark Const. Co. Inc.
, as Principal, and Fidelity and Dep:>sit Company of Maryland
, as Surety, located at
P.o. Box 1227, Baltimore, j1J) 2103-1227
(Business Address) , are held and firmly bound to
Board of County Commissioru.:~rs, collier County, FL , as Obligee in the sum of
Two Million Four Hundred Fi: Ety-Nine 'I11ousand Three dollars
($ 2,459,003.00 ) for the p;~yment whereof we bond ourselves, ou r heirs, executors,
personal representatives, SUCC'~SSOfS and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the 26
January, 2007 , ~, . with Obligee
Lely Area Stormwater Impr~::mlent PH lA.
in accordance with drawings and specifications, which contract is incorporated by
reference and made a part hereof, and is referred to herein as the Contract. ,
day of
for
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THE CONDITION OF THIS BeND ;s that if Principal:
1. Performs the Contract crt the times and in the manner prescribed in the Contract;
and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of ~my default by Principal under the Contract, including, but
not limited to, all delay damag~:s, whether liquidated or actual, incurred by Obligee; and
3. Peliorms the guarantee of all work and materials furnished under the Contract for
the time specified in the Confract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected wi"lh the Contract or the changes do not affect Sureties
obligation under this Bond.
The Surety, for value receh1ed, hereby stipulates and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to
be performed hereunder, or th.~ specifications referred to therein shall in anywise a'ffect
its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
This instrument shall be construed in all respects as a common law bond. It is
expressly understood that the time provtsions and s1a1ute of limitations under Section
255.05, Florida Statutes, shan not apply to this bond.
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In no event will the Surety be Iiabl,e in the aggregate to Obligee for more than the penall
sum of this P.Srforniahce Bond psgardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOFr the above parties have executed this instrument this 26
day of January, 2007 ,~~, the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
Signed, sealed and delivered
in the presence of:
/~S~
(L. ;tf-( (1:-
Witnesses as to Pri'i1cipal
PRINCIPAL
~~--
BY:
Brian Penner
Cl:XJ
NAME:
ITS:
STATE OF
COUNTY OF
Florida
Collier
26
day of
I as
a
is
The foregoing
Januaxy, 2007
CEX)
WF.S
personally known to
My Commission Expires:
i nature)
Name:=-ZllSS'~1..{ JfUlf JO.vGE:-
(Legibly Printed)
Notary Public, State of: Florida
Commission No.:
.~"..... RUSSELL H. DE JONGE
l~ I'/i~.. MY COM~I~S\ON * 00 539117
k:~ EXPIR~S: August 11,2010
~! Bondlld T1t(li Nolary P\Jlll1c Underwriters
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(AFFIX OFFICIAL SEAL)
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ATTEST:
Witnesses as to Surety
SURETY:
Fideli ty and Deposit Company
of Maryland.
(Printed Name)
P.o. Box 127.7
~lt~more, ~v ~IU~-1227
"'".;' ^....f~...;
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(Business Address)
(Authorized Signature)
(Printed Name)
OR
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Witnesses
STATE OF
COUNTY OF
Anthony E. Orb'nan,
(Printed Name)
P.O. Box 1"'227
Baltimore, MD 2103-1227
(Business Address)
;::'4)(' 317-816-4899. 1/7 - J2/" - ~ g- &- J.
(Telephone Number)
The foregoing instrument was acknowledged before me this _ day of
I 2006, by 1 as
of
behalf of Surety.
I a Surety, on
He/ShE: IS personally known to me OR has produced
as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
---)
TPAjl,1953633.11
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
GC-CA-A-6
10
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary,
in pursuance of authority granted by Article Vl, Section 2, of the By-Laws of said Company, ' are set forth on the
reverse side hereof and are hereby certified to be in full force and effect on the date he, c@s by nominate, constitute
and appoint Anthony E. ORTMAN, Jo HOLLINGSWORT1iNHnd Ch js,~ of Indianapolis,
Indiana, EACH its true and lawful agent and AttorniiiiY-in-F ,~h!$ . '" , and on its behalf as
surety, and as its act and deed; any and all bonds ft ' a such bonds or undertakings in
pursuance of these presents, shall be as bi ' uijil\ om ~~~ ply, to all intents and purposes, as if they
had been duly executed and ack c re - dfIitlers of the Company at its office in Baltimore, Md., in
their own proper pej:SB~p ~~o Issued on behalf of Anthony E. ORTMAN, Andrew M,
HATHEWAY, Jo Hgt~J:'W8W!l\~i er M. JOACHIM, dated August 29, 2005,
The said Assistant ~~~~e'M~ certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-rlcl?~dCompany, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 23rd day of January,
A.D,2007,
A TrEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(l.. /j /: jI,
~ ;J,( ~ f!/tlfl;(1
By: ,I
Eric D. Barnes Assistant Secretary William J. Mills Vice President
State of Maryland } ss'
City of Baltimore .
On this 23rd day of January, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written,
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Maria D. Adamski Notary Public
My Commission Expires: July 8,2007
POA-F 044-A
10
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2, The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990,
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed,"
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this
f"L-..
r.J ~ day of
T~ Vtv/u7
, d () {;"? .
.'7
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Assistant Secretary
ACORD~ CERTIFICA TE OF LIABILITY INSURANCE OP ID R31 DATE (MMlDDIYYYY)
MITCH-l 01/26/0')11
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION .L~ )
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Tobias Insurance Group, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
9247 N. Meridian st. Ste. 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
.:ndianapolis IN 46260
~one:317-844-7759 Fax: 317-844-9910 INSURERS AFFORDING COVERAGE NAIC#
..<SURED INSURER A 2urich American :Ins. Coapany
INSURER B: Arch Specialty Insurance Co_ 21199
Mitchell & Stark Construction INSURER C
c~anKf Inc. - Florida
600 S 1rle~ Street INSURER 0
Naples FL 3 109
INSURER E
(1
I
i.
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT, TERM OR CONDITION OF ANY CONlAACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO.AJ.L THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LTR NSR[ TYPE OF INSURANCE POLICY NUMBER 'til~IMMlDDIYY) DATE (MMlDDIYY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
- 03/01/06 ~IV "''''Ie"
A X ~ COMMERCI.AJ. GENERAL LIABILITY GL0464148401(06) 03/01/07 PREMISES (Ea occurencel $300,000
=:J CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $10,000
-
X Contractual Liab PERSONAL & mv INJURY $1,000,000
X $2,500 PD DED GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER' PRODUCTS. COMP/OP AGG $2,000,000
I !xl PRO. n
POLICY X JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $1,000,000
A .!.. ANY AUTO BUA464148301 (06) 03/01/06 03/01/07 (Ea accident)
.-'lLL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
f--
~ HIRED AUTOS BODILY INJURY
(Per accident) $
X NON-OWNED AUTOS
I--
PROPERTY DAMAGE $
I (Per accident)
--
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $
R ANY AUTO OTHER THAN EAACC $
AUTO ONL Y: ,A,GG $
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $5,000,000
B g] OCCUR D CLAIMS MADE ULPOO0476301(06) 03/01/06 03/01/07 AGGRE GATE $5,000,000
$
i ~ DEDUCTIBLE $
I
X RETENTION $10,000 $
WORKERS COMPENSATION AND X ~~~wsr IU~8
A EMPLOYERS' LIABILITY WC464148501(06) 03/01/06 03/01/07 $1,000,000
ANY PROPRIETORIPARTNERlEXECUTIVE EL EACH ACCIDENT
OFFICERlMEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE $1,000,000
If yes, describe under $1,000,000
SPECIAL PROVISIONS below E.L. DISEASE. POLICY LIMIT
OTHER
DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS
ADDITIONAL INSURED[GENERAL LIABILITY]: COLLIER COUNTY, FLORIDA BOARD OF
COUNTY COMMISSIONERS THE GENERAL LIABILITY IS PRIMARY AND NON-CONTRIBUTORY.
WAIVER OF SUBROGATION APPLIES TO ~HE GENERAL LIABILITY AND WORKERS
COMPENSATION POLICIES. RE: LELY AREA STORMWATER IMPROVEMENT PROJECT PH. IA ~ ~ -!:\- O-:}- '-t61 ("
CERTIFICATE HOLDER
CANCELLATION
COLLIER
SHOULD AN'( OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30
DAYS WRITTEN
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
3301 EAST TAMIAMI TRAIL
NAPLES FL 34112
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
ACORD 25 (2001/08)
CORD CORPORATION 1988
IF YOU ARE THE RECIPIENT OF THIS CERTIFICATE:
ANY WORDING TO INCLUDE THE HOLDER AS AN ADDITIONAL INSURED, PROVIDE
COVERAGE ON A PRIMARY AND NON-CONTRIBUTORY BASIS, OR PROVIDE A WAIVER OF
__<3UBROGATION APPLIES ONLY WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEME.NT
IF YOU ARE THE REQUESTOR TO PROVIDE THIS CERTIFICATE:
Tobias Insurance Group, Inc. has, upon your request, issued the attached
Certificate of Insurance.
If you did not already, we highly recommend that you provide our Agency
with a copy of the insurance and indemnification provisions of the
contract pertaining to the certificate request so that we may properly
ascertain whether your insurance program addresses the terms, types and
amounts of insurance coverage referenced by the contract.
While most certificates can be issued at no cost to you, the contract may
identify insurance requirements that require the purchase of insurance
coverage at an additional premium. In same instances, the coverage
identified in the contract may be outside the underwriting guidelines of
the insurance carrier and cannot be obtained. In other instances, you may
not wish to purchase the additional coverage and may attempt to negotiate
~_~hanges in the insurance requirements.
In perfor.ming the review of your contracts, neither Tobias Insurance
Group, Inc. nor its employees are providing legal advice or a legal
opinion concerning any portion of the contract. Our Agency is not
undertaking to identify all potential liability that might arise under
this contract. This review is provided for your information and should
not be relied upon by third parties.
Any description of insurance coverage is subject to the terms, conditions,
exclusions and other provisions of the policies and any applicable
regulations, rating rules or plans.
, n ,"
EXHIBIT B
INSURANCE REQUIREMENTS
lOG
(1) The amounts and types of insurance coverage shall conform to the following minimum
requirements. with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed
minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and
amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole
responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the Project by the Owner or as specified in this
Agreement, whichever is longer.
(4) Certificates of insurance (3 copie$) acceptable to the Owner and in the form set forth in
Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice
of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place
the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of
all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner.
(5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of
policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor
shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor
from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor
hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance
program carried by the Owner applicable to this Project.
(7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or
agreement by the Owner that the insurance requirements have been satisfied or that the insurance
policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors work, insurance of the types and to the limits specified in this
Section unless such insurance requirements for the Subcontractor are expressly waived in writing by
the Owner.
(9) Should at any time the Contractor not maintain the insurance coverage's required herein, the
Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such
GC-CA-B-1
lOG
coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse
Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs
from any amount due Contractor under this Agreement or any other agreement between Owner and
Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage's purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
(10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or
replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their
expiration, Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be
considered justification for the Owner to terminate the Agreement.
(11) All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.1 All insurance policies, other than the Business Automobile and Workers Compensation
policies, provided by Contractor to meet the requirements of this Agreement shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under
this Agreement and shall contain a severability of interests provisions.
11.2. Companies issuing the insurance policy or policies shall have no recourse against
Owner for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Contractor.
11.3. All insurance coverages of Contractor shall be primary to any insurance or self-
insurance program carried by Owner applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by Contractor shall not apply to any
insurance or self-insurance program carried by Owner applicable to this Project.
11.4. The Certificates of Insurance, which are to be provided on the form set forth in
Attachment I to this Exhibit S, must identify the specific Project name, as well as the site
location and address (if any).
11.5, All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
11.6, All insurance policies to be provided by Contractor pursuant to the terms hereof must
expressly state that the exclusive venue for any action concerning any matter under
those policies shall be in the appropriate state court situated in Collier County, Florida.
WORKERS' COMPENSA liON AND EMPLOYERS' LIABILITY
Required by this Agreement? ~ Yes _ No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
Contractor during the term of this Agreement for all employees engaged in the work under this
GC-CA-B-2
lO-G
Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall
not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability
~.
2L
$1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the Owner and the policy shall be
so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work. (check one)
o Applicable fXI Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work. (check one)
o Applicable fXI Not Applicable
COMMERCIAL GENERAL LIABILITY
Required bythis,Agreement? .x Yes _ No
(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily. Injury, Property Damage,
Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage. Limits of Liability shall not be less than the following:
l General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occu rrence
Fire Damage
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit
under LIMITS OF INSURANCE applies separately to each of your projects away from premises
owned by or rented to you."
(3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such
coverage shall be primary to any similar coverage carried by the Owner.
GC-CA-B-3
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I (4) Coverage shall be included for explosion, collapse or underground property damage claims.
(5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement. (check one)
D Applicable [gJNot Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if
applicable to the completion of the work under this Agreement. (check one)
D Applicable [gJ Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property inslJrance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property required to be covered,
whichever is earlier. This insurance shall include interests of the Owner, the Contractor,
Subcontractors, Sub-subcontractors and Material Suppliers in the Work.
- l (2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover
reasonable compensation for Professional's services and expenses required as a result of such
insured loss. At the Owner's option, flood and windstorm insurance will also be purchased.
(3) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for
any deductible associated with the all-risk policy described above shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents. The responsibility of the Contractor for any deductible associated with the flood or
windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents,
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit.
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
Owner. If purChased this insurance shall include interests of the Owner, Contractor, Subcontractors
and Sub-subcontractors in the Work.
GC-CA-B-4
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~- )<6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
Design Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall
provide waivers of subrogation by endorsement or otherwise.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made
payable to the Owner for the insured, as their interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? L Yes _ No
(1) Automobile Liability Insurance shall be maintained by the Contractor, for the ownership,
maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:
Bodily Injury & Property Damage - $ 500,0'00
.lL- Bodily Injury & Property Damage - $1,000,000
Bodily Injury & Property Damage - $ 2,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability,
and Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
GC-CA-B-5
r
C"
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER
STATE OF FLORIDA}
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated , 2006 for the period from
to , excluding all retainage' withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2006, by
. as of , a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
TPA#1953633.11
GC-CA-C-1
10 ("t
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EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
= Less Retainage $
Less previous payment (s) $
% AMOUNT DUE THIS
% APPLICATION: $
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
-. ) CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By Design Professional:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
TPA#1953633.11
GC-CA-D-1
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EXHIBIT E
CHANGE ORDER
TO:
Project Name:
Bid No. :
Change Order No.:
FROM: Collier County Government
Construction Agreement Dated:
Date:
Change Order Description
Original Agreement Amount....,... ................ ...... ...... .......................$
Sum of previous Change Orders Amount .......................................$
This Change Order Amount ........................................................... $
Revised Agreement Amount ............... ................ ........ .................... $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
\
I Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by: Date:
Project Manager
Recommended by: Date:
Design Professional
Accepted by: Date:
Contractor
Approved by: Date:
Department Director
Approved by: . Date:
Division Administrator
Approved by: Date:
Purchasing Department
GC-CA-E-3
Authorized by
Director
Date:
(For use by Owner: Fund
Numbe~ )
Cost Center:
Object Code:
GC-CA-E-4
10 G '~'f'
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Project
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;1
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
Design Professional's Project No.
PROJECT:
CONTRACTOR
Contract. For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
\
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can OCCLJPy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
TPA#1953633.11
GC-CA-F-1
lOG
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on
,2006
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2006
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2006
OWNER
By:
Type Name and Title
TPA#1953633.11
GC-CA-F-2
10, r:
LI
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.:
Contractor:
Project No.:
Date:
.2006
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount:
Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement:
Actual Date of Substantial Completion:
Calendar Days.
Final Completion Time as set forth in the Agreement:
Actual Final Completion Date:
Calendar Days.
YES
NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
(Company Name)
(Signature)
(Typed Name & Title)
By Contractor:
TPA#1953633.11
GC-CA-G-1
By Design
Professional:
By Owner:
TPA#1953633.11
GC-CA-G-2
10
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
.- )
EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
lOG
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
those affecting transportation, access, disposal, handling and storage of materials;
TPA#1953633.11
GC-CA-H-1
availability and quality of labor; water and electric power; availability and COnditioJoO L
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
. 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
TPA#1953633.11
GC-CA-H-2
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3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday
through Friday. No work shall be performed outside the specified hours without the
prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
TP A#1953633.11
GC-CA-H-3
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4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each subsequent Application for Payment, Contractor also shall
complete and submit to Owner as part of its Application for Payment, the Stored
Materials Record attached hereto and made a part hereof as Exhibit O.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment,' whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner. The Project Manager shall have the discretion to establish, in writing, a
schedule to periodically reduce the percentage of cumulative retainage held through out
the course of the Project schedule. Owner reserves the right to reduce the amount of
the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing
Policy.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
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4.7 Each Application for Payment shall be accompanied by a Release and Affidavit,
in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full
for all materials, labor, equipment and other bills that are then due and payable by
Owner with respect to the current Application for Payment. Further, to the extent
directed by Owner and in Owner's sole discretion, Contractor shall also submit a
Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the
form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor
or supplier has been paid in full through the previous month's Application for Payment.
The Owner shall not be required to make payment until and unless these affidavits are
furnished by Contractor.
10 I]
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contra,ctor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work cali be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
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however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in th~ delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier, .
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named-. Requests for review of
substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
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Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within Which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
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Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.3
personnel;
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
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Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
-,
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
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10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee' or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
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10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"C[aim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim.
Claims not settled by the aforesaid procedure, shall be resolved according to the
Dispute Resolution Procedure copies of which are available in the County Attorney's
Office or Purchasing Department. All Claims shall be priced in accordance with the
provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
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12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
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14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
15.3 Removal of rock to achieve required dredge depth is to be accomplished without
the use of blasting due to the very close proximity to existing structures.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
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to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to.
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoinvemedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
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damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
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for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have~the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
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20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the tenns and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
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(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
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proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
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23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Builder or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
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Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. . All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such Joss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
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Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark- established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
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28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative located on a fu~1 time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
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28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
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Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.netlpurchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor
shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
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any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
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portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner will be an additional insured on
all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties
directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the
subcontract or purchase order. Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract, copies of the Contract
Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendentfor each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
TPA#1953633.11
GC-CA-H-26
In
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
34.1.4
34.1.5
34.1.6
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
34.1.12
34.1.13
34.1.14
34.1.15
34.1 .16
34.1.17
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
TPA#1953633.11
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
, Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
GC-CA-H-27
10.(\..
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The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format. Presentations may include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
TPA#1953633.11
GC-CA-H-28
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
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TPA#1953633.11
GC-CA-I-1
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Exhibit I Supplemental Terms & Conditions
I. GENERAL STORMW ATER MANAGEMENT DEPARTMENT
SUPPLEMENTAL TERMS & CONDITIONS
ACCESS OR STAGING TO PROJECT WORK AREA
Access to the work site may be limited or restricted. It will be the Contractor's
responsibility to inspect the work site prior to submission of the Bid/Quote to ensure there
will be no ingress and egress issues.
In addition, should access or an off site staging area be necessary other than indicated on
the plans, the Contractor must be granted and the fee owner must provide written
authorization. A copy of the authorization letter must be provided to the Project Manager
for the Project file.
Any and all related costs to gain access to or for staging purposes for the work site shall
be included in the Bid/Quote.
AS-BUILTS/RECORD DRAWINGS
The Project's Design Professional and his Florida Registered Professional Surveyor and
Mapper (P.S.M.) are responsible for the Project's As-BuiltlRecord Drawings unless
otherwise specified within the Technical Plans and Specifications.
Prior to construction commencement, the Contractor shall meet with the Design
Professional and his P.S.M. to determine the Project's critical points to the final As-
Builts. The Contractor shall also coordinate with the Design Professional and his P.S.M.
to faciliate measurment at those critical Project points.
The Contractor's Final Payment shall be withheld pending the Design Professional and
his P.S.M. Certification of the contracted improvements are per design.
During the progress of the work the Contractor shall keep and maintain one (1) Approved
for Construction copy of all project plans, drawings, specifications, and any addenda,
written amendments, change orders, work directives orders, supplemental agreements and
other written interpretations and c1airifications.
It is suggested that there be an "Approved for Construction Ghosted Plan Set" for the
Contractor's use. The Contractor shall also note to show updated construction devations
annotated in red line as well as any approved design changes authorized by the Design
Professional. All devations shall be initialed and dated by the Contractor.
All survey information depicted on the As-Built Drawings shall be collected under the
direct superision of the P.S.M. in accordinance with Fiorida Statute Chapters 177 and 472
and Chapter 61 G-17 of the Florida Administrative Code.
1
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ACCIDENTS OR THEFTS
The Contractor shall be responsible to contact the Project Manager to report any
accidents or thefts involving or occurring within the work site. Should they occur the
Contractor, at no additional cost to the County, should photograph the damage or loss and
provide the dated photograph to the Project Manager.
GENERAL SITE CONDITIONS CARE
Due care shall be taken of all existing landscaping. The Contractor may be required to
preform necessary site pruning on any existing plant's foliage which will interfere with
the equipment or work area to limit total removal and/or replacement of the landscape
material. The Contractor shall be responsible for replacement at the Contractor's costs
unless otherwise approved by the Project Manager.
PRECONSTRUCTION VIDEO
It shall be the Contractor's responsibility to provide a preconstruction video tape in DVD
format documenting the condition of the Project area prior to commencement of any
work. This video tape should capture pre-project conditions of all private property
adjacent to the proposed project area and public property in the r/w with the intent to
document all existing conditions for use in resolving any post-project private or public
property alleged damage claims. The video is to be submitted to the Project Manager
prior to construction commencement for the Project file at no additional costs.
PROJECT LA yom REQUIREMENTS
The Contractor shall be responsible to install the work in accordance with the "Approved
For Construction Plans and Specifications". Project layout is the Contractor's
responsibility. The Design Professional's Florida Registered Professional Surveyor and
Mapper (p.S.M.) shall estabilish survey control and the location of any/all existing
boundary monumentation to facilitate its replacement if damaged. The Contractor shall
make every effort to preserve stakes/laths, monuments, bench marks, and other control
points. A Florida Registered P.S.M. is responsible for the replacement of any & all
survey control or boundary comers damaged or destroyed during construction at no
expense to the County. .
TRAFFIC CONTROL
Maintenance of Traffic is solely the responsibility of the Contractor and is to be placed
prior to construction. Should the Contractor not place and/or properly maintained the
Maintenance of Traffic (M.OT.) the Project Manager will require the Project work to
cease until the proper M.OT. has been placed and/or maintained.
The Contractor shall comply with the requirements of Collier County's Maintenance of
Traffic (M.O.T.) Policy copies of which are available through the Risk Management or
Purchasing Department. The Contractor shall obtain and review the Collier COilllty
M.O.T. Policy Requirements prior to submitting a Bid/Quote.
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The Contractor will be responsible for obtaining copies of all required manuals,
M.D.T.C.D., F.D.O.T. Roadway & Traffic Design Standards Indexes, or other related
documents, so to become familiar with their requirements. Strict adherence to the
requirements ofthe M.O.T. Policy will be enforced under this Contract.
High-visibility clothing or vests with retro-reflectorized striping shall be worn at all times
by all employees working within Collier County Rights-of-Way (See exception below).
This includes personnel that may visit the "work zone" temporarily, such as management
and/or vendors. AN.S.I./LS.E.A. 107-2004 or the most current edition, Class 2 or Class
3 garments are required for daytime use.
A Class 3 garment is mandatory for use by flagging personnel during any hours of
darkness, including during inclement weather situations, where conditions may create
hours of darkness during normal daylight conditions.
Exception: When other industry apparel safety standards require workers to wear apparel
that is inconsistent with Federal, State or county requirements such as N.F.P.A,
O.S.H.A, A.N.S.I., etc., the other standards may prevail. However, apparel must still
meet high visibility color requirements of fluorescent lime-green or fluorescent orange
only and must be maintained in good condition and replaced as necessary.
Ex. Utility workers exposed to high voltage electricity may choose not to wear vests or
clothing with retro-reflective striping as long as the color requirements listed above are
met.
Directional lighted and flashing arrow board may be required.
See attached "Maintenance of Traffic Procedure" dated 02-23-06 B. Contractor
Requirements (External)
II.. STORMWATER MANAGEMENT DEPARTMENT PROJECT SPECIFIC
CONDITIONS
There are certain items which are being brought to the Bidder's/Quoter's attention. They
are:
· VERY IMPORTANT: Dredged fill material is to be disposed of according to a
soil management plan which will be presented at the pre-bid meeting.
· Replacing materials shown on the attached construction plan with an equivalent
one will require prior authorization in writing from the Design Professional and
the Project Manager.
3
PERMITS AND STORMW ATER POLLUTION PREVENTION PLAN
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Permits
The following permits for the Project have already been obtained by Collier County or
are the Contractors responsibility to obtain, as noted below. Copies of the all permits
obtained by Collier County are attached. It is the Contractor's responsiblility to read and
understand all permit and permit conditions.
1. South Florida Water Management District (S.F.W.M.D.) Permits
Joint Application For Environmental Resource Permit/Authorization to Use state
Owned Submerged Lands/Federal Dredge and Fill Permit (Noticed General
Permit).
Water Use Dewatering - Should a dewatering permit be needed, it will be the
Contractor's responsibility to apply for and obtain a dewatering permit. The
County will only provide the required sets of construction plans along with the
corresponding application fee, if needed.
2. Collier County Ricl1t-of- W ay Permit
It is the Contractor's responsibility to prepare and submit application forms, and
address any request for additional information from the Transportation Services
Division RfW Permittiug as needed.
The Contractor is also responsible for preparing and submitting the Maintenance
of Traffic (M.O.T.) Plan for review and approval by the Transportation Services
Division RfW Permitting Section. The County will only provide the required sets
of construction plans along with the corresponding application fee.
3. National Pollutant Discharge Elimination System (N.P.D.E.S.) Construction
General Permit
N.P.D.E.S. Description
N.P.D.E.S. requirements applies and requires documentation to be prepared and
signed by the Contractor before conducting construction operations/activities
impacting more that one (1) acre, in accordance with the terms and conditions of
the National Pollutant Discharge Elimination System (N.P.D.E.S.) Stormwater
Permit, as required by Florida Administrative Code (F.A.C.) Chapter 62-621.
The Contractor shall be for responsible for implementation, maintenance and
inspection of storm water pollution prevention control measures in accordance
with F.A.C. Chapter 62-621 including, but not limited to, erosion and sediment
control, stormwater management plans, waste collection and disp,?sal, off-site
vehicle tracking, and other practices shown on the Drawings and/or specified
elsewhere in this or other specifications. The stormwater pollution prevention
control measures shall include protection of offsite public and private storm sewer
facilities potentially impacted during construction. stormwater facilities include
streets, inlets, pipes, ditches, swales, canals, culverts, control structures, and
detention/retention areas.
4
10 G
The Contractor shall prepare and review implementation of the Stormwater .
Pollution Prevention Plan (S.W.P.P.P.) in a meeting with the County prior to start
of construction.
Notice Of Intent (NOI)
The Contractor shall fill out, sign and date a Notice of Intent to Use Generic
Permit for stormwater discharge from Large and Small Construction Activities,
(F.D.E.P. Form 62- 621.300(4)(b)). Submit the signed copy of the N.O.I. to the
County. The County will submit the completed form to the F.D.E.P. along with
the required permit fee.
Certification Requirements
On the attached Operator's Information form, fill out the name, address and
telephone number for the Contractor, persons or firms responsible for
maintenance and inspection of erosion and sediment control measures, and all
Subcontractors.
The Contractor and Subcontractors named in the Operator's Information form
shall read, sign and date the attached Contractor's/SubcoIitractor's Certification
form.
The persons or firms responsible for maintenance and inspection of erosion and
sediment control measures shall read, sign and date the attached Erosion Control
Contractor's Inspection and Maintenance Certification Form.
Submit all forms to the County Manager or designee before beginning
construction.
Retention Of Records
Retain a copy of the S.W.P.P.P. at the construction site and at the Contractor's
office from the date that it became effective to the date ofproject completion.
At project closeout, submit to the County all N.P.D.E.S. forms and certifications,
as well as a copy of the S.W.P.P.P. stormwater pollution prevention records will
be retained by the County Manager or designee for a period of three (3) years
from the date of project completion.
Required Notices
The following notices shall be posted from the date that the S.W.P.P.P. goes into
effect until the date of [mal site stabilization:
1. A copy of the submitted N.O.I. and a brief project description, as given in the
S.W.P.P.P., shall be posted at the construction site and at the Contractor's office
in a prominent place for public viewing.
2. Notice to drivers of equipment and vehicles, instructing them to stop, check and
clean tires of debris and mud before driving onto traffic lanes. Post such notices at
every stabilized construction exit area.
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3. Post a notice of waste disposal procedures in an easily visible location on site.
4. Notice of hazardous material handling and emergency procedures shall be
posted with the N.O.I. on site. Keep copies of Material Safety Data Sheets at a
location on site that is know to all personnel.
5. Keep a copy of each signed certification at the construction site and at the
Contractor's office.
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OPERATOR'S INFORMATION
Owner's Name and Address:
Contractors' Names and Addresses:
General Contractor:
Telephone:
Site Superintendent:
Telephone:
Erosion Control and
Maintenance Inspection:
Telephone:
Subcontractors' Names and Addresses:
Phone:
Collier County Stormwater Management
Department
2885 S. Horseshoe Drive
Naples, Florida 34104
239.774.8192
Phone:
7
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CONTRACTOR'S I SUBCONTRACTOR'S CERTIFICATION
I certify under penalty of law that I understand the terms and conditions of Florida's
National Pollutant Discharge Elimination System (N.P.D.E.S.) Construction General
Permit that authorizes storm water discharges associated with activity from the
construction site identified as part of this certification, and that I have received a copy of
the S.W.P.P.P.
Signature:
Name: (printed or typed)
Title:
Company:
Address:
Signature:
Name: (printed or typed)
Title:
Company:
Address:
Signature:
Name: (printed or typed)
Title:
Company:
Address:
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EROSION CONTROL CONTRACTOR'S
INSPECTION AND MAINTENANCE CERTIFICATION
I certify under penalty of law that I understand the terms and conditions of Florida's
National Pollutant Discharge Elimination System (N.P.D.E.S.) Construction General
Permit that authorizes storm water discharges associated with activity from the
construction site identified as part of this certification, and that I have received a copy of
the S.W.P.P.P.
Signature:
Name: (printed or typed)
Title:
Company:
Address
Date:
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NOTICE OF INTENT
TO USE GENERIC PERMIT FOR
STORMW A TER DISCHARGE FROM
LARGE AND SMALL CONSTRUCTION
ACTIVITIES
(RULE 62-621.300(4), F.A.C.)
This Notice of Intent (NOI) form is to be completed and submitted to the Department before use of the
Generic Permit for Storm water Discharge From Large and Small Construction Activities provided in Rule
62-621.300(4), F.A.C. The type of project or activity that qualifies for use of the generic permit, the
conditions ofthe permit, and additional requirements to request coverage are specified in the generic permit
document [DEP Document 62-621.300(4)(a)]. The appropriate generic permit fee, as specified in Rule
62-4.050(4)(d), F.A.C., shall be submitted with this NOI in order to obtain permit coverage. Permit
coveral!e will not be l!ranted without submittal of the appropriate l!eneric permit fee. You should
familiarize yourself with the generic permit document and the attached instructions before completing this
NOI form. Please print or type information in the appropriate areas below.
L IDENTIFICATION NUMBER:
Project ill
ll. APPLICANT INFORMATION:
A. Operator Name:
B. Address:
C. City: I D. State: I E. Zip Code:
G. Responsible Authority:
F. Operator Status:
H. Phone No.:
IlL PROJECT/SITE LOCATION INFORMATION:
A. Project Name:
B. Project Address/Location:
C. City: I D. State: ,I E. Zip Code:
F.County: I G. Latitude: 0 I " Longitude: 0 , "
H. Is the site located on Indian lands? DYes DNo I I. Water Management District:
1. Project Contact: I K. Phone No.:
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IV. PROJECT/SITE ACTIVITY INFORMATION:
o Large Construction (project will disturb five or more acres of land.)
o Small Construction (project will disturb one or more acres but less than five acres ofland.)
Acres
o Address in Part II above 0 Address in Part III above 0 Other address (specifY below)
F. State:
G. Zip Code:
Start Date:
Completion Date:
v. DISCHARGE INFORMATION
A. MS4 Operator Name (if applicable):
B. Receiving Water Name:
VI. CERTIFICA TION1:
I certifY under penalty of law that this document and all attachments were prepared under my - direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system
or those persons directly responsible for gathering the information, the information submitted is, to the best
of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties
for submitting false information, including the possibility of fme and imprisonment for knowing violations.
Signature:
Date Signed:
1 Signatory requirements are contained in Rule 62-620.305, F.A.C.
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INSTRUCTIONS - DEP FORM 62-621.300(4)(b)
NOTICE OF INTENT (NOI) TO USE GENERIC PERMIT FOR STORMW ATER DISCHARGE
FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES
Who Must File an NOI:
Federal law at 40 CFR Part 122 prohibits the point source discharge of pollutants, including the discharge
of stormwater associated with large construction activities as defmed at 40 CFR 1 22.26(b )(14 )(x) or small
construction activities as defmed at 40 CFR 1 22.26(b)(1 5), to waters of the United States without a
National Pollutant Discharge Elimination System (NPDES) permit. Under the State of Florida's authority
to administer the NPDES storm water program at 403.0885, F.S., operators that have stormwater discharge
associated with large or small construction activities to surface waters of the State, including through a
Municipal Separate Storm Sewer System (MS4), must obtain coverage either under a generic permit issued
pursuant to Chapter 62-621, F.A.C., or an individual permit issued pursuant to Chapter 62-620, F .A.C.
Where to File NOI:
NO Is for coverage under this generic permit must be sent to the following address:
NPDES Stormwater Notices Center, MS #2510
Florida Department of Environmental Protection
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Permit Fee:
Permit fees for large and small construction activities to be covered under the generic permit are specified
in Rule 62-4.050(4) (d), F.A.C. The appropriate generic permit fee (either for large or small construction
activities) must be submitted along with the completed NOI in order to obtain coverage under the generic
permit. Generic permit coverage will not be granted without payment of the appropriate permit fee.
The permit fee shall be paid by either check or money order made payable to: "Florida Department of
Environmental Protection"
Part I - Identification Number
Enter the project's DEP identification number (generic permit coverage number) if known. If an ill number
has not yet been assigned to this project (i.e., if this is a new project), leave this item blank.
Part II - Applicant Information
Item A.: Provide the legal name of the person, firm, contractor, public organization, or other legal entity
that owns or operates the construction activity described in this NO!. The operator is the legal entity that has
authority to control those activities at the project necessary to ensure compliance with the terms and
conditions ofthe generic permit.
Items B. - E.: Provide the complete mailing address of the operator, including city, state, and zip code.
Item F.: Enter the appropriate one letter code from the list below to indicate the legal status of the
operator:
F = Federal; S = State; P = Private; M = Public (other than federal or state); 0 = Other
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Items G. - H.: Provide the name and telephone number (including area code) of the person authorized to
submit this NOI on behalf of the operator (e.g., Jane Smith, President of Smith Construction Company on
behalf of the operator, Smith Construction Company; John Doe, Public Works Director on behalf of the
operator, City of Townsville; etc.). This should be the same person as indicated in the certification in Part
VI.
Part m - Project/Site Location Information
Items A. - E.: Enter the official or legal name and complete street address, including city, state, and zip
code of the project. Do not provide a P.O. Box number as the street address. If it lacks a street address,
describe the project site location (e.g., intersection of State Road I and Smith Street).
Item F.: Enter the county in which the project is located.
Item G.: Enter the latitude and longitude, in degrees-minutes-seconds format, ofthe approximate center
of the project.
Item H.: Indicate whether the project is located on Indian lands.
Item I.: Enter the appropriate five or six letter code from the list below to indicate the Water Management
District the project is located within:
NWFWMD = Northwest Florida Water Management District
SRWMD = Suwannee River Water Management District
SFWMD = South Florida Water Management District
SWFWMD = Southwest Florida Water Management District
SJRWMD = St. John's River Water Management District
Items 1. - K.: Give the name, title, and telephone number (including area code) of the project contact
person. The project contact is the person who is thoroughly familiar with the project, with the facts
reported in this NOl, and who can be contacted by the Department if necessary.
Part IV - Project/Site Activity Information:
Item A.: Check the appropriate box to indicate whether the project involves large construction activity or
small construction activity. Check one box only.
"Large Construction Activity" means construction activity that results in the disturbance of five (5) or more
acres of total land area. Large construction activity also includes the disturbance of less than five acres of
total land area that is part of a larger common plan of development or sale if the larger common plan will
ultimately disturb five acres or more.
"Small Construction Activity" means construction activity that results in the disturbance of equal to or
greater than one (1) acre and less than five (5) acres of total land area. Small construction activity also
includes the disturbance of less than one acre of total land area that is part of a larger common plan of
development or sale that will ultimately disturb equal to or greater than one acre and less than five acres.
Item B.: Provide the approximate total area of land disturbance in acres that the project will involve from
commencement of construction through completion.
Items C. - G..: Indicate the location where the Stormwater Pollution Prevention Plan (SWPPP) can be
viewed. Provide the address where the SWPPP can be viewed if other than as provided in Parts II or III of
the NO!. Note that to be eligible for coverage under the generic permit, the SWPPP must have been
prepared prior to filing this NOI.
Item H.: Enter the estimated con~truction start and completion dates in the MM/DD/YY format.
14
Part V - Discharge Information
Item A.: If stormwater from the project discharges to a municipal separate storm sewer system (MS4),
enter the name of the operator of the MS4 (e.g., City of Tallahassee MS4, Orange County MS4, FDOT
MS4, etc.). If stormwater from the project does not discharge to an MS4 but rather discharges to surface
waters of the State, leave this item blank or indicate "N/ A" and skip to Item B of this part. Please note
that if the project discharges stormwater to an MS4, you must provide the MS4 operator with a copy
ofthe completed NO!.
Item B.: If the project discharges stormwater to surface waters of the State, and not to an MS4, enter the
name ofthe receiving water body to which the storm water is discharged. Please provide the first named
water body to which the stonnwater from the project is discharged (e.g., Cypress Creek:, Tampa Bay,
unnamed ditch to St. Johns River, Tate's Hell Swamp, etc.).
Part VI - Certification
Type or print the name and official title of the person signing the certification. Please note that this should
be the same person as indicated in Item 11.G. as the Responsible Authority. Sign and date the certification.
Section 403.161, F.S., provides severe penalties for submitting false information on this application (NOl) or
any reports or records required by a permit. There are both civil and criminal penalties, in addition to the
revO<:ation of permit coverage for submitting false information.
Rule 62-620.305, F.A.C., requires that the Nor and any reports required by the permit to be signed as follows:
A. For a corporation, by a responsible corporate officer as described in Rule 62-620.305, F.A.e.;
B. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or,
C. For a municipality, state, federal or other public facility, by a principal executive officer or elected
official. .
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NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES)
STORMWATER
NOTICE OF TERMINATION
(RULE 62-621.300(6), F.A.C.)
This form is to be completed and submitted to the Department to terminate coverage under the Generic
Permit for Stormwater Discharge From Construction Activities that Disturb Five or More Acres of Land
and the Generic Permit for Stormwater Discharge from Large and Small Construction Activities_provided
in Rule 62-621.300(4), F.A.C., and the Multi-Sector Generic Permit for Stormwater Discharge Associated
with Industrial Activity provided in Rule 62-621.300(5), F.A.C.,_as well as the conditional exclusion for
"no exposure" of industrial activities and materials to stormwater provided in Rule 62-620.]00(2)(0),
F.A.C. All information provided on this form shalIbe typed or printed in ink.
1 TERMINATION INFORMATION:
A. Facility/Project Number:
B. Reason for Termination:
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No longer operator ofthe facility/project.
Final stabilization criteria is met and all stormwater discharges associated with construction activity have cease
(for construction activi onl .
All stormwater discharges associated with industrial activity have ceased (for industrial activity only).
No longer meet the condition of "no exposure" (for industrial activity only).
n. OPERATOR INFORMATION:
A. Operator Name:
B. Address:
C.City: I D. State: E. Zip Code:
F. Responsible Authority: G. Responsible Authority's Phone No_:
H. Responsible Authority's Email Address: 1. Responsible Authority's Fax No.:
m. FACILITYIPROJECT INFORMATION:
A. Name:
B. Address/Location:
C.City:
F. County:
I D. State:
I E. Zip Code:
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N. CERTlFICATlON2:
I certify under penalty of law that all storm water discharges associated with industrial or construction
activity from the identified facility or proj eet that are authorized by the referenced State of Florida generic
permit have been eliminated; the facility no longer meets the conditional exclusion for "no exposure"
outlined in Rule 62-620.100(2)(0), F.A.C.; or that I am no longer the operator of the facility or project. I
understand that by submitting this Notice of Termination, I am no longer authorized to discharge
stormwater associated with industrial or construction activity under a generic permit, and that discharging
pollutants in stormwater associated with industrial or construction activity to surface waters of the State is
unlawful unless authorized by a permit issued pursuant to 403.0885, F.S. I also understand that the
submittal of this Notice of Termination does not release an operator from liability for any violations of this
permit or conditional exclusion for "no exposure" from NPDES stormwater permitting for industrial
activities.
Signature:
Date Signed:
2 Signatory requirements are contained in Rule 62-620.305, FA.C.
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INSTRUCTIONS - DEP FORM 62-621.300(6)
NPDES STORMW ATER NOTICE OF TERMINATION (NOT)
Who May File a NOT:
Permittees who presently are covered under the Generic Permit for Storm water Discharge From
Construction Activities that Disturb Five or More Acres of Land or Generic Permit for Stormwater
Discharge from Large and Small Construction Activities
provided in Rule 62-621.300(4), F.A.C., the Multi-Sector Generic Permit for Stormwater Discharge
Associated with Industrial Activity provided in Rule 62-621.300(5), F.A.C., or the conditional exclusion
for "no exposure" of industrial activities and materials to stormwater provided in Rule 62-620.100(2)(0),
F.A.C. may submit a Notice of Termination (NOT) when their facility or project no longer has any
stormwater discharges associated with industrial activity as defmed in Rule 62-620.200(46) F.A.C.;
stormwater discharge associated with construction activity as defmed in DEP Document 62-621.300(4)(a);
no longer meets the condition of "no exposure" defmed in Rule 62-620.100(2)(0), F.A.C.; or when they are
no longer the operator of the facility or project.
For construction activities, elimination of all stormwater discharges associated with industrial activity
occurs when disturbed soils at the construction site have been fmally stabilized and temporary erosion and
sediment control measures have been removed or will be removed at an appropriate time, and all
storm water discharges associated with construction activity from the construction site that are authorized
under the generic permit have been eliminated. Final stabilization means that all soil-disturbing activities
at the site have been completed and that a uniform (e.g., evenly distributed, without large bare areas)
perennial vegetative cover with a density of at least 70% for all unpaved areas and areas not covered by
pennanent structures has been established, or equivalent permanent stabilization measures (e.g.,
geotextiles) have been employed.
Where to File NOT:
One copy ofthe completed NOT shall be submitted to the following address:
NPDES Stormwater Notices Center, MS #2510
Florida Department of Environmental Protection
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
NOT Application Fee:
There is no application fee for submitting a NOT.
Additional Notification:
If stormwater associated with industrial or construction activity discharged to a Municipal Separate Storm
Sewer System (MS4), a copy of the completed NOT shall be provided to the operator of the MS4.
For construction activities, if other contractors/subcontractors are covered under the permittee's Notice of
Intent (NOI) and/or Stormwater Pollution Prevention Plan (SWPPP), a copy of the completed NOT shall be
provided to each additional contractor/subcontractor known to the permittee to be covered or claiming
coverage under the permittee's NOI and/or SWPPP. Contractors/subcontractors claiming coverage under a
permittee's NOI must assure proper permit coverage for the duration of their regulated activity. Failure of
the permittee to provide a copy of the NOT as provided herein shall not relieve the contractor/subcontractor
relying upon the permittee's NOI from the required permit coverage or any potential enforcement action
arising from the regulated activity.
Part I - Termination Information:
Item A.: Enter the DEP Facility/Project Number for the facility/project.
Item R: Indicate the reason for termination of coverage.
Part n - Operator Information:
Item A.: Provide the legal name ofthe entity (operator) to which coverage was granted.
Items B. - E.: Provide the complete mailing address ofthe operator, including city, state, and zip code.
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Items F. - G.: Provide the name and telephone number (including area code) of the person authorized to
submit this NOT on behalf of the operator. This should be the same person as indicated in the certification
in Part IV.
Items H.-I.: Provide the email address and fax number (including the area code) of the person authorized to
submit this NOT on behalf of the operator. If the responsible authority does not have or does not wish to
provide this information, indicate "N/A" in the appropriate space provided.
Part ill - FacilitylProject Information:
Items A. - E.: Enter the official or legal name and complete street address, including city, state, and zip
code of the facility/project site. Do not provide a P.O. Box number as the street address. Ifit lacks a street
address, describe the facility/project site location (e.g., intersection of State Road 1 and Smith Street).
Item F.: Enter the county in which the facility/project site is located.
Part IV - Certification:
Type or print the name and official title of the person signing the certification. Sign and date the
certification.
Section 403.161, F.S., provides severe penalties for submitting false information on this NOT or any reports
or records required by a permit. There are both civil and criminal penalties for submitting false information.
Rule 62-620.305, F.A.C., requires that the NOT be signed as follows:
A. For a corporation, by a responsible corporate officer as described in Rule 62-620.305, F.A.C.;
B. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or
C. For a municipality, state, federal or other public facility, by a principal executive officer or
elected official
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COLLIER COUNTY GOVERNMENT CONTACTIEMERGENCY NUMBERS
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Daytime # Weekday Weekend Fax # EMERGENCY
Department Contact Pager # Pager # #
Sheriff's Offiee Dispatch 239.793.9300 239.793.9300
.
Road Maintenance Andy Vaniscak 239.774,8924 239.774.6406 Day: 239.417.6320
Mike Stone Eve: 239.417.6320
239,774,8925
Travis Gossard
Wastewater Collections Jerry Tharp 239.591.0186 239.253.8169
Water Distribution 239.530.6239 239.982.2215 239.982,2215 239.263.8619 239,732.2558
Traffic Signals Victor Philogene 239.774,8260 239,982.3446 239.982.3446 239,213.5868 Day: 239.774,8260
Bob TiDton Eve: 239,253.0458
Traffic Signs Steve E. Ritter 239.774,8260 239.513.5798 239.277.4227 239,213.5868 Day: 239.774.8260
Bob TiDton Eve: 239,253.0458
Risk Management - Safety Engineer Greg Barlow 239,774.8283 239.774.8048 239.253.0921
Risk M+anagement - Safety Manager Michael Dock 239.774.8091
Purchasing 239.774.8407 239.732.0844
Community Liaison Main Number 239.774.8192 239,595.6545
239.774.9370
Eileen O'Grady 239253.5616
239.213 .580 I
Connie Dean 239,774.8365
Alternative Transportation Director Diane B. Flagg Day: 239.774.8192 239.213.5899
Cell: 239.253.4982
Landscape Operations Bob Petersen Cell: 239.253.2326
Transportation Operations Director Bob Tipton Day: 239.659.5782 239.659.5787 Day: 239.659,5782
Cell: 239.253.0420 Eve: 239.598.3123
Pennits Manager Mitch Riley Day: 239.659.5767 239.213.5828 Day: 239.659.5767
Cell: 239.253.3164
lECM Liaison Sandi Brunker Day: 239.774.8271
Cell: 239.734.0384
. Public Utilities Engineering Inspector Fred Seldon Cell: 239.877.8288
Revision Date July 27, 2006
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EXHIBIT J
TECHNICAL SPECIFICATIONS
TPA#1953633.11 GC-CA-J-1
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EXHIBIT J
TECHNICAL SPECIFICATIONS
PROJECT:
LEL Y AREA STORMW A TER IMPROVEMENT PROJECT
PHASE lA CONSTRUCTION
ABB PROJECT NUMBER 7599
PREPARED FOR:
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COLLIER COUNTY TRANSPORTATION DIVISION
ROAD MAINTENANCE DEPARTMENT
STORMW ATER SECTION
2885 SOUTH HORSESHOE DRIVE
NAPLES, FL 34104
ENGINEER:
AGNOLI, BARBER & BRUNDAGE, INC.
7400 TAMIAMI TRAIL NORTH, SUITE 200
NAPLES, FL 34108
Telephone (239) 597-3111
Fax (239) 566-2203
DATE:
September, 2006
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TABLE OF CONTENTS
EXHIBIT J
I. TECHNICAL SPECIFICATIONS
Page
SECTION 1 SPECIAL CONDITIONS ............................. ..... ..... ... .......... ........... .................1
1. GENERAL .................................. ............................................................... ...1
A. Laying Out the Work.. ..................... ..... ...... .... ..... ......... ............. .........1
B. Contractor's Office.............................................. ...............................1
C. Care of Trees, Shrubs and Grass .........................................................1
D. Obstructions.................................... .............. .....................................1
E. Damage to Existing Structures and Utilities .................. ......................2
F. Tests............................ ....... .................. .............. .......... ......................2
G. Record Drawings ............ ........ ....................... .............................. .......3
H. Commencement ofW ork.. ..................... ......... ................ ..... .......... .....3
1. Beginning Work.. ........... ................. ....................... ....... .............. .......3
J. Suspension of Work...................................... .....................................3
K. Night Work............ ........... ................ ..... ....... ............... ....... ...............4
L. Sequence of Operations....... ....... ................. ........... ............... ... ...... ....4
M. Drainage........................................................ .....................................4
N. Hydrants .. .. .. .. . . . . . ... ....... ... .... ... . . .. . ....... ..... .. .. .. . .... .......... . . ...... .... .. .. . ..... 4
O. Interference with Traffic ..... ....... .......... ........ ....... ........... ............. ........4
P. Access for Residences and Businesses ................................................5
.Q. Protection of the Work from Damage by Traffic.................................5
R. Traffic Control Standards ...... ............. .................. ..............................5
S. Installation of Traffic Control Devices ........... .... .... ....... .............. ........6
T. Furnishing and Maintaining Traffic Control Devices ..........................6
U. Barricades and Protection of Work .....................................................6
V . Use of Explosives.. ............ ............................ ........... .................. ........7
W. Utility System Testing ........................ ........... ............... ......... .... .........7
X. Experienced Gabion Contractors ... ............. ........ .......... .............. ........8
SECTION 2 SITE WORK.... .................... ...... ..... ............. ........... .........,...... .................. .......9
I. CLEARING AND GRUBBING ............ ...... ............................. ............. .........9
A. Scope.................. ... ............................................................................9
B. Clearing and Grubbing, and Selective Clearing...................................9
II. EARTHWORK. ............. ............ ..... ....... .................. ................. ................ .....9
A. Scope .............................. ............ ........ ........ ....... .......... ......... ..... ........9
B. Excavation........................................................................................ 1 0
C. Grading................... ........................................ ............................. ..... 10
D. Road and Parking Lot Embankment..................................................lO
III. SEEDING/MULCHING/SODDING .......... ...... ..................... ..... ..................10
A. Scope........................................... ...... ............... ...............................10
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B. Materials and Placement of Seed and Mulch..................................... 1 0
C. Final Cleanup ... ................... ................. .............. .................. ........... .11
. IV. EXCAVATION AND BACKFILL FOR UTILITY SYSTEMS ...................11
A. Scope............................... ........................ ................................ ........ 11
B. Clearing......... ......... .................................................. ..................... ...11
1. General ................................ ............................................... ...11
2. Tree Protection......................................... ..... ................... ......11
C. Excavation.................................................... .............................. ..... .12
. D. Removal 0 fW ater ....... ................................. .......................... ..... .... .13
E. Pipe Bedding........ ............ ............. ....... ........................................... .13
F. Trench Stabilization.......... ................................... ............................ .13
G. Backfill ............................. .......... ....... ........................................... ...13
H. Additional Excavation and Backfill..................................................14
I. Alternate Method of Construction....................... ....... ......... .......... ....15
1. Removal of Water ..................... ......... ........ ......................... ...15
2. Excavation. .......... ................. ............................................... ..15
3. Pipe and Manhole Bedding... ........... ................ ............ ..... ......16
4. Backfill ..................... .................... ................................ ...... ...16
SECTION 3 PAVING ....... .................. ....... ................... ............... ................. ...... ........ ..... ..17
I. STABILIZED SUB-GRADElLIMEROCK BASE .......................................17
A. Scope ...... ........ .................. ............. ......... ........ .......... ................ .......17
B. Material and Construction ................................................................17
. C. Testing and Inspection....... ................. ...... ...................................... ..17
II. PRIME/TACK COATS.................. ..................... ....... ..... ........... ..... ..... ........18
A. Scope.... ................................ ......................... ........................... ..... ..18
B. Materials and Application..... ......................... ................................. ..18
III. ASPHALTIC CONCRETE SURFACE COURSE........................................ 18
A. Scope.. .......... .... ... .......................................................................... ..18
B. Materials................................. ..................................................... ....18
C. Thickness and Width Requirements ..................................................18
D. Protection of Pavement .................. ......... .................. ........................19
E. Testing and Acceptance .......... ..... .............. .......... ..... ........................19
IV. CONCRETE CURBS/GUTTERS ..................... ....... ..................... ...............19
A. Scope.................................... ... ................... ............. ..................... ...19
B. Construction Methods................................ .... ........... ....... ............... ..19
C. Placing of Concrete ................. .......... ......................... ........... ....... ....19
D. Machine-Laying ............... .... ........................... .............................. ...20
E. Curing................................ ............................................................ ..20
F . Joints...... ................... ............................ .......... ............................. ....20
I. Construction Joints....................................................... ......... .20
2. Contraction Joints ................ ................................ ......... ....... ..20
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3. Expansion Joints ......... ...... ...... ....... ......... ..... .......... ...... ..........21
4. Other........ ................ ....... .................... ................... ...... ..........21
G. Contractor's Responsibilities 21
V. SIGNING/P A VEMENT MARKINGS .........................................................21
A. Scope... .......................... .................. ,.. ........ ................. ....... ........... ..21
B. Signing............... ............ ............. ........... ......... ................. .............. ..22
C. Pavement Markings... .......... ..... ...... ..... .......... ....... ............... ............ .22
VI. CONCRETE PARKING LOT PAVING ......................................................22
A. General.. ...................... ......... .......... ...................... ....... .................... .22
I. Related Documents .. ............ ..... ...... ..... ....... ........ .................. .22
2. Description of Work....... .............. ..... ..................... ......... .......22
3. Submittals and Approvals... ............. .......................... ...... .......22
B. Products ......... ....................... ................. ........... .......... ........ ... ... .......23
I. Materials.................. ................. ........ ................ ..... ................23
a. Forms ........... .................... ................ ..... ........... ......... .23
b. Joint Materials... ...... ............. ....... ........................ .......23
c. Curing Compound......... ....... .... ........... ................ ..... ..23
2. Concrete Mix, Design and Testing .........................................23
C. Execution of Work....... ....................... ..... ................ ...................... ..23
I. Inspection....... ..... ......................... ................... ........ ........... ....23
2. Subgrade Preparation..... ......... .......... ..... ................................24
3. Form Placement, Construction and Utilization........................24
4. Concrete Placement...................... ................ .......... ............. ...24
5. Joint Construction..................... .................................. ......... ..24
a. Contraction (Weakened Plane Joints) .........................25
(1) Sawed Joints..... ................... ....................... ...25
(2) Premolded Inserts. ..... ............. ......... ...............25
(3) Hand-Formed......... ...... ................... ..... ..... .....25
b. Construction Joints......... ................. ............ ...............25
c. Expansion (Isolation) Joints .......................................25
6. Finishing............ .............. .... ..... .............. ........... ............. .......26
7. Curing.. . .. .. .... ... ... .. . . . ... . ... .. . . .... .. ... .. .. . ... ... ..... ... ... .. .. . . ... .. .. ....... 2 6
8. Pavement Precautions ...... ................. ..................... ................ 26
9. Jointing............. ........................ ...... ..................... .... ............ ..26
SECTION 4 DRAINAGE. ......... ......... ..... .... ..................... ............ ...... ........ ......... ....... .......28
I. STORM SEWERS/STRUCTURES ...... .................. ...... ...... ...... ...... .............28
A. Scope................................................................................. ............. .28
B. Materials.............................. ....... ................... ..... .............. .............. .28
C. Handling Materials ......................................................................... ..29
D.I Laying Concrete Pipe ................ ..... .............. ......................... .... .......29
D.2 Laying Aluminum Spiral Rib Pipe....................................................29
E.I Jointing Reinforced Concrete Pipe............. ............. ....... ............... ....30
E.2 Jointing Aluminum Spiral Rib Pipe ..................................................30
F. Catch Basins, Storm Sewer Manholes and Concrete Headwalls ........31
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G. Manhole Frame and Cover................................................................31
H. Form Work........... ................ ........................................................... .31
II. SW ALE EXCAVATION ................................ .......... .......... ..... ....... .............31
A. Scope.......................... ............ ............ ...... .... ...................... .............31
B. Excavation................................... .....................................................31
SECTION 5 WATER DISTRIBUTION SySTEM............... ......... ...... ..... ...... .... ........ .........33
I. GENERAL WATER DISTRIBUTION ......................... ...............................33
A. Scope ... .... ....... ................... ............ ...... ............... ........ ............ ....... ..33
B. Excavation and Backfill...... ................... ..... ..... ........................... ......33
C. Water in Excavation...................................... .............................. ..... 3 3
D. Shop Drawings ......................................... ........................................33
E. Design Requirements........ ....... ......... ...................... ...... ..... ............... 34
II. MATERIALS ......................................... .............. .......................................34
A. Ductile Iron Pipe and Fittings ...........................................................34
1. Ductile Iron Pipe....................... ........................... ............. ..... 3 4
2. Fittings................................ .................................................. .34
3 . Joints.............................. ........................................................34
4. Restrained Jo ints ...... ...........................................,............... ...3 5
5. Gaskets................................... .......... ..................................... 3 5
B. Polyvinyl Chloride Pipe and Fittings ................................................35
1. Pipe.................. ............................... .......................................35
2. Fittings..................................................................... ."............. 3 5
C. Gate Valves ........................ ................... ........................................... 3 5
D. Butterfly Valves ........ ............. .............. ............................................36
1. General............................. ............. ........................................36
2. Valve Body.... ........................... ............................................. 3 6
3 . Valve Discs ......... ................................................ ............. ...... 3 6
4. Valve Seats....................................... .....................................36
5 . Valve Bearings............ ....................... ....................................36
6. Buried Operators...... ......................... ..................................... 37
E. Valve Boxes..................... ......................................................... .......37
F. Hydrants...........................................................................................3 7
G. Tapping Sleeves and Valves .............................................................37
H. Valve/Meter Vault Manhole Castings ...............................................38
I. Miscellaneous ItelllS ........ ..... ................;............................. ............ ..3 8
III. EXECUTION ... ...................................................... ........ ................ ... ..... ..... 3 8
A. Pipe Inspection ................. ..... ...........................................................38
B. Laying Pipe.. .................. ............................................................. ..... 3 8
1. Cradle.............. ....... ............................. ...... ................... ......... 38
2. Cleanliness........... ......................:..... ............................... .......38
3. Gradient............ ................................... .............. ............ ........ 39
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4. Pipe Joint Deflections............................................................. 39
4.A. Backfill......... ..... ........ ....... ....... ........ ..... ... ........ ........ ........ ......39
5. Rejects. .............. ......... ...... ...... .............. ........... .......... .......... ..39
6. PVC .............................................. ..... ......... ......... ....... .......... .39
7 . Joint Compounds..... .................. .................................... .........39
8. Anchors.............. .... ...... ............ ... ... .... .............. ...... ... ......... ....39
C. Ductile Iron Pipe Joints ....................................................................40
1. Type............. ........................ ......... ......... ......................... ..... ..40
2. Mechanical Joints........... ...... .... .... ..... .......... ..... ............... ...... .40
3. Push On Joints ......................................... ..............................40
4. Restrained Joints.......... .......... ..... ....... ................................. ...40
D. Polyvinyl Chloride Pipe Joints .......... .............................. ..................41
E. Installing Valves and Boxes................ ........ ............ ........ ....... ...........41
1. Valves............................................... ................................... ..41
2. Valve Boxes..... ...... ................... ......... ..... .................... ...... ....'.41
F. Installing Hydrants............................................. ............... ...............42
G. Concrete Encasement ............. ............ .......... ...... .... ...... ................... .42
H. Flushing ............... ................. ............. ..... ............ ................ .......... ...42
1. Hydrostatic Tests.............. ..... ........ .......... ........ .... ...................... ..... ..42
J. Allowable Limits for Leakage ..........................................................43
K. Disinfection.................. .... ....................... ..... ........................... .........43
L. Connection to Existing System ............ .................... ........ ....... ..........44
SECTION 6 SEWAGE COLLECTION SYSTEM .............................................................45
I. GENERAL GRAVITY COLLECTION SYSTEMS.....................................45
A. Scope .......... ...... .................. ......................... ......... .......... ........ ..... ....45
B. Excavation and Backfill... ........................ ..... ............... ................ .....45
C. Shop Drawings..... ........ ...... ..................... ..... .......................... ........ ..45
II. MA TERlALS .............................................................................................. 45
A. Polyvinyl Chloride Pipe...................... ..............................................45
B. Concrete and Reinforcing Steel........................................................46
C. Castings... ............................ ................ ..... ........... ................... ...... ....46
D. Brick.. ............................ ................ ....... ................ ............ ........... ....46
E. Cement Mortar ......... ........................................................ ...... ........ ..46
F. Flexible Manhole Sleeves....... .............. ............. ........... .......... ..........4 7
G. Miscellaneous ItelllS .........................................................................47
Ill. EXECUTI ON .............................................................................................. 4 7
A. Laying Pipe........ ..... ............ ........... ........... ................................. ....447
1. General.............. ................................................................ ....47
2. Polyvinyl Chloride Pipe ........... ..... ............ ........... ..................47
a. Transportation..................... .......................................47
b. Handling Pipe Lengths ...............................................48
c. Storage................................................. ........... ......... ..48
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d. Special Precautions.. ........ ........... ........... .............. ......48
B. Service Connections ............... .......... .................. ........................... ...48
C. Concrete Encasement ......................... ...... ... ..................... .......... ......48
D. Manholes, Precast Concrete.......... ....... ........ ................... ......... .........49
E. Connection to Existing Structures and Sewers ..................................51
. F. Additional Work........... ....................... ............................. ................ 51
G. Tests, Inspections and Acceptance of Materials and Workmanship ...51
1. Pipe..... ....................... ......................................................... ...51
2. Workmanship..... ....................... ....................................... ......51
3. Inspection.................................... ................................ ...........52
H. Limits ofInfiltration, Exfiltration and Testing .................................. 52
I. Drop Connections to Manholes........................ ................................. 53
SECTION 7 GENERAL SEWAGE FORCEMAINS..........................................................54
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I. GENERAL ................. .......................... ........................................ ............... 54
A Scope ............................... ..... ...................................... ..................... 54
B. Excavation and Backfill.... ..................... ................ ...... ...... ...............54
C. Shop Drawings......................... ............. ......................... .......... ........ 54
D. Design Requirements ........ ......... ....... ..... ............ .......... ............... ......55
II.
PRODU CTS ... ............................................................................................. 55
A. Ductile Iron Pipe and Fittings ...........................................................55
1. Ductile Iron Pipe .................. ................................... ...............55
2. Fittings.. .......:..... ....... ..... ............. ............ ....... .... ,........ ....... ....5 5
3. Special Pipe Lining....... .................................. .......................55
4. Joints...................................................................................... 56
5. Restrained Joints......................... ...........................................56
6. Gaskets .......................................................................... ........ 56
B. Polyvinyl Chloride Pipe and Fittings ................................................56
1. Pipe.... ....................... ............................. ...... ........................ ..56
2. Fittings................................................................................. ..57
3. Joints................... ......................... ..........................................57
C. Galvanized Steel Pipe............... .......... .............................................. 57
1. Pipe Material.......... ....... ...... .......... ............ ............................. 57
2. Fittings Material............. ........................................................ 57
3. Joints..................... .................................................................57
D. Gate Valves.................................. ....... .............................................58
E. Plug Valves ......... ................................... ...................... ....................58
F. Check Valves........... .............. .............................. ..................... .......58
G. Tapping Sleeves and Valves .............................................................59
H. Valve VauIts...... ............................ ................................... ....... ......... 5 9
I. Valve Boxes.. ........................... ..... ............................. ......... .............59
J. Air Release Valves ........... ........ ............................. ............... ............ 59
K. Automatic Air Release Valves ..........................................................59
L. Concrete........................................................................... ....... ......... 60
M. Miscellaneous IteITlS ......................... ................... .............................60
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III. GENERAL EXECUTION ....... ............ ... ...... ....... ........... ..... .......... ........... ...60
A. Laying Pipe.... ........... ..................... .................................. ........ ....... .60
1. Cradle.. ....... .............. ......... ................. .... ........... ............ ....... .60
2. Foreign Material.......... ................................. ....... .................. .60
3. Gradient ................. ............ ......... ...... ........ ......... ............ ........ 60
4. Pipe Joint Deflection .................... ..... ..................................... 60
5. Rejects... . . . ......... ..... .. ... . . .. .. ... .. .. ........ . .... ........ .... . . . ... .. ............61
6. PVC ............ .......... .............. ..... ............... ........... ....... ............ .61
7. Anchors.................................................................................. 61
B. Ductile Iron Pipe Joints ....................................................................61
1. Type............... ......... ........................................................... ....61
2. Mechanical Joints..................... .............. .......... ..... ..... ..... ...... .61
3. Push On Joints ........................................... ........ .................... 61
C. Polyvinyl Chloride Pipe Joints ..... .................. ........ ................ ...........62
D. Installing Valves and Boxes. ........ ......... ....... ..................... ........... .....62
1. Valves................... ....... ..................... .......... .............. ............ .62
2. Valve Boxes....... .................. ....... ............ ................ ...............62
E. Backfilling........ ....... ....................... ........... .......................... ..... ....... .62
F. Concrete Encasement.......... .......... ................ ............ .... .................. .62
G. Flushing......... ........... ......... ........ ....... ........ ......... ..... ..... ..... ..... ..........63
H. Hydrostatic Tests. .......... ......... ....... .............. ............ ............ ..... ....... .63
I. Allowable Limits for Leakage ..........................................................63
1. Pressure and Leakage Test Equipment..............................................64
K. Correction of W ork....... ............... ..... .............. ............ .............. ....... .64
L. Connection to Existing System ...... ............. ..... ....... .................... ...... 64
M. Pipe and Casing by Jack and Bore ....................................................64
SECTION 8 CONCRETE. ..... ....... ............ ........... ................. .... ................. .................. ......66
I. GENERAL ........... ..... ....................... ......... ........................... ................. ......66
A. Scope... ........... .............. ..... ...... ........... ............... ........................ ......66
B. Composition................. ...... ..... ....... ............ ........ ................... ..... ......66
C. Materials........,............. ........................... ......... ................. ........ ...... .66
1. Cement... ..... .......................... ..... ................. ....... ............ ....... .66
2. Aggregate............... .............. .................. ...... ......................... .66
3. Water .......................... ..... ........... .......... ...... ......... ...... ........... .66
D. Classification and Strength of Concrete ............................................66
E.. Field Control and Testing .................................................................67
1. General ................................. .................................... ............. 67
2. Reports....................................... ............................................67
F. Concrete Placement......................... ........................ ...... ................... 67
G. Contractor's Responsibilities ............. .......... ...................... ............... 67
SECTION 9 GEOWEB LOAD SUPPORT SYSTEM ......................................................68
A. Scope............................................... n....... n..................................... 68
B. Materials............ _............................................................................. 68
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C. Construction Requirements... ....... .......... .............. .... .............. ........... 73
D. Short-Term Seam Strength Test Procedure .......................................76
E. Long-Term Seam Strength Test Procedure .......................................77
SECTION 10 WIRE MESH GABIONS AND MATTRESSES ..........................................78
A. Scope ................................... ....................................... ............ ...........78
B. Materials....................... .... ........... ........................ ..............................78
C. Construction Requirements ............. ...... ..................... ........................81
SECTION 11 MEASUREMENT AND PAYMENT .........................................................85
A. Scope. ...................... ..... ....... ... ..................... .... ....... ................. ....... .85
B. Types .................................................. ................. ............................85
C. Bid Schedule Items Corresponding to Table A and Table B..............85
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EXHIBIT J
TECHNICAL SPECIFICATIONS
SECTION 1 SPECIAL CONDITIONS
I. GENERAL
A. Laying Out the Work
Adequate vertical and horizontal contro~ both field established and shown on the project plans,
shall be provided to facilitate the proper layout of the work. The Contractor shall preserve all
reference points and bench marks furnished.
The Contractor shall carefully compare all lines and levels given on the plans and drawings with
existing lines and levels, and shall call any discrepancies to the attention of the Engineer, in
writing, for a proper determination before proceeding with the work. In any event, the
Contractor shall be responsible for the accuracy of the work and shall make good any work
performed in error, at no cost to the Owner.
Stakes, monuments, bench marks, and other control points set by the Owner or his Consulting
Engineer shall be scrupulously preserved by the Contractor. In the event that stakes or other
control points are willfully or carelessly destroyed or disturbed, they shall be reset at the sole
expense of the Contractor.
B. Contractor's Office
The Contractor shall provide and maintain on site, as approved by Owners, an office or mobile
office with telephone facilities where he or a responsible representative of his organization may be
reached at anytime while work is in progress. Contractor will post and maintain in said office site
all Permits, Approved Drawings, Specifications and Contract Documents.
C. Care of Trees. Shrubs and Grass
The Contractor shall be fully responsible for maintaining in good condition all cultivated grass
plots, trees and shrubs. Where maintained shrubbery, grass strips or area must be removed or
destroyed incident to the construction operation, the Contractor shall, after completion of the
work, replace or restore to the original condition all destroyed or damaged shrubbery or grass
areas. Tree limbs which interfere with equipment operation and are approved for pruning shall be
neatly trimmed and the tree cut coated with a tree paint.
D. Obstructions
All water pipes, storm drains, force mains, gas or other pipe, telephone or power cables or
conduits, curbs, sidewalks, all house services and all other obstructions, whether or not shown,
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shall be temporarily removed from, or supported across utility line excavations. Underground
sprinkler system piping encountered within the work area and interfering with swale grading or
other work requirements, shall be capped-off and removed by the Contractor in such a manner as
to not render the system unusable, if possible. Prior to sod placement, affected property owners
shall be notified by the Contractor in sufficient time to allow the property owner to repair the
system. Existing materials in the work area are to remain the property of the affected property
owner(s) and ifremoved, shall be surrendered to same. Where it is necessary to temporarily
interrupt house services, the Contractor shall notifY the house owner or occupant, both before the
interruption and again immediately before service is resumed. Before disconnecting any pipes or
cables, the Contractor shall obtain permission from their owner, or shall make suitable
arrangements for their disconne~tion by their owner. The Contractor shall be responsible for any
damage to any such pipes, conduits or cables, and shall restore them to service promptly as soon
as the work has progressed past the point involved. Approximate locations of known water,
sanitary, drainage, power and telephone installations along the route of new pipelines or in the
vicinity of new work are shown, but must be verified in the field by the Contractor.
The Contractor shall uncover these pipes, ducts, cables, etc., carefully, by hand, prior to installing
new utility lines. Any discrepancies or differences found shall be brought to the attention of the
Owner in order that necessary changes may be made to pennit installation of new pipe. These
conditions are supplemental to general requirements elsewhere in these specifications. Where
fences, walls, or other man made obstructions exist illegally in the public right-of-way, the Owner
shall have them removed upon adequate prior notice by the Contractor.
, E. Damage to Existing Structures and Utilities
The Contractor shall be responsible for and make good all damage to pavement, buildings,
telephone or other cables, water pipes, sanitary pipes, or other structures which may be
encountered, whether or not shown on the Drawings.
Information shown on the Drawings as to the location of existing utilities has been prepared from
the most reliable data available to the Engineer. This information is not guaranteed, however, and
it shall be the Contractor's responsibility to determine the location, character and depth of any
existing utilities. He shall assist the utility companies by every means possible to determine said
locations. Extreme caution shall be exercised to eliminate any possibility of any damage to
utilities resulting from his activities.
F. Tests
The Owner will pay for all successful required tests. The Contractor shall pay for all unsuccessful
tests. Generally, tests will be compaction and density tests, limerock quality tests, concrete
quality tests (cylinder breaks). On asphaltic concrete and pipe, the manufacturer's or supplier's
certificate that the material meets the requirements of the specification will be accepted subject to
verification by the Engineer. All tests shall be performed by "independent" laboratories found
acceptable by the Engineer. All test results are subject to the Engineer's approval. ; No ContraCtor
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owned or operated testing laboratories will be considered "independent".
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G. Record Drawings
During the entire construction operation, the Contractor shall maintain records of all deviations
from the Drawings and Specifications and then shall prepare "record" drawings showing correctly
and accurately, in red pencil, all as it was actually constructed. These red-line drawings shall be
neat and legible. The sum of one thousand dollars ($1,000) can be withheld from the Contract
price until delivery of the set of "record" drawings is made to Owner. The Owner will supply one
(1) set of blue-line prints for this purpose to the Contractor who shall safe guard same until
presented back to the Owner as red-lined "record" drawings for approval.
H. Commencement of Work
The Contractor shall commence work in accordance with his approved working sChedule and
shall provide sufficient labor, materials and equipment to insure the completion of the work within
the time limit set forth in the ProposaL Should the Contractor fail to furnish sufficient and
suitable equipment, forces and materials, as necessary to assure the progress of the work in
accordance with the required schedule, the Engineer may withhold all payments which are, or may
become due, or may suspend the work until such deficiencies are corrected.
The Contractor shall perform fully, entirely and in accordance with the Specifications, the
contracted work within the Contract time specified in the Proposal, or as may be extended by the
, Engineer in writing.
1. Beginning Wark
The Contractor shall notifY the Engineer, the Utility Department and any and all utility companies
ofhis intention to begin work, not less than 5 days in advance of the date on which he proposes to
begin construction.
J. Suspension of Work
The Contractor shall not suspend operations or remove equipment or materials necessary for the
completion of the work without the permission of the Engineer. The Engineer shall have the
authority to suspend the work, wholly or in part, for such period or periods as may be deemed
necessary, due to the failure on the part of the Contractor to carry out orders given or to comply
with any or all provisions ofthe contract. Such suspension shall be ordered in writing, giving in
detail the reasons for the suspension.
If for any reason it should become necessary to stop work for an indefinite period, the Contractor
shall store all materials in such manner that they will not obstruct or impede the traveling public
unnecessarily, not become damaged in any way, and he shall take every reasonable precaution to
prevent daniage to or deterioration of the work performed, shall provide suitable drainage of the
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roadway by opening ditches, shoulder drains, etc., and shall provide any temporary structures
necessary for public travel or convenience.
K. Night Work
In genera~ all work shall be performed during daylight hours. For special operations, night work
may be done if so authorized in writing and appropriate governmental approvals are obtained. No
night work shall be performed unless adequate artificial lighting has been provided and has been
approved.
L. Sequence of Operation
The Contractor shall not open up work to the prejudice of work already started, and the Engineer
may require the Contractor to finish a section on which work is in progress before work is started
on any additional section.
M. Drainage
The Contractor shall so conduct his operations and maintain the work in such condition that
adequate drainage will be in effect at all times. Existing functioning storm sewers, gutters,
ditches, and other run-off facilities shall not be obstructed.
N. Hvdrants
Fire hydrants on or adjacent to the roadway shall be kept accessible to fire apparatus at all times
and no material or obstruction shall be placed within IS-feet of any such hydrant.
O. Interference with Traffic
The Contractor shall at all times conduct the work in such manner and such sequence as to insure
the least practical interference with traffic. The Contractor's vehicles and other equipment shall be
operated in such manner that they will not be a hazard or hindrance to the traveling public.
Materials stored along the roadway shall be placed so as to cause as little obstruction to the
traveling public as possible.
To prevent any open trench remaining after working hours where existing pavement is to be
widened and stabilizing is not required, the Contractor shall schedule his operations such that at
the end of each workday the full thickness of the base for widening will be in place. When
widening on both sides of the roadway is required, construction of the widening strips will not be
permitted simultaneously on both sides of the road except where separated by a distance of at
least one- fourth mile along the road, where either the work of excavation has not been started or
the base has been completed.
The Contractor may be allowed to restrict traffic for short periods oftime provided that adequate
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means oftraffic control are affected and traffic is not unreasonably delayed.
The Contractor shall schedule his operation so that all streets, roadways and driveways affected
by his work are usable and open to traffic at the end of each workday.
The Contractor must notify the County Engineer, the Police and Fire Departments, all applicable
utility companies and Emergency Medical Services at least 24 hours prior to any proposed road
closing.
P. Access for Residences and Businesses
During the prosecution of the work, the Contractor may isolate residences and places of business
by restricting traffic on driveways for short periods oftime provided that adequate means of
traffic control are effected and traffic is not unreasonably delayed. Furthermore, the Contractor
shall schedule his operations so that all driveways affected by his work are usable and open to
traffic at the end of each work day. It shall be the Contractor's responsibility to notify property
owners adjacent to the work in a timely and reasonable manner when traffic on their driveway will
be restricted.
Q. Protection ofthe Work from Damage by Traffic
Where traffic would be damaging to a base, surface course or structure, constructed as a part of
the work, all traffic shall be maintained outside the limits of such areas until the potential for
damage no longer exists.
R. Traffic Control Standards
The State of Florida, Manual of Traffic Control and Safe Practices For Street and Highway
Construction, Maintenance and Utility Operations, set forth the basic principles and prescnbes
minimum standards to be followed in the design, application, installation, maintenarice and
removal of all traffic control devices and all warning devices and barriers which are necessary to
protect the public and workmen from hazards within the project limits. The standards established
in the aforementioned manual constitute the minimum requirements for normal conditions, and
additional traffic control devices, warning devices, barriers or other safety devices will be required
where unusual, complex or particularly hazardous conditions exist.
The above referenced manual was developed using the Federal Highway Administration, U.S.
D.O.T. Manual on Uniform Traffic Control Devices (MUTCD), Part VI, as the basic document.
Should any conflict exist or develop due to future revisions between the State of Florida Manual
and the MUTCD, the more restrictive requirement will apply.
S. Installation of Traffic Control Devices
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The responsibility for installation and maintenance of adequate traffic control devices, warning
devices and barriers, for the protection of the traveling public and worlanen, as well as to
safeguard the work area in general, shall rest with the Contractor. Consideration shall be given to
recommendations of the Engineer. The required traffic control devices, warning devices and
barriers shall be erected by the Contractor prior to creation of any hazardous condition and in
conjunction with any necessary re-routing of traffic. The Contractor shall immediately remove,
turn or cover any devices or barriers which do not apply to existing conditions.
The Contractor shall make the Engineer aware of any scheduled operation which will affect traffic
patterns or safety, sufficiently in advance of commencing such operation to permit his review of
the plan for installation of traffic control devices, warning devices or barriers proposed by the
Contractor.
The Contractor shall assign one of his employees the responsibility of maintaining the position and
condition of all traffic control devices, warning devices and barriers throughout the duration of
the Contract. The Engineer shall be kept advised at all times as to the identification and means of
contacting this employee on a 24-hour basis.
T. Furnishing and Maintaining Traffic Control Devices
All traffic control devices (including signs, warning devices and barriers) shall be furnished by the
Contractor.
Traffic control devices, warning devices, and barriers shall be kept in the correct position,
properly directed, clearly visible and clean, at all times. Damaged, defaced or dirty devices or
barriers shall immediately be repaired, replaced or cleaned as directed.
The Contractor shall be responsible for performing daily inspections, including weekends and
holidays, with some inspection at night time, of the installations on the project and replace all
equipment and devices not conforming with the approved standards during that inspection. The
County Engineer will be advised ofthe schedule of these inspections and be given the opportunity
to join in the inspection as is deemed necessary.
U. Barricades and Protection of Work
The Contractor shall protect his work throughout its length by the erection of suitable barricades
where required. He shall further indicate this work at night by the maintenance of suitable lights
or flares, especially along or across thoroughfares. Wherever it is necessary to cross a public
walk, he shall provide a suitable safe walkway. He shall also comply with all laws or ordinances
covering the protection of such work and the safety measures to be employed therein. The
Contractor shall carry out his work so as not to deny access to private property. All utility access
manholes, valves, fire hydrants and letter boxes shall be kept accessible at all times.
V. Use of Explosives
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No blasting shall be done except upon approval by the Owner and the governmental agency or
political subdivision having jurisdiction. When the use of explosives is approved by the Owner as
necessary for the execution ofthe work, the Contractor shall use the utmost care so as not to
endanger life or property, and assume responsibility for any such damage resulting from his
blasting operations, and whenever directed, the number and size ofthe charges shall be reduced.
All explosives shall be stored in a secure manner and all such storage places shall be marked
clearly, "DANGEROUS EXPLOSIVES" and shall be in care of competent watchmen. All permits
required for the use of explosives shall be obtained by the Contractor at his expense. All re-
quirements ofthe governmental agency issuing permit shall be observed.
W. Utility System Testing
The following utility system tests are required to assure that utility system improvements will
operate correctly. All testing shall be scheduled and performed by Contractor. Contractor shall
provide all materials and labor necessary to perform the required tests. The price for testing shall
be included in the price of the installation of the water system and additional compensation will
not be given for testing for any reason. All tests must be conducted in the presence of the utility
company and Engineer, unless otherwise indicated. Any tests not witnessed by Engineer will be
performed again at Contractor's expense. Engineer shall be notified 48 hours in advance of all
testing.
Water System
1) Connection to existing mains, hot-taps
2) Thrust block, restraining inspection
3) Flushing
4) Pressure testing
5) Chlorination
6) Certification of all backflow devices by a certified independent laboratory will be
required just prior to acceptance by the utility. It is not necessary that Engineer
witness the testing ofbackflow devices.
Sewer System
1) Sanitary sewer lamping
2) Infiltration test
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3) Video tapmg of sewer. Contractor shall provide tWo copies of the video
inspection of the sanitary sewer .
X. Experienced Gabion Contractors
The following is a list of contractors that have had experience constructing gabion reinforced
canal banks in the State of Florida.. As a prospective bidder, you wiH need ,to sub-contract
with one of the firms listed below in order to be qualified for this project. Please contact
Project Manager if you cannot acquire a quote from the firms provided.
. Terra Firma Environmental, Inc.
Mr. Tom Snow
5207 Neff Lake Road
Brooksville,FL 34601
PhQne: 352-796-1039
Fax: 352-799-6977
. Bio-Mass Tech, Inc.
Mr. James Griffin
15212 SR 52
Land 0 Lakes, FL 34639
Phone: 727-243-2200 (cell)
Fax: 813-996-7236
. ERWS, Inc.
i ames E. Fee
President
(469) 766.3177
. Jay Fee
Vice President
(972) 221.8397
P.O. Box 336
Lewisville, Texas 75067
SECl
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SECTION 2 SITE WORK
I. CLEARING AND GRUBBING
A. Scope
The scope of this section consists 0 f clearing and grubbing within areas designated by the
Engineer. The work of clearing and grubbing shall include the disposal of the resultant products
and debris. The Contractor shall examine the entire site of the proposed work prior to submitting
his bid in order to verify existing conditions and/or variances between existing conditions and
those shown on the plans or called for in the specifications. In the event existing conditions vary
from the plans and specifications, he shall base his bid upon existing conditions.
B. Gearin!? and Grubbing. and Selective Clearing
The work shall include the complete removal and disposal of all buildings, timber, brush, stumps,
roots, grass, weeds, sawdust, rubbish and all other obstructions resting on or protruding through
the surface of existing ground and the surface of excavated areas. All stumps, roots and other
debris shall be removed to a depth of at least one foot below the ground surface. The surface shall
then be plowed to a depth of not less than six inches and all stumps, roots, etc., exposed shall be
removed to a depth of at least one foot. Where so directed by the Engineer, desirable trees within
the work area shall be trimmed, protected and left standing. Selective clearing shall be performed
in some areas by retaining trees selected by the Owner for saving which shall be protected from
construction equipment by the Contractor in a manner approved by the Engineer. Any loose
boulders or rocks lying on the surface ofthe ground shall be removed. Timber, stumps, brush,
roots, rubbish, and any 0 bjectionable material resulting from clearing and grubbing shall be
disposed of off site. The Contractor shall obtain all necessary permits and approvals.
As an alternate proposal, burning of debris will be allowed subject to, the Contractor obtaining all
required permits and subject to applicable laws, ordinances and regulations.
II. EARTHWORK
A. Scope
The work of this section consists offurnishing all necessary labor, equipment, material and
transportation necessary to bring the site to the lines and grades shown on the drawings. The
Contractor shall examine the entire site of the proposed work prior to submitting his bid in order
to verify existing conditions and/or variances between existing conditions and those shown on the
plans or called for in the specifications. In the event existing conditions vary from the plans and
specifications, he shall base his bid on existing conditions.
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B. Excavation
Existing surfaces to be excavated from, or filled over, shall be stripped to a depth of six inches,
unless otherwise directed by the Engineer, to remove grass and roots. This stripped material will
be classified as unsuitable material and shall be used as top soil.
All suitable materials removed from the excavation shall be used as fur as practicable in the
formation of the embankments, sub-grades, shoulders and other places as directed. No excavated
material shall be wasted without permission, and where necessary to waste such material it shall
be disposed of as directed by the Engineer. Material classified as A-8 in accordance with
AASHTO Designation M 145-73 is considered to be highly organic soil (peat or muck) and un-
suitable material. This unsuitable material existing in detention areas may remain, unless
otherwise as directed by the Engineer. The unsuitable material shall be stockpiled in surplus
excavated material areas as shown in the Drawings or as otherwise directed by the Engineer. All
excavated material shall be considered property of the Owner and disposed of on the Project.
C. Grading
Excavated material from lakes, swales and/or ditches may be used to make required fill provided
the material is of suitable nature. Grading shall be accomplished to meet the proposed elevations
as shown on the plans. Any suitable excess excavated material shall remain the property of the
Owner and shall be disposed of on site as directed by the Engineer. All suitable excavated
material shall be considered property of the Owner and disposed of on the project.
D. Road and Parking Lot Embankment
Road and parking lot embankment material and placement shall be in conformance with Florida
D.O.T. Standard Specifications, Section 120.
Ill. SEEDINGIMULCIDNG/SODDING
A. Scope
The scope of this section consists of seeding, sodding, fertilizing and mulching all unpaved areas
within road and/or completed drainage swale rights-of-way. The Contractor shall examine the
entire site of the proposed work prior to submitting his bid in order to verify existing conditions
and/or variances between existing conditions and those shown on the plans or called for in the
specifications. In the event existing conditions vary from the plans and specifications, he shall base
his bid upon existing conditions.
B. Materials and Placement of Seed and Mulch
The Contractor shall furnish all labor, material and equipment to prepare shoulders and
backslopes from the edge of the pavement or back of the concrete gutter to the right-of-way line,
and such other areas as designated on the plans. All work shall be in accordance with Section S-
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570,571 and 575, of the latest edition ofthe "Florida D.O.T." standard specifications.
C. Final Cleanup
The Contractor shall keep the works free from accumulations of waste materials, rubbish and
otherdebris resulting from the work. Upon completion of the work and before acceptance and
final payment will be made, the Contractor shall clean and remove from the works and adjacent
property, all surplus and discarded materials, rubbish and temporary structures; restore in an
acceptable manner all property, both public and private, which has been damaged during the
prosecution of the work; and shall leave the site and vicinity unobstructed and in a neat and
presentable condition throughout the entire area or length of the work under contract. The
placing of materials of every character, rubbish, or equipment on abutting property, with or
without the consent ofthe property owners, shall not constitute satisfactory disposal. If the works
are of such character as may be done by blocks or sections, the Contractor may be required to
remove promptly and dispose of accumulated rubbish, debris or surplus materials from blocks or
sections as completed or partially completed.
In the event of delay exceeding four days after written notice is given to the Contractor by the
Engineer to remove such rubbish or materials, or to restore displaced or damaged property, the
Owner may employ such labor and equipment as he may deem necessary for the purpose and the
cost of such work, together with the cost of supervision, shall be charged to the Contractor, and
shall be deducted from any money due him. No Contract shall be considered as having been com-
pleted until all rubbish and surplus materials have been removed and properly disposed of.
IV. EXCA VA TION AND BACKFILL FOR UTILITY SYSTEMS
A. Scope
The work included under this Section consists of clearing, excavating, grading and backfilling as
required for the construction of the utility systems consisting of piping and appurtenances as
shown on the Drawings and specified herein.
B. Clearing
1. General
The Contractor shall perform all clearing necessary for the proper installation of all piping
and appurtenances in the locations shown on the Drawings. Plantings, shrubbery, trees,
utility poles or structures subject to damage resulting from the excavation shall be
transplanted, relocated, braced, shored, or otherwise protected and preserved unless
otherwise directed by the Engineer.
2. Tree Protection
The Contractor shall exercise care to protect the roots of trees which are to remain. When
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excavating within 5-feet of the trunk of such trees, the Contractor shall use chain saws, '
pruning shears and/or clippers to prune injured roots. The backfill shall be placed as soon
as possible.
C. Excavation
The Contractor shall perform all excavation of every description and of whatever substances
encountered, to the dimensions and depth shown on the Drawings, or as directed. All excavations
shall be made by open cut (see Section V of the Special Conditions Section for information on
blasting). All existing utilities such as pipes, poles and structures shall be carefully supported and
protected from injury and, in case of damage they shall be restored at no cost to the Owner.
In areas where trench widths are not limited by right-of-way, and/or easement widths, property
line restrictions, existing adjacent improvements, including pavements, structures and other
utilities, and maintenance of traffic, the trench sides may be sloped to a stable angle of repose of
the excavated material. sheeting shall be installed as necessary to maintain pipe trenches within the
specified limits. A substantially and safely constructed movable shield, "box" or "mule" may be
used in place of sheeting when the trench is opened immediately ahead of the shield and closed
immediately behind the shield as pipe laying proceeds inside the shield.
Pipe trenches for utility lines shall be excavated to a width within the limits ofthe top of the pipe
and the trench bottom so as to provide a clearance on each side of the pipe barrel, measured to
the face of the excavation, or sheeting ifused, ofS-inches minimum and where the pipe size
, exceeds 12-inches to IS-inches minimum.
Excavation for appurtenances shall be sufficient to provide a clearance between their outer
surfaces and the face ofthe excavation or sheeting, ifused, of not less than 12-inches. Manhole
excavations shall be carried to sufficient depth to permit their construction on the undisturbed
bottom of the excavation. If overcut, bedding material shall be furnished at no cost to the Owner.
Materials removed from the trenches shall be stored and disposed of in such a rnaniler that they
will not interfere with traffic on public streets and sidewalks and they shall not be placed on
private property. In congested areas, such materials as cannot be stored adjacent to the trench or
used immediately as backfill shall be removed to stockpile areas designated by the Engineer.
All materials suitable for use as backfill shall be hauled to and used in areas where not enough
suitable material is available from the excavation.
Suitable material in excess of backfill requirements shall become the property of the Owner and
shall be placed on site in an area and manner designated by the Engineer, at the Contractor's
expense. All unsuitable material shall become the property of Contractor and shall be removed
from the site by Contractor.
D. Removal of Water
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It is a basic requirement of these specifications that excavations shall be free from water before
pipe or structures are installed. However, it is realized that in certain sections of the work this
cannot be accomplished economically and the Contractor may elect to use the Alternate Method
of Construction (see paragraph I). The Contractor shall provide all necessary pumps,
underdrains, well-point systems, and other means for removing water from trenches and other
parts of the work. The Contractor shall continue dewateririg operations until the backfill has
progressed to a sufficient depth over the pipe to prevent floatation or movement of the pipe in the
trench and until backfill is above the natural water table.
Water from the trenches and excavation shall be disposed of per South Florida Water
Management District permit restrictions in such a manner as will not cause injury to public health,
to public or private property, to the work completed or in progress, to the surface of the streets,
or cause any interference with the use ofthe same by the public.
E. Pipe Bedding
Excavation shall be backfilled with approved pipe bedding material, up to the level of the lower
one-third of the proposed pipe barrel. This backfill shall be tamped and compacted to provide a
proper bedding for the pipe and shall then be shaped to receive the pipe. Bedding shall be
provided under the branch of all fittings to furnish adequate support and bearing under the fitting.
Bedding material for piping shall be pea rock, drainfield limerock, or similar materials as
approved by the Engineer. Limerock screenings, sand or other fine inorganic material from the
excavation may be used for bedding material when pipe is installed above the natural water table.
Any excavation below the levels required for installation of the pipe bedding, except for
"Additional Excavation", as hereinafter specified, shall be backfilled with approved bedding
material, tamped, compacted and shaped in 12" lifts to provide proper support for the proposed
pipe, at no cost to the Owner.
F. Trench Stabilization
No claim for extras, or additional payment will be considered for cost incurred in the stabilization
of trench bottoms that are rendered soft or unstable as a result of construction methods, such as
improper or inadequate sheeting, dewatering or other causes. In no event shall pipe be installed
when such conditions exist and the Contractor shall correct such conditions so as to provide
proper bedding or foundations for the proposed installation at no additional cost to the Owner.
G. Backfill
Backfill material shall be noncohesive, nonplastic and free of all debris, lumps and clods. Backfill
material placed within I-foot of piping and appurtenances shall not contain any stones or rocks
larger than 2-inches in diameter (I-inch for PVe) and no stones or rocks larger than 6-inches in
diameter will be permitted in any backfill.
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If a sufficient quantity of suitable backfill material is not available from the trench or other
excavations within the site of the work, the Engineer will order the Contractor to provide
additional material suitable for this purpose. The additional material shall be installed as specified
herein.
Selected backfill material containing no stone or rocks larger than 2- inches shall be placed in 12-
inch layers and thorougWy tamped to a depth of 12-inches over the top ofthe.pipe. Particular
attention and care shall be exercised in obtaining thorough support for the branch of all service
connection fittings. Care shall be taken to preserve the alignment and gradient of the installed
plpe.
After the backfill has been placed to a level12-inches over the pipe, the remainder of the backfill
shall be placed in layers, not to exceed 12-inches, and compacted with mechanical vibrators or
other suitable equipment to obtain a density of the backfilled material of not less than 95 percent
of its maximum density as hereinafter defined.
No more than 250 feet of trench shall be opened, without backfilling, at any time: At the end of
the work day, all trench shall be completely backfilled except the pipe end, which shall be
protected against damage and accident.
Backfilling of a trench through an existing paved area shall proceed per plan details, if applicable.
...-' \1
, H. Additional Excavation and Backfill
Where organic material, such as roots, muck, or other vegetable matter, or other material which,
in the opinion of the Engineer, will result in unsatisfactory foundation conditions, is encountered
below the level ofthe proposed pipe bedding material, it shall be wholly or partially removed as
directed by the Engineer and wasted. Sheeting shall be installed as necessary to maintain pipe
trenches within the specified limits. The resulting excavation shall be backfilled with suitable
backfill material, placed in 6-inch layers, tamped and compacted up to the level of the bottom of
the proposed pipe bedding material. Compaction of this material shall be to a minimum of95% of
AASHTO T -180. Construction shall then proceed in accordance with the provisions of
Subsection E, Pipe Bedding.
Additional excavation shall be performed where organic or other unsuitable material is
encountered in the excavation. The Contractor shall bring the condition to the attention ofthe
Engineer and obtain his determination as to whether or not the material will require removal, prior
to preparing the pipe bedding. Where such additional excavation is ordered by the Engineer, the
cost of such excavation and backfill shall be included in the unit price bid for excavation of
unsuitable material. Unsuitable material will become property of Contractor and removed from
the site.
1. Alternate Method of Construction
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A combination of conditions in the substrata, water table, or method of disposal may be
encountered during the course of the work which make dewatering impossible, or only possible
tlrr.ough the use ofunusual methods, the cost of which is excessiye.When such conditions are
encountered, but only after all reasonable means to dewater the excavation have been employed
without success, the Contractor, with the concurrence of the Engineer, may elect to employ the
following alternate method of construction. The concurrence of the Engineer shall be obtained in
writing and shall limit the use of the alternate method of construction to such specific portions of
the work as the Engineer shall determine.
The construction specifications contained in the preceding parts of this section shall establish the
required standards of construction quality for this work. Use of the alternate method of
construction described hereinafter shall in no way be construed as relieving the Contractor ofhis
basic responsibility for satisfactory completion of the work. No additional payment will be made
to the Contractor for excavation, backfill, sheeting or any costs in use ofthis alternate method of
construction. The unit prices established in the Proposal shall be full payment for the various
items of work. Subject to all ofthe requirements stated herein, including written approval of the
Engineer, construction will be pennitted in accordance with the following specifications. All
requirements of Subsection A through Subsection I, including this Section, shall apply to this
construction unless otherwise specifically modified herein.
1. Removal of Water
The installation of pipe, manholes and appurtenances under water will be pennitted and
the requirements of Article D, "Removal of Water", will be waived.
2. Excavation
Excavation for manholes to be installed under water shall be continued to a depth, below
the outside bottom of the proposed structure, which will provide a minimum space of 12-
inches in rock, or 24-inches in sand, for the placement of drainfield limerock as hereinafter
specified.
The excavation of pipe trenches at their junction with excavations for manholes shall be
modified in the following manner: A longitudinally sloping, plane bottom surface, for the
placement of pipe bedding materia~ shall be provided from the bottom of the manhole
excavation, at its extremity, to a line of intersection with the bottom of the typical
excavation oflO-feet measured horizontally, from the vertical plane ofthe manhole ex-
cavation.
3. Pipe and Manhole Bedding
The pipe trench or manhole excavation shall be backfilled to receive the pipe or manhole
with drainfield limerock as the same is commonly referred to in this area, up to the level of
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the lower one-third ofthe proposed pipe barrel, or to the outside bottom of the proposed
manhole, as applicable. This backfill shall be tamped and compacted to provide a proper
bedding for the pipe or manhole, as also specified herein. Under no circumstances will
material other than drairrfield limerock be considered satisfactory for use as bedding
material for underwater construction.
4. Backfill
After the pipe is installed, backfilling shall proceed in accordance with the provisions of
Subsection G, "Backfill".
SEC2
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SECTION 3 PAVING
I. STABILIZED SUB-GRADEILIMEROCK BASE
A. Scope
The scope of this section consists offurnishing labor, equipment, and materials for the
construction of a crushed limerock base and of a stabilized subgrade. The stabilized subgrade and
the base course shall be constructed in accordance with the plans and specifications. Standard
specifications where used herein shall mean the most recent edition of the "Florida Department of
Transportation Standard Specifications for Road and Bridge Construction". The Contractor shall
examine the entire site ofthe proposed work prior to submitting his bid in order to verify existing
conditions and those shown on the plans or called for in the specifications.
B. Material and Construction
The limerock base and subgrade material shall conform to Section 911 of the "Florida D.O.T.
Standard Specifications". Stabilization of the subgrade and shoulders shall be in accordance with
Section 160 of the "Florida D.O.T. Standard Specifications". Construction of lime rock base shall
be in accordance with Section 200 of the Florida D.O.T. Standard Specifications".
The subgrade and shoulders shall be stabilized to the depth and width as shown on the plans and
shall have a minimum Florida Bearing Value (FBV) of75 or a minimum Limerock Bearing Ratio
(LBR) of 40. The subgrade and shoulders shall be compacted to at least 98% of maximum den-
'sity as determined by the AASHTO T180, (modified proctor test).
The limerock base shall have a compacted thickness and width as shown in the drawings. All
limerock shall have a minimum LBR of 100. Compaction ofthe base course shall be at least to
98% of the maximum density as determined by the AASHTO T180, (modified proctor test).
C. Testing and Inspection
The Contractor shall be responsible for the cost of and the furnishing of samples of the materials
to a testing laboratory approved by the Engineers. Test report and samples shall be required from
every limerock supplier furnislUng the material. The source of material designated shall not change
without written consent of the Engineer. During the construction, the Engineer may require
additional tests if any visible variation occurs.
One Florida Bearing Value (FBV) Test or Limerock Bearing Ratio (LBR) test for each 0-1000
square yards of subgrade and one FBV (or LBR) test for each additional I 000 square yards
(AASHO T180).
One in place density test for each 0-1000 square yards of base course and one test for each
additional 1000 square yards (AASHTO T180) shall be provided by the Contractor.
During construction a field inspection of each phase shall be made by the Engineer. It is the
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Contractor's responsibility to notify the Engineer when a phase of construction is ready for .
inspection. The Contractor shall notifY the Owner prior to conducting any test, so that the Owner
may have his Representative present.
II. PRIME/TACK COATS
A. Scope
The scope ofthis section consists offumishing labor, equipment and materials for the application
of bituminous material on all previously prepared base or a clean, existing asphaltic surface in
accordance with these specifications and in conformity with the most recent edition of the
"Florida Department of Transportation Standard Specifications for Road and Bridge
Construction ",
B. Materials and Application
Materials and application of prime and tack coats shall be in accordance with Section 300 of the
Standard Specifications.
III. ASPHALTIC CONCRETE SURFACE COURSE
A. Scope
. The scope ofthis Section consists offumishing labor, equipment and materials for the
construction of an asphaltic concrete surface course. The asphaltic concrete surface cOurse shall
be constructed in accordance with the plans and specifications. Standard Specifications where
used herein shall mean the most recent edition of the "Florida Department of Transportation
Standard Specifications for Road and Bridge Construction". The Contractor shall examine the
entire site of the proposed work prior to submitting his bid in order to verify existing conditions
and those shown on the plans or called for in the specifications.
B. Materials
The materials for the asphaltic concrete surface course shall consist of the type surface specified in
the plans. The material, processing of the material and construction shall comply with applicable
Sections 310-339 of the Standard Specifications.
C. Thickness and Width Requirements
The thickness and width ofthe compacted asphaltic concrete surface course is shown on the
Plans. Where the surface course is constructed on an existing pavement or old base which is
irregular, the actual minimwn finished thickness of the compacted asphaltic concrete si.1rface
course shall not be less than the thickness shown on the plans. Any surface course found to be
less than that thickness shall be removed and replaced.
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D. Protection of Pavement
After the completion of the pavement, no vehicular traffic of any kind shall be permitted on the
pavement until it has set sufficiently to prevent rutting or other distortion.
E. Testing and Acceptance
The asphaltic concrete surface course shall be tested and accepted with respect to compacted
density and surface tolerance in accordance with the applicable requirements of Section 330;-10
and 330-12 of the Standard Specifications.
IV. CONCRETE CURBS/GUTTERS
A. Scope
The work covered in this Section of the Specifications consists of furnishing all plant, labor
equipment, materials and the performing of all operations necessary for' the construction of
concrete curbs and/or gutters.
...-' -....--.
B. Construction Methods
All curbs, gutters, etc., shall be constructed in accordance with these Specifications and in
conformity with the lines, grades, dimensions, and notes shown on the plans.
Excavation shall be to the required depth, and the supporting earth, base, or subgrade shall be
compacted in conformance with Section 3A. Subgrades for walks and concrete medians shall be
compacted to a firm, even surface, by means of rolling, watering 4lld/or tamping.
After the concrete has set sufficiently, but not later than three days after placing, the spaces in
front and back shall be backfilled with suitable material and compacted. When street bases are to
be constructed adjacent to curbs, gutters, etc., the curb, gutter, etc., shall be properly backfilled
and shall cure for a period of not less than (3) days before any base material is placed against it.
All work shall be performed to the length and cross-sections shown on the plans. Forms shall be
of sufficient strength to resist the pressure 0 f the concrete without springing. Bottom forms shall
not be removed within twenty-four hours after initial concrete placement. Side or top forms shall
not be removed within twelve hours after concrete placement. Upon the removal of the forms,
minor defects shall be corrected with a rich mix of cement mortar. Curbs and gutters shall be
finished until a smooth surface is attained. Final finish shall be a light broom finish. When
completed the concrete shall be cured as outlined herein.
C. Placing of Concrete
Concrete shall be deposited in clean, wet forms and as nearly as practicable in its final position to
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avoid segregation. Concrete placing shall be carried on at such a rate that the concrete is at all
times plastic and flows readily into the spaces between the bars. Concreting shall be a continuous
operation until the panel or section is completed. All structural concrete shall be vibrated. No
concrete shall be allowed a free fall of more than four feet (4') or allowed to strike against a
vertical or inclined surface or reinforcement above the point of deposit. Placing by means of
pumping may be allowed, contingent upon the adequacy of the equipment for this particular work.
The operation of the pump shall be such that a continuous stream of concrete without air pockets
is produced. Placing of concrete shall be so regulated that the pressure caused by the wet con-
crete shall not exceed that used in the design of the fonDS. After the concrete has taken its initial
set, care shall be exercised to avoid jarring the forms or placing any strain on the ends of project-
ing reinforcement.
D. Machine-Laying
Machine laying of work will be permitted, providing all quality conditions of conventional
construction are met.
As a specific requirement for machine-laid curb and gutter, contraction joints shall be sawed
unless an alternate method of constructing them is approved in writing by the Engineer. Joints
shall be sawed at times designated by the Engineer, and at intervals often feet except where
shorter intervals are required for closures, but no joints shall be sawed or constructed at intervals
ofless than four feet.
--I
, E. Curing
As soon as practicable after finishing, all concrete shall be covered with burlap and kept moist for
a period of seven (7) days or, an approved membrane curing compounds such as Res-x, Aqua
Resin Cure, Spartan-Cote and Clear Bond or suitable equivalents may be applied at the
Contractor's option. Where membrane curing compound is used, no walking or other traffic will
be allowed over the work for seventy-two hours after application unless the surface is protected
by burlap or heavy building paper.
F. Joints
1. Construction Joints
Joints not shown or specified shall be located as to least impair the strength and
appearance ofthe work. The placement of concrete shall be carried on at such a rate that
the surfaces of concrete which have not been carried to joint levels will not have attained
initial set before additional concrete placement.
2. Contraction Joints
Curbs, curb-and-gutters, and valley gutters shall be constructed with contraction joints at
intervals often feet (10') except where shorter intervals are required for closures, but no
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joint shall be constructed at intervals ofless than four feet (4'). Contraction joints maybe
ofthe open type or sawed. Construction and construction procedures of contraction
joints shall conform to the Specifications set forth in the "Florida State Road Department
Standard Specifications for Road and Bridge Construction".
3. Expansion Joints
Curbs, curb-and-gutters, and valley gutters shall be constructed, with expansion joints at
all inlets, all radius points, all points where operations cease for any considerable time and
at intervals of not more than one hundred feet (100'). Expansion joints shall be
constructed with PVC slips encasing the reinforcing bars. Expansion joint material shall be
one-half inch bituminous impregnated expansion joint material.
4. Other
Where the Plans call for sealed joints between walks or concrete medians, and curbs, such
joints shall be constructed as specified in the Standard Specifications.
G. Contractor's Responsibilities
The Contractor is fully responsible for all concrete and concrete work and finishes. He shall reject
all delivered concrete and finishes not meeting these specifications. The Contractor shall also be
responsible for securing laboratory tests or reports if such tests or reports are requested by the
, Engineer.
The Engineer will not require the testing of more than one set of three compression test cylinders
per 50 cubic yards, (or part thereof).
All curbs, gutters, etc., shall be constructed in accordance with these Specifications and in
conformity with the lines, grades, dimensions, and notes shown on the plans.
Excavation shall be to the required depth, and the supporting earth, base, or subgrade shall be
compacted. Subgrades for walks and concrete medians shall be compacted to a finn, even
surface, by means of rolling, watering and/or tamping.
After the concrete has set sufficiently, but not later than three days after placing, the spaces in
front and back shall be backfilled with suitable material and compacted. When street bases are to
be constructed adjacent to curbs, gutters, etc., the curb, gutter, etc., shall be properly backfilled
and shall cure for a period of not less than (3) days before any base material is placed against it.
V. SIGNING/PAVEMENT MARKINGS
A. Scope
The work covered in this Section ofthe Specifications consists offumishlng all labor equipment,
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materials and the performance of all operations necessary for the installation/application of
roadway signs, and pavement markings.
B. Signing
All roadway signs indicated on the plans shall be constructed as specified in Sections 700 and 996
of the Standard Specifications. Stop signs shall be D.O.T. specified 30" x 30", speed limit signs
shall be D.O.T. specified 24" x 30". Both shall be installed per D.O.T. specifications with 2-1 type
sign brackets.
C. Pavement Markings
Twenty-four inch wide thermoplastic stop bars shall be installed in the proper locations, adjacent
to all stop signs. The thermoplastic markings used shall comply with and be installed per Section
711 ofthe Standard Specifications. The Contractor shall install modified Type 5 Class A
reflective pavement markers in the centerline of the roadway adjacent to all fire hydrants. These
markers shall have blue bi-directional reflective faces and shall conform to Section 706 ofthe
Standard Specifications, and shall be installed by one of the methods descnbed therein.
VI. CONCRETE PARKING LOT PAVING
A. General
- \
I
Related Documents
1.
The general provisions ofthe Contract, including General and Supplementary Conditions
apply to the work specified in this Section.
2. Description of Work
The extent of concrete paving is shown on the drawings. For concrete thickness see SITE
OR PAVING PLAN.
3. Submittals and Approvals
Materials shall be furnished from sources of supply approved by the Architect or Engineer.
Contractor to submit "Proposed Paving Construction Plan", which shall show the
concrete paving joint types and locations and shall include a statement of proposed se-
quence and schedule of paving operations with a brief description of motorized paving
equipment if applicable. Proposed joint layout plan shall be submitted to Architect or
Engineer seven (7) days prior to commencement ofpaving operations. Unless the Con-
tractor is notified ofrequired changes by the Architect or Engineer prior to the scheduled
paving commencement date the "Proposed Paving Construction Plan" will be considered
accepted and approved.
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B. Products
1. Materials
(a) Forms
Use forms of either steel or wood, of size and strength to resist movement during
concrete placement and to retain horizontal and vertical alignment until removal.
Use forms that are straight and free of distortion and defects, extending the full
depth of the concrete. Use fleXIble steel forms or plywood to form radius bends as
required. Coat forms with a form release agent that will not discolor or deface the
surface of the concrete.
(b) Joint Material
Provide premolded joint filler for expansion (isolation) joints.
( c) Curing Compound
Use a pigmented liquid membrane curing compound which shall meet requirements
of ASTM Designation C309 (AASHTO M148).
2. Concrete Mix, Design and Testing
Concrete supplier may submit his own plant design mix for approval provided the mix has
a record of proven performance acceptable to the Engineer and can be substantiated by
satisfactory supporting data. Concrete mix shall produce standard-weight concrete with
the following properties to be verified by the use of the appropriate listed test methods:
- Compressive Strength:
3,000 PSI at 28 days - tested according to ASTM
Designation C31 (AASHTO T23)
- Slump Range:
2 - 4 inches - tested according to ASTM
Designation C143 (AASHTO Tl19)
C. Execution of Work
1. Inspection
Examine the areas and conditions under which concrete paving is to be installed. NotifY
the Engineer of conditions detrimental to the proper and timely completion of the Work.
Do not proceed with the Work until all unsatisfactory conditions have been corrected.
2. Subgrade Preparation
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Remove loose material from the subgrade. Subgrade must be compacted to a density of at
least 98% of the maximum density as detennined by AASHTO F180 before placing
concrete. Do not begin paving work until the subgrade is brought to grade and fully
prepared, clean and ready to receive paving. Just prior to placing concrete, moisten
subgrade as required to provide a uniform dampened surfuce at the time concrete is
placed.
3. Form Placement. Construction and Utilization
Set forms to the required grades and lines to allow continuous progress of the work.
Clean fOrms after each use and coat with form release agent as often as required to ensure
separation from concrete without damage. Instead of using fixed forms, the Contractor
may place concrete with a slipform paver designed to spread, consolidate, screed, and
float-finish the freshly placed concrete in one complete pass of the machine. The slipform
paver shall be operated with as neatly a continuous forward movement as possible and all
the operations ofmixing, delivering, and spreading concrete shall be so coordinated as to
provide uniform progress with stopping and starting of the paver held to a minimum. The
subgrade and slipform paver track area shall be brought to proper grade and cross section
by means of a properly recompacted. If any traffic is allowed to use the prepared grade,
the grade shall be checked and corrected immediately ahead of placing the concrete,
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4.
Concrete Placement
Ready-mixed concrete shall be mixed and transported in accordance with the current
Specification for Ready-mixed Concrete ASTM Designation C94. Comply with the
applicable requirements of "CONCRETE" Section in the Specifications and as herein
specified. Moisten subgrade as required to provide a uniform dampened condition at the
time concrete is placed, Do not place concrete around manholes or other structures until
they have been brought to the required grade and alignment. Concrete shall be deposited
and consolidated in such a manner as to prevent the formation ofvoids or honeycomb
pockets, however, do not overconsolidate concrete so as to cause segregation of
aggregate in concrete. Consolidate with care to prevent dislocation of joint devices.
Deposit and spread concrete in a continuous operation.
5. Joint Construction
Construct expansion (isolation), contraction (weakened-plane) and construction joints true
to line with face perpendicular to surface of the pavement as shown on Approved Paving
Construction Plan. Joints shall be provided in both the longitudinal and transverse
directions. Maximum spacing oflongitudinal and transverse contraction joints shall be
fifteen (15) feet. On radius sections maximumjoint spacing shall be twelve (12) feet as
measured along the longest edge of the curve.
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(a) Contraction (Weakened-Plane) Joints
Provide contraction joints for a depth no greater than one- fourth 0/4) nor less
than one-fifth (1/5) the pavement thickness. Contraction joints must be continuous
across the slab unless interrupted by a full depth joint filler and must extend
completely through any integral curbs. Contraction joint alignment may be skewed
or warped where necessary to reach points of stress concentration. Contraction
joints are to be constructed at the Paving Subcontractors option as follows:
(1) Sawed Joints
Form contraction joints using saws equipped with shatterproof abrasive or
diamond rimmed blades. Cut joints into concrete paving as soon as the
surface will not be revelled or otherwise damaged by the cutting action.
Joints must be completed between four (4) and eighteen (18) hours after
paving has been placed.
(2) Premolded Inserts
Use embedded strips of pre molded filler joint material embedded while
concrete is still in the plastic state. Premolded filler must be flush with the
surface of the concrete paving.
(3) Hand-Formed
Contraction joints may be installed in the concrete paving with the use of a
mason's hand groover utilized while the concrete is in the plastic state.
Hand groover must be of sufficient depth to leave a finished joint greater
than "0"/5 and less than "0"/4. Hand- formed joints must have a finished
radius along the joint edge equal to 1/4 inch.
(b) Construction Joints
Place full depth Construction Joints at the end of concrete pours and at locations
where placement operations are stopped for a period of thirty (30) minutes or
more except where such pours terminate at expansion joints.
(c) Expansion (Isolation) Joints
Provide Expansion Joints to isolate fixed objects abutting or within the paved area.
They must contain premolded joint filler for the full depth of the paving slab.
6. Finishing
Perform concrete finishing using machine and/or hand tools as required. Adding water to
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the surface of the concrete to assist in finishing operations shall not be permitted. A
uniform gritty non-slip finish shall be provided by brushing the surface with a stiff-bristled
broom or by dragging a "burlap drape" over the surface just before the water sheen
appears.
7. Curing
Concrete shall be cured by protecting it against loss ofmoisture and mechanical injury for
at least three (3) days after placement. A pigmented liquid curing membrane shall be
applied immediately after finishing operation.
8. Paving Precautions
(a) Form offsets that are used at radius points to provide continuity in paving
operations should be at least one (1) foot in order to avoid slivers of concrete that
may be broken off.
(b) Construction traffic shall not use the area designated for passenger car
parking.
9. Jointing
(a) When pavement areas have many drainage or other structures, place joints
to approximate the cracking that would occur without joints. Of immediate
concern (possibly within 8 hours depending on climatic conditions) are the "critical
joints" which are located at narrow areas, interior corners, areas of curving
pavement in cul-de-sacs and at fixed objects within the slab area (catch basins,
equipment foundations, planters, bases for light and sign poles, etc). Within the
boundaries of critical joints, other joints should be laid out in squares with no joint
spacing exceeding 15'0".
(b) Joints nrost be continuous across the slab unless interrupted by a full depth
joint and must extend through integral curbs.
(c) J oint alignment may be skewed or warped from the normal grid pattern
where necessary to reach points of stress concentration not on the normal pattern.
(d) Form offsets used by Contractors at radius points to provide continuity in
paving operations must be at least 12" to avoid slivers of concrete that may be
easily broken off.
( e) Require curbs to be cast integrally whenever practical as integral curbs
strengthen pavement edges and are less expensive to construct.
(t) Avoid acute angles of less than 45' between intersecting joints. Joint dog
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SECTION 4 DRAINAGE
I. STORM SEWERS/STRUCTURES
A Scope
The scope of this section consists of furnishing labor, equipment and materials and the
construction of the gravity storm sewer system shown on the plans and/or herein descnbed or
specified. Standard Specifications where used herein shall mean the most recent edition of the
"Florida Department of Transportation Standard Specifications for Road and Bridge
Construction".
The Contractor shall examine the entire site of the proposed work prior to submitting his bid in order
to verify existing conditions and/or variances between "existing conditions and those shown on the
plans or called for in the specifications. In the event existing conditions vary from the plans and
specifications, he shall base his bid upon existing conditions.
B. Materials
Alwninum spiral rib pipe shall comply with the provisions of AASHTO M-l96 Type IR and ASTM
B-745 Type lR. The pipe material shall be formed from aluminum alclad coil and conform to the
current AASHTO M-l97 (and ASTM B- 7 44) material specification. The pipe shall have an external
helical corrugation of 113" X %" X 7-112" O.C. resulting in a Manning "n" of 0.012 or less. The
helical lock seam shall contain external seam staking. Minimum pipe metal thickness (gauge) shall be
in accordance with the plans.
Reinforced concrete pipe shall comply with the provisions of ASTM designation C76 "Standard
Specifications for Reinforced Concrete Pipe" and shall be Class III, WaIl B. Pipe joints shall be
sealed using rubber gasket joints and the pipe joint shall be manufactured to meet the requirements fo
the approved type of gasket to be used. Joints on oval pipe where provision has not been made for
gasketing in the casting, shall be wrapped with geotextile filter fabric approved by Engineer. Lifting
holes will not be permitted unless the Contractor submits a shop drawing for the Engineer's approvaL
indicating the method to used in sealing the holes.
Mortar used for constructing and plastering manholes, catch basins, drop inlets and junction boxes
shall be in accordance with AS.T.M. Specifications Serial Designation C 270. The Contractor will
have the option of using either a Portland cement-hydrated lime mixture or a Portland cement mixture
with masonry cement added for improved workability. The mortarmaterials shall be proportioned by
volume and shall be as follows:
One (1) part Type I Portland cement - A.S.T.M. C-l50
Three (3) parts aggregate (sand) - AS.T.M. C-l44
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The addition ofmasoruy cement AS.T.M. C-91 will be pennitted to improve workability of mortar.
Brick used in the construction of manholes, catch basins, drop inlets and junction boxes shall be
Portland cement concrete conforming to AS.T.M. Serial Designation C-55, Grade U II. They shall
be sampled in accordance with AS.T.M. Serial Designation C-140.
All concrete and concrete work shall conform to the specifications contained herein unless otherwise
noted on the Plans. All concrete specified in this Section shall attain a minimum compressive strength
of 3000 psi in 28 days.
Reinforcing bars shall be intermediate grade, new billet-steel, deformed bars free ofloose rust, scale,
dirt or oil, and shall conform to AS.T.M. Al5 latest revision, "Specifications for Steel Bars for
Concrete Reinforcement". Rebar deformations shall conform to AS.T.M. A305 latest revision.
Welded wire fabric for concrete reinforcement shall conform to AS.T.M. 185, "Specifications for
Welded Steel Wire Fabric for Concrete Reinforcement". All reinforcement steel shall be placed,
spliced, lapped, etc., in accordance with the A.C.I. Standard 318 latest edition, Building Code
Requirements For Reinforced Concrete.
C. Handling Material
Reinforced concrete pipe and accessories shall be loaded and unloaded by lifting with hoists or
skidding in a manner that will avoid shock or damage. Under no circlUllStances shall such materials
be dropped. Pipe handled on skidways shall not be skidded or rolled against pipe already on the
ground.
In distributing material at the site of the work, each piece shall be unloaded near the place where it is
to be laid in the trench.
D. 1 Laying Concrete Pipe
Trench and backfilling shall be completed as specified in Section 2-D of these Specifications. Gravity
storm sewers shall be laid to the exact line and grade shown on the plans. Sewers will be inspected
when the line is completed and backfill has been placed to a depth of one foot (1 ') over the pipe.
Backfill may be completed only after the Engineers approval of each section has been given for line
and grade.
Faulty sections of line, rejected by the Engineer, shall be removed and relaid by the Contractor.
The laying of pipe in finished trenches shall be commenced at the lowest point, with the spigot ends
pointing in the direction of the flow.
D.2 Laying Aluminum Spiral Rib Pipe
Installation shall be in accordance with the pipe manufacturer's "Recommended Installation
Procedures" unless otherwise specifically modified herein. Trenching and backfilling shall be
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completed as specified in Section 2, Article IV of these specifications unless other wise specifically
modified herein. The pipe shall be installed on select bedding material to the dimensions given on
sheet I of 4 ofFDOT Standard Index 205. Backfill materials in the pipe envelope shall be limited to
clean, non plastic materials that require little or no compaction effort (GP, SP) or to well graded
granular materials classified as GW, SW, GM, SM, GC or SC with a maximum plastic index (PI) of
10. Maximum loose lift thiclmess shall be twelve inches (12") with each lift compacted to a minimum
of90% standard density per ASTM D698 (AASHTO T99). Compaction in excess of ninety-five
percent (95%) is not recommended. Special attention to moisture content to limit compaction effort
shall be required. Soil cement or cement slurries may be used in lieu of the selected granular
materials.
When the aluminum spiral rib pipe invert is to be installed below the natural water table, #57 stone
shall be utilized for the select bedding material and clean sand for backfilling in accordance with the
detail shown on the Plans. The stone and sand shall be placed in lifts and compacted/tamped as
specified above.
Contractor shall exercise extreme caution during backfilling and compaction until the minimum cover
requirement is obtained in accordance with the pipe manufacturer's Fill Height or Height of Cover
Tables for HS-20 vehicles and construction vehicles. Upon completion of backfilling and compaction
of each pipe run, the pipe shall meet the requirements ofFDOT Standard Specification Section 430-
8.2.
E.l Jointing Reinforced Concrete Pipe
All pipe shall be joined by rubber gaskets installed in strict accordance with the recommendations of
the pipe manufacturer. The joint shall be sealed so that the joint will remain watertight nnder all
conditions of service, including movement due to expansion, contraction and normal settlement. Pipe
joints and rubber gaskets shall conform to the requirements of Sections 941 and 942 ofthe Standard
Specifications.
E.2 Jointing Aluminium Spiral RIb Pipe
Coupling bands shall be made of the same material as the pipe and shall be a minimum 0 f 16 gauge.
Bolts, nuts, and other hardware used shall meet the requirements ofeither ASTM A307 or ASTM
A325. Each end of each pipe section shall have a minimum of two annular corrugations and shall
fully engage, over the entire periphery, one corrugation on each pipe end. In addition, two neoprene
"a-ring" type gaskets shall be used in conjunction with the connecting band. The neoprene "a-ring"
gaskets shall meet the requirement of ASTM C-361. An acceptable connecting band is the H-12
Hugger Band with double "a-ring" gaskets. Field cut pipe shall only be installed with the plain endu(no annular corrugations) in a storm sewer structure. A filter fabric jacket in accordance withFDOT
Standard Index 280 shall be installed around alljoints.
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F. Catch Basins. Storm Sewer Manholes and Concrete Headwalls
Catch basins, storm sewer manholes and concrete headwalls shall be constructed at the location and
to the depth indicated on the drawings and in acco rdance with the details shown thereon. Excavations
and backfill shall be made in accordance with the applicable sections of the specifications. Joints
between walls and the incoming outgo ing pipes shall be sealed with Portland cement mortar to form a
watertight joint. All pipes within catch basins, storm sewer manholes, and concrete headwalls shall be
cut offflush with the face of the structure and the broken ends of these pipes shall be grouted with
Portland cement mortar to a smooth uniform covering with no steel exposed. All precast reinforced
concrete structures shall conform to A.S.T.M. Specification C-478. The Contractor shall submit
three (3) sets of shop drawings of the proposed precast structures for approval.
Construction 0 f grated inlets and catch basins shall be to the elevations and dimensions shown on the
Plans. Construction shall include any reasonable adjustment and realignment ofthe grate necessary,
or the installation of the inlet grates. Frames shall be secured in mortar and the mortar struck smooth
inside and out.
G. Manhole Frame and Cover
Material used in the manufacture of the casting shall conform to A.S.T.M. Specification A 48-76
Table I, Class 30B iron or of the U.S. Government Specification QQI-652, latest revision for gray
iron casting. See details for specific infonnation.
H. Form Work
All work shall be performed to the dimensions shown on the plans. Forms shall be of sufficient
strength to resist springing. Bottom forms shall not be removed within twenty-four hours after
placing the concrete. Side or top forms shall not be removed within twelve hours after placing the
concrete. Upon the removal of the forms, minor defects shall be corrected with a rich mix of cement
mortar. When completed the concrete shall be cured as outlined herein.
II. SW ALE EXCA V A TION
A. Scope
Swale excavation shall conform to the limits indicated on the plans or specified herein. This work
shall include excavation, shaping and sloping and other work necessary in bringing the swale
excavation to the required grade, alignment and cross section.
B. Excavation
All suitable materials removed from the swale excavation shall be used as far as practicable in the
formation of subgrades, shoulders or other places as directed. No excavated material shall be wasted
without permission, and where necessary to waste such material it shall be disposed of as directed by
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the Engineer. Material classified as A-8 in accordance with AASHTO Designation M 145 is highly
organic soil and is considered unsuitable and is to be removed to the required depth and replaced, to
the satisfaction of the Engineer, with suitable material. Unsuitable material existing in open areas may
remain and these open areas may be used for disposal areas for the unsuitable material as directed by
the Engineer. Open areas are defined as those areas that do not include building sites, paving or
street rights-of-way. All excess unsuitable excavated material shall be considered property of
Contractor and shall be removed from the site. Final elevations shall be within 0.1 foot of the
required elevation and surfaces shall be sloped to drain as shown on the Drawings.
SEC4
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SECTION 5 WATER DISTRIBUTION SYSTEM (for Collier County 1/91)
I. GENERAL WATER DISTRIBUTION
A. Scope
The scope ofthis section consists of furnishing labor, equipment and materials and the
construction of a complete system of water distribution pressure piping and appurtenant items.
The Contractor shall examine the entire site ofthe proposed work prior to submitting his bid in
order to verify existing conditions and/or variances between existing conditions and those shown
on the plans or called for in the specifications. In the event existing conditions vary from the
plans and specifications, he shall base his bid upon existing conditions.
B. Excavation and Backfill
All excavation, preparation of pipe bedding, backfilling and related work shall conform to the
requirements of Section 2-IV, "Excavation and Backfill for Utility Systems".
C. Water in Excavation
Water shall not be allowed in the trenches while the pipes are being laid and/or tested. The
Contractor shall not open more trench than the available pumping facilities are able to dewater to
the satisfaction ofthe Engineer~ The Contractor shall assume responsibility for disposing of all
water so as not to injure or interfere with the normal drainage ofthe territory in which he is
working. In no case shall the pipelines being installed be used as drains for such water. The ends
of the pipe shall be kept properly and adequately blocked during construction by the use of
approved stoppers and not by improvised equipment. All necessary precautions shall be taken to
prevent the entrance of mud, sand, or other obstructing matter into the pipelines. If any such
material has entered the pipelines, it must be removed as directed by the Engineer so that the
entire system will be left clean and unobstructed.
D. Shop Drawings
The following shop drawings shall be submitted to the Engineer for approval prior to
construction, as well as for any or all products intended for use that are of an "or approved equal"
status: Submit the number of opaque reproductions which the Contractor requires, plus three (3)
copies which will be retained by the Engineer.
1. Mill Test Certificates or Certified Test Reports on Pipe
2. Details of Restrained and Flexible Joints
3. Meter Boxes
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4. Valves and Valve Boxes
5. Fire Hydrants
6. Service Connection Assemblies
E. . Design Requirements
Water mains shall be laid with a minimum cover of30-inches below finished grade, and a
maximum of 4 feet cover.
II. MATERIALS
A.. Ductile Iron Pipe and Fittings
1. Ductile Iron Pipe
Ductile iron pipe shall be Class 51 and conform to the requirements of ANSI Standard
A21.51 (AWWA CI5l). The pipe wall thickness shall be not less than that required bya
working pressure of 150 psi with Type 4 laying condition and 5-feet of cover, in
conformance with ANSI Standard A21.50 (AWWA CI50), Tables 50.12 and 50.13. Pipe
interior shall have a bituminous seal coat over a cement mortar lining conforming to ANSI
Standard A21.4 (A WWA CI04). Exterior of pipe shall have a standard bituminous
coating. All water mains shall be marked using plastic locator tape. The locator tape shall
be placed in the pipe trench at one (1) foot above the top of pipe and labeled "water
main".
2. Fittings
All cast iron and ductile iron fittings shall be mechanical joint or single gasket, push on
type with a minimum pressure rating of 150 psi, and shall conform to the requirements of
ANSI Standard A21.10 (AWWA ClIO).
Mechanical joint and/or single gasket, push on type fittings shall be cement lined, seal
coated and outside coated as specified above for ductile iron pipe.
3. Joints
Mechanicaljoints consisting of bell, socket, gland, gasket, bolts and nuts shall conform to
ANSI Standard A2l.11 (A WW A C 111). Bolts shall be high strength, annealed, cast iron,
or high strength low alloy steel, T-head type having hexagonal nuts. Bolts and nuts shall
be machined true and nuts shall be tapped at right angles to a smooth bearing surface.
Single seal gasket push on type joints shall conform to the requirements of ANSI A2l.1l
and shall be "Tyton", "Fastite", "Super Bell Tite", "Altite", or approved equal.
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4. Restrained Joints
See plan for details for Restrained Joint Specifications.
5. Gaskets
Gaskets shall be of vulcanized crude rubber or polyvinyl chloride plastisol. Gaskets shall
have plain tips unless otherwise specified.
B. Polyvinyl Chloride Pipe and Fittings
1. Pipe
Polyvinyl chloride (PVC) pipe 4-inches and larger in diameter shall be A WW A. C900, by
Johns-Manville, "Blue Brute", or approved equal, per ASTM D 2676 Standards. All water
mains shall be marked using plastic locator tape, impregnated with metallic filings for PVC
pipe. The locator tape shall be placed in the pipe trench at one (1) foot above the top of
pipe and labeled "water".
Polyvinyl chloride pipe smaller than 4-inches shall conform to the requirements of ASTM
Designation D 1785, Class 1120 or 1220, Schedule 80 pipe with a minimum pressure rating
of 400 psi at 73.40 F for unthreaded pipe.
All PVC that is not buried shall be formulated for sunlight exposure and shall pass the
impact strength test as described by ASTM Designation D 2444, using Type A with an
impact level of94 ft.-Ibs.
2. Fittings
PVC pipe fittings 3-inches and larger shall be ductile iron, cement lined mechanical joint
only and furnished by the manufacturer ofthe pipe with which they are used and shall
conform to the requirements of ASTM Designation D 2467. All PVC pipe fittings shall
bear the approval seal ofthe National Sanitation Foundation (NSF) for potable water pipe.
Fittings for PVC pipe smaller than 3-inches shall be Schedule 80 PVC with solvent weld
or threaded joints and shall conform to the requirements of ASTM Designation D 2467
and D 2464 respectively.
C. Gate Valves
Gate valves 2-inches in diameter and larger shall be iron body, nonrising stem resilient seat,
bronze mounted gate valves, mechanical joint and/or single gasket push on type, conforming to
requirements of the AWWA Standard C509 and shall be provided with a 2-inch square operating
nut. Valves shall turn to the left ( counterclockwise) to open. All valves shall be provided with D-
ring seals. The design and machining of valves shall be such as to permit replacing the O-ring
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seals while in service without undue leakage.
Gate valves for pipe less than 3-inches in diameter shall conform to the requirements 'ofFederal
Specifications WW-V-54 for Class A, Type I, and shall be bronze, single wedge, nonrising stem,
screwed bonnet, 125 pound S.P., 200 pound W.O.G., with stuffing box repackable under pressure
and all parts renewable. Ends shall be as shown on the Drawings.
D. Butterfly Valves
1. General
All butterfly valves shall be of the tight-closing, rubber-seat type with rubber seats that are
securely fastened to the valve body or disc. No metal-to-metal seating surfaces will be
permitted. Valves shall be bubble-tight at rated pressures with flow in either direction, and
shall be satisfactory for applications involving frequent operation and for applications
involving valve operation after long periods of inactivity and for buried installation. Valve
discs shall rotate 900 from the full open position to the tight shut position. Valves shall
meet the full requirements of A WW A Standard C504 for Class 150B. The manufacturer
shall have manufactured tight-closing, rubber-seat butterfly valves for a period of at least
five years. All valves shall be Henry Pratt Company, Allis-Chalmers, Dresser or approved
equal.
2. Valve Body
Valve bodies shall be constructed of cast iron ASTM A 126 Class B. Ends shall be
mechanical joint. Two trunnions for shaft bearings shall be integral with each valve body.
3. Valve Discs
Valve discs shall be constructed either of alloy cast iron ASTM A 436 Type 1 (Ni-Resist),
ductile iron ASTM A 536, or cast iron ASTM A 48 each with Type 316 stainless steel
seating edge or the entire disc may be constructed of cast 316 stainless steel.
4. Valve Seats
Valve seats shall be of a synthetic or natural rubber compound and may be mounted on the
disc or valve body.
5. Valve Bearings
Valves shall be fitted with sleeve-type bearings. Bearings shall be corrosion resistant and
self-lubricating.
6. Buried Operators
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Buried service operators shall be permanently lubricated, sealed for submersion in water
for pressures of 20 feet, and equipped with a two inch square A WW A operating nut which
shall indicate the direction to open. The operator shall be constructed such that the valve
will open when the nut is turned to the left (counterclockwise) to open.
E. Valve Boxes
Cast iron valve boxes shall be provided for all valves installed underground. The valve boxes shall
be adjustable to fit the depth of earth cover over the valve and shall be designed so as to prevent
the transmission of surface loads directly to the valve or piping. Valve boxes shall have an
interior diameter of not less than 5-inches. The valve boxes shall be provided with covers marked
WATER which shall be so constructed as to prevent tipping or rattling. Boxes shall be Clow
Corporation No. F-2450, Mueller Company No. H-10361 or approved equal. Extension sections
shall be cast iron only. The protective ring shall be constructed of Class B concrete and shall have
dimensions ofl8" x 18" x 6".
F. Hydrants
Fire hydrants shall be of the compression type with break away upper sections capable of ready
replacement without water loss in the event of traffic damage. They shall be designed for a
working pressure of 150 pounds per square inch and shall conform to A WW A Standard C502,
"Fire Hydrants for Ordinary Water Works Service". Hydrants shall turn left (counterclockwise) to
. open. Each hydrant shall be fitted with one 4 II2-inch pumper connection, and two 2 II2-inch
hose connections, both having threads that conform to the Fire Division Standard for the area.
Hose caps shall be chained to the hydrant barrel and fitted with nuts similar to the hydrant
operating nuts. Each hydrant shall have a barrel of sufficient length to bring the bottom of the 6-
inch pipe connection 3-feet below the surface ofthe finished ground. Each hydrant shall be made
in at least two sections bolted together. All interior working parts of the hydrant shall be
removable from the top of the hydrant to allow repairs without removing the hydrant barrel after
it has been installed. Hydrants shall be supplied and painted in accordance with the specifications
ofthe local Fire District and/or water supplier.
G. Tapping Sleeves and Valves
Tapping sleeves and tapping valves used to make "wet" taps into existing mains shall be provided
and installed at locations as shown on the Drawings. 6" to 12" tapping saddles shall be split cast
iron units or stainless steel and rated 150 psi working pressure at Engineer's option. The
Contractor shall determine the outside diameter ofthe existing main before ordering the sleeve.
Valves shall be ofthe nonrising stem type with O-ring seals and applicable to requirements as
specified above for gate valves.
H. Valve/Meter Vault Manhole Castings
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37
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The manhole frame and cover shall conform to the ASTM Designation A48-76, Class 30.
Castings shall be true to pattern in form and dimensions and free of pouring faults and other
defects in positions which would impair their strength, or otherwise make them unfit for the
service intended.' The seating surfaces between frames and covers shall be machined to fit true.
No plugging or filling will be allowed. Lifting or "pick" holes shall be provided, but shall not
penetrate the cover. Casting patterns shall conform to those shown on the Drawings. The letter
"W", or the words "WATER METER" shall be cast in the manhole cover. The manhole frame
and cover shall be traffic bearing.
1. Miscellaneous Items
Other items necessary for the complete installation and not specified herein shall conform to the
details and notes shown on the drawings. All minor items implied, usually included, or required
for the construction of a complete operating system shall be provided for.
III. EXECUTION
A. Pipe Inspection
The Contractor shall obtain from the pipe manufacturers a certificate of inspection to the effect
that the pipe and fittings supplied for this Contract have been inspected at the plant and that they
meet the requirements of these specifications. All pipe and fittings shall be subjected to visual
. inspection at time of delivery by rail or truck and just before they are lowered into the trench to be
laid. Joints or fittings that do not conform to these specifications will be rejected and must be
removed immediately by the Contractor. The entire product of any plant may be rejected when, in
the opinion of the Engineer, the methods of manufacture fail to secure uniform results, or where
the materials used are such as to produce inferior pipe or fittings.
B. Laying Pipe
1. Cradle
Upon satisfactory excavation ofthe pipe trench and completion ofthe pipe bedding, a
continuous trough for the pipe barrel and recesses for the pipe bells, or couplings, shall be
excavated by hand digging. When the pipe is laid in the prepared trench, true to line and
grade, the pipe barrel shall receive continuous, uniform support and no pressure will be
exerted on the pipe joints from the trench oottom.
2. Cleanliness
The interior of the pipes shall be thoroughly cleaned of all foreign matter before being
gently lowered into the trench and shall be kept clean during laying operations by means of
plugs or other approved methods. During suspension of work for any reason at any time,
a suitable stopper shall be placed in the end ofthe pipe last laid to prevent mud or other
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foreign material from entering the pipe.
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3. Gradient
Lines shall be laid straight, and depth of cover shall be maintained uniform with respect to
finish grade, whether grading is completed or proposed at time of pipe installation. When
a grade or slope is shown on the Drawings, batter boards with string line paralleling design
grade, or other previously approved means, shall be used by the Contractor to assure
conformance to required grade.
4. Pipe Joint Deflection
Whenever it is desirable to deflect pipe, the amount of deflection shall not exceed the
maximum limits as shown in A WW A Standard C-600.
4.A. Backfill
Backfill material shall be clean of all debris and large rock or anything else deemed
unsuitable backfill should be placed so as not to disturb alignment of pipe and should be in
lifts of 6" layered to a depth of 12" over top of pipe.
5. Rejects
Any pipe found defective shall be immediately removed and replaced with sound pipe.
Defective pipe which was supplied by the Contractor shall be replaced at the Contractor's
expense.
6. PVC
Polyvinyl cWoride pipe may be damaged by prolonged exposure to direct sunlight and the
Contractor shall take necessary precautions during storage and installation to avoid this
damage. Pipe shall be stored under cover and sufficient backfill shall be placed to shield it
from the sun as the pipe is installed.
7. Joint Compounds
No sulphur base or any supportive of bacterial growth joint compound shall be used.
8. Anchors
Concrete thrust blocks shall be placed at all bends, tees, plugs and other fittings to provide
lateral support. Thrust bIocks shall conform to the details shown on the Drawings.
C. Ductile Iron Pipe Joints
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1. IYill!
The joints of all pipelines shall be made absolutely tight. The particular joint used shall be
approved by the Engineer prior to installation. Pipe joints shall be bolted where shown on
the Drawings or where, in the opinion of the Engineer, settlement or vibration is likely to
occur.
2. Mechanical Joints
All types of mechanical joint pipes shall be laid and jointed in full conformance with the
manufacturer's recommendations, which shall be submitted to the Engineer for review and
approval before work is begun. Only especially skilled workmen shall be permitted to
make up mechanical joints. Torque wrenches set as specified in A WW A Specification
Cl11-64, shall be used; or spanner type wrenches not longer than specified therein may be
used with the permission of the Engineer.
3. Push On Joints
Push on joints shall be made in strict, complete compliance with the manufacturer's
recommendations. Lubricant, ifrequired, shall be an inert, nontoxic, water soluble
compound incapable ofharboring, supporting, or culturing bacterial life. Manufacturer's
recommendations shall be submitted to the Engineer for review and approval before work
is begun.
4. Restrained Joints
Restrained joints shall be provided at changes in direction of all ductile iron pipe water
mains 24-inches in diameter and larger in lieu of concrete thrust blocks. All pipe joints
within the distance shown in the following table from the P.I. of the fittings shall be
restrained type. These distances shall apply to lengths of pipe on each side of the fitting.
Tees and dead ends valved or capped shall be considered equivalent to 900 bends.
(Lengths are based on cohesive granular, sand and/or silt backfill and 100 psi test
pressure. )
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Distance From Fittings (Length in Feet) Which
Require Restrained Pipe Joints
(3-Ft. Cover: 100 PSI Test Pressure)
Pipe
Size
900 450 22 1/20
Bend Bend Bend
11 1/40
Bend
20"
24"
30"
36"
42"
48"
54"
22
24
30
34
36
42
44
14
16
18
20
20
22
24
8
8
10
12
12
12
14
36
45
56
66
68
72
80
For higher test pressures, contact the Engineer.
D. Polyvinyl Chloride Pipe Joints
The joints of all polyvinyl chloride pipelines shall be made absolutely tight, and joints in polyvinyl
chloride pipe shall be made in conformity with the recommendations of the pipe manufacturer.
The particular joint used shall be approved by the Engineer prior to installation.
E. Installing Valves and Boxes
I. Valves
Valves shall be carefully inspected, opened wide and then tightly closed and the various
nuts and bolts shall be tested for tightness. Special care shall be taken to prevent any
foreign matter from becoming lodged in the valve seat. Gate valves, unless shown
otherwise, shall be set with their stems vertically above the center line of the pipe.
Butterfly valves shall have the disc shaft installed horizontally. Any valve that does not
operate correctly shall be removed and replaced,
2. Valve Boxes
Valve boxes shall be carefully centered over the operating nuts of the valves so as to
permit a valve key to be fitted easily to the operating nut. In areas to be paved, valve
boxes shall be set to conform to the level of the flange as shown on the Drawings. The
valve box shall not transmit surface loads to the pipe or valve. Care shall be taken to
prevent earth and other material from entering the valve box. Any valve box which is out
of alignment or whose top does not conform to the finished ground surface shall be dug
out and reset. Before final acceptance of the work all valve boxes shall be adjusted to
finish grade.
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F. Installing Hydrants
- Hydrants shall be set plumb and in true alignment with mains. They shall be securely braced
against the end of the trench with concrete thrust blocks as shown on the Drawings. Backfilling
around hydrants shall be carefully done so as not to disturb the hydrant and shall be thoroughly
compacted so as to support the hydrant securely.
G. Concrete Encasement
Concrete encasement shall be constructed in accordance with details shown on the Drawings and
shall be constructed of Class C concrete. Encasement shall be constructed where:
1. Indicated on the drawings
2. The Engineer shall order the line encased
The points of beginning and ending of pipe encasement shall be not more than 6-inches from a
pipe joint to protect the pipe from cracking due to uneven settlement of its foundation or the
effects of superimposed live loads. Concrete encasement will be paid for at the unit price bid per
linear foot.
H. Flushing
. All water mains shall be flushed to remove all sand and other foreign matter. The velocity of the
flushing water shall be at least 4-feet per second. Flushing shall be terminated at the direction of
the Engineer. The Contractor shall dispose of the flushing water without causing a nuisance or
property damage.
I. Hydrostatic Tests
1. No testing shall be done until all concrete thrust blocking is in place and set. If
high-early strength concrete is used, testing may be conducted 48 hours after the concrete
is placed; otherwise thrust block concrete must cure 5 days before pressure testing
commences. In testing, the part ofthe system under test shall be filled with water and
subjected to a sustained pressure of 150 pounds per square inch. The piping shall be
tested in sections, thereby testing each valve for secure closure. While the system is being
filled, air shall be carefully and completely exhausted. Ifpennanent air vents are not
located at all high points, the Contractor shall install corporation stops or fittings and
valves at such points so the air can be expelled as the pipe system is slowly filled with
water.
2. Test pressure shall be maintained bypurnping for at least 2 hours and until all
sections under test have been checked for evidence ofleakage. Rate ofloss shall not
exceed that specified in the following paragraph "Allowable Limits For Leakage". Visible
leaks shall be corrected regardless oftotalleakage shown by test.
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3. All pumps, gauges and measuring devices shall be furnished, installed and operated
by the Contractor and all such equipment and devices and their installation shall be
approved by the Engineer. All pressure and leakage testing shall be done in the presence
of a representative ofthe utility system and the Engineer.
4. Water for testing and flushing shall be potable water provide by the Contractor
from a source approved by the Engineer.
J. Allowable Limits for Leakage
The hydrostatic pressure tests shall be performed to A WW A C-600 standards to +/- 5 psi as
hereinabove specified and no installation, or section thereof: will be acceptable until the leakage is
less than the number of gallons per hour as determined by the formula:
L = SDpl/2
133,200
in which,
L = Allowable leakage, in gallons per hour
S = Total linear feet of pipe tested
D = Nominal diameter of pipe in inches
p = Average test pressure during the test, in psi gauge
Water shall be supplied to the main during the test period as required to maintain the test pressure
as specified. The quantity used, which shall be compared to the above allowable quantity, shall be
measured by pumping from a calibrated container. A 5/8-inch meter installed on the discharge
side ofthe pump may be used to measure the leakage for large mains when approved by the
Engineer.
1<.. Disinfection
1. Before any portion of water distribution system is to be placed in service it shall be
disinfected in accordance with the requirements of A WW A Specification C651; its
disinfection shall be demonstrated by bacteriological test conducted in accordance with
"Standard Methods for Examination of Water and Sewage" for the coli-aerogenes group,
by an approved laboratory, acceptable to the Engineer and the County Health Department
having jurisdiction.
2. The disinfecting agent shall be free chlorine in aqueous solution, with sustained
concentration for 12 hours or more of not less than 50 parts per million. CWorine may be
derived from chlorine gas, or 70 percent (high test) ca1ciumhypochlorite (HTH or equal).
Administration may be by any of the several methods descnbed in AWWA Standard C
651 as proposed by the Contractor and.approved by the Engineer. Proposals as to method
must be made prior to commencement of the disinfection process. The chlorination must
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be done in the presence of Engineer or his representative.
3. Following contact with chlorine solution, the system shall be thoroughly flushed
out. Samples shall then be taken using sterile containers obtained from the County Health
Department. Bacteriological samples of potable water in the mains will be taken on each
of two (2) successive days. The Contractor will submit the samples to the local health
department for testing.
4. If samples do not demonstrate satisfactory results, the disinfection procedure shall
be repeated until two series of satisfactory samples are obtained, the period between such
series of samples to be a minimum oftwenty-four hours.
L. Connection to Existing System
All connections to existing mains shall be made only after complete disinfection of the proposed
system and shall be made under the direction ofthe owners ofthe existing system. Valves
separating the mains being installed from existing mains shall be operated by or under the
direction of said owner's representative.
In the event the proposed main is to be connected to a main which has one or more active services
between the point of connection and the first existing line valve, a temporary plug or cap shall be
installed on the new main until the pressure tests and disinfecting are completed. Upon
satisfactory completion, the cap or plug shall be removed from both mains and the connection
. made with pipe which has been swabbed out with a solution of chlorine and water. The connec-
tion shall be made as swiftly as possible and any water in the ditch shall be kept below the level of
the pipe. The pipeline shall then be placed in service by the utility owner's personnel
In the event any existing customers will be without water while a connection is being made, the
Contractor shall notifY them when the water will be turned off and when he estimates service will
be resumed. These connections shall not be made unless written approval has been obtained from
the owners of the existing system No customer shall be without water service for more than two
hours.
SEC5CC
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SECTION 6 SEWAGE COLLECTION SYSTEM (for Collier County 10/90)
I. GENERAL GRAVITY COLLECTION SYSTEMS
A. Scope
The work included under this section consists offumishing all labor, equipment and materials and
the construction of sanitary sewers, sewer connections and appurtenances as shown on the
Drawings or specified herein.
The Contractor shall examine the entire site of the proposed work prior to submitting his bid in
order to ver:i.ty existing conditions and/or variances between existing conditions and those shown
on the plans or called for in the specifications. In the event existing conditions vary from the
plans and specifications, he shall base his bid upon existing conditions.
B. Excavation and Backfill
All excavation, preparation of pipe bedding, and backfill for sewers, sewer connections, manholes
and other appurtenances shall be performed in accordance with the requirements of Section 2-IV,
"Excavation and Backfill For Utility Systems".
C. Shop Drawings
Three (3) copies of the following data or shop drawings shall be submitted to the Engineer for
approval prior to construction, as well as for any or all products intended for use that are of an
"or approved equal" status:
L Precast manholes
2. Manhole frames, covers and other castings
3. Manufacturer's Certified Test Report on castings
4. Certified test records for polyvinyl chloride pipe
5. Polyvinyl chloride pipe joint
6. Flexible manhole sleeve
7. Sewage pumping station and appurtenances
II. MATERIALS
A. Polyvinyl Chloride Pipe
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Plastic gravity sewer pipe and fittings shall be polyvinyl chloride (PVC) and conform to the
requirements of ASTM Designation D 3034, Type PSM, Class l2454-B or 12454-C, SDR-35
with elastometric gasket joints conforming to ASTM Designation F 477. PVC pipe and fittings
shall be as manufactured by Johns-Manville, Certainteed or approved equal.
B. Concrete and Reinforcing Steel
Concrete classes for the various purposes shall be as follows:
1. Manhole bottoms, Class A
2. Precast manholes, Class B minimum
3. Pipe and riser encasements, Class C
4. Protective slabs, Class C
C. Castinf,2:s
All manhole rings and covers shall conform to ASTM Designation A-48-76, Class 30. Covers
shall be of the solid, indented type with non- penetrating pickholes and the words "Collier County
Sanitary Sewer" cast thereon. All seat surfaces shall be machined smooth to prevent rocking.
Manhole rings shall be adjusted in finished grade through the use of precast concrete riser rings
. . and red clay bricks. At no time will more than four (4) courses of brick be utilized in making the
adjustment. If adjustment exceeds this limit, then riser rings shall be utilized in conjunction with
the brick. Each ring shall be set in a bed of mortar to insure a proper bond and seal between rings.
Poured in place concrete ring adjustment shall be permitted provided the construction document
contains a standard detail for this type of construction.
All manholes shall have O-ring gasketed covers with machined bearing surfaces. The O-ring shall
be in a dovetail groove with a loose O-ring that is not under tension or compression. All ring and
covers shall be set on a layer ofRam-Nek or equivalent bituminous sealer prior to being grouted
in place.
D. Brick
Brick for manhole construction shall be dense, hard burned; shale or clay brick conforming to
ASTM Designation C 32, Grade MM or C 62, Grade MW, except that brick absorption shall be
between five and twenty-five grams of water absorbed in one minute by dried brick, set flat face
down, in 1/8-inch of water.
E. Cement Mortar
Cement mortar for manhole construction shall be one part cement and three parts clean sharp sand
to which may be added lime in the amount of not over ten percent volume of cement. It shall be
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mixed dry and then wetted to proper consistency for use. No mortars that have stood for more
than one hour shall be used.
F. Flexible Manhole Sleeves
Flexible manhole sleeves for connecting sewer pipe to precast manholes shall be of a synthetic
rubber compound resistant to ozone, weather, acid and water. The sleeve shall have a cast-in-
place water stop and accommodate settlement up to 15 degrees. The binding of the sleeve to the
pipe shall be a non-corrosive, non-magnetic type 300 stainless steel strap.
G. Miscellaneous Items
Other items necessary for the complete installation and not specified herein shall conform to the
details and notes shown on the drawings. All minor items implied, usually included, or required
for the construction of a complete operating system shall be provided for.
ITI. EXECUTION
A. Laying Pipe
I. General
Upon satisfactory installation of the pipe bedding, as specified in Subsection I.-B.,
"Excavation and Backfill" ofthis Section, a continuous trough for the pipe barrel and
recesses for the pipe bells shall be excavated by hand digging so that, when the pipe is laid
in the trench, true to line and grade, the pipe barrel will receive continuous uniform
support and the bell will receive no pressure from the trench bottom.
The interior 0 f all pipe shall be thoroughly cleaned of all foreign material before being
lowered in the trench and shall be kept clean during laying operations by means of plugs,
or other approved methods.
Before pipe is joined, gaskets shall be cleaned of all dirt and other foreign material. The
spigot ends of the pipe and/or pipe gaskets shall be lubricated lightly with a lubricant as
specified by the pipe manufacturer and approved by the Engineer. Sufficient pressure shall
be applied to the pipe so as to properly seat the socket into the bell of the pipe. All pipe
shall be laid straight, true to the lines and grades shown on the Drawings in each manhole
section.
2. Polyvinyl Chloride Pipe
(a) Transportation
Care shall be taken during transportation of the pipe that it is not cut, or otherwise
damaged.
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(b) Handling Pipe Lengths
Two non-abrasive slings spread apart shall be used for lifting each length of pipe.
(c) Storage
Pipes shall be stored on level ground, preferably turf or sand, free of sharp objects
which could damage the pipe.
Stacking of the polyvinyl chloride pipe shall be limited to a height that will not
cause deformation of the bottom layers of pipes under anticipated temperatures
conditions.
Where necessary, due to ground conditions, the pipe shall be stored on wooden
supports, spaced suitably and of such width as not to allow deformation ofthe pipe
at the point of contact with or between supports.
(d) Special Precautions
Polyvinyl chloride (PVC) pipe connected to heavy fittings, manholes and rigid
structures shall be supported in such a manner that no subsequent relative
movement between the pipe and the joint with the rigid structures is possible.
. B. Service Connections
1. Service connections, of the type called for on the Drawings, shall be provided in
accordance with the details as shown or indicated on the Drawings.
2. Where called for on the Drawings, sewer pipe of the size and type noted shall be
extended to the street right-of-way line and plugged with an approved water tight
removable plastic plug. All connections and changes of direction shall be made using
standard fittings designed for the purpose.
3. All services shall be marked as indicated in plans.
C. Concrete Encasement
Class C concrete shall be constructed in accordance with details shown on the Drawings.
Encasement shall be constructed where:
1. The sewer or service pipe shall have less than 36- inches of cover between the top
ofthe pipe and the final top ofpavement in traffic areas and 30 inches of cover in non-
traffic areas.
2. The sewer or service pipe crosses over, or at a depth which provides less than 18-
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inches clear distance between pipes when crossing under water mains. Encasement shall
extend a minimum of 10- feet on each side of the point of crossing.
3. The Engineer shall order the line encased.
Payment for the above described work shall be made at the unit price stated in the Proposal.
It: through failure to provide suitable trench sheeting, or other causes, the maximum width for
trench excavations, as specified elsewhere in these specifications, is exceeded, the Contractor shall
construct concrete encasement around the pipe for the length of the excessive excavation. No
additional payment will be made for the concrete encasement required due to excessive trench
widths.
The points of beginning and ending of sewer, or service pipe encasement shall be not more than 6-
inches from a pipe joint to protect the pipe from cracking due to uneven settlement of its
foundation or the effects of superimposed live loads.
D. Manholes. Precast Concrete
1. Precast concrete manholes may be used, subject to the following conditions:
(a) Details and shop drawings ofthe manholes, proposed for this work, are
submitted to and approved by the Engineer prior to the manufacture ofthe
units. Manholes which are not manufactured in strict compliance with the
approved shop drawings and these specifications will be rejected.
(b) The design and manufacture of the manholes, and special pipe construction
at manholes, shall conform to these specifications.
(c) Manhole excavation, bedding and pipe trench excavation and bedding at
manhole junctions shall be performed in accordance with the provisions in
Section 2-IV, "Excavation And Backfill For Utility Systems".
2. Precast manholes shall conform to the requirements of ASTM Designation C-478
with reinforcement of Grade 40 bars and the following modifications thereto:
(a) The minimum shell thickness shall be 8-inches.
(b) Cement to be used in precast manholes shall be Type II, per AASHTO M -85.
(c) Joints, whose position in the complete structure is below an elevation of 3-
feet below finished grade, shall be a compression type, neoprene gasket
joint of a design approved by the Engineer. The unfilled portion of the joint
shall be filled with Ram-Nek plastic joint sealing compound. The manhole
ring shall be sealed with a bituminous sealer to the manhole riser chimney
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or cone.
(d) Lifting holes through tbe structures are permitted, but must be plugged
innnediately after placement in the following manner:
(1) Clean all coal tar epoxy, dust, loose materia~ etc., that may exist,
from the lift-hole to be sealed.
(2) Insert, half-way, a styrene but alene lift-bole plug, as manufactured
by Syntex Rubber Corporation, or approved equal. The plug sball
be a minimum of 1I8-inches wider than the diameter ofthe lift-hole
being plugged.
(3) Apply a generous coating of bonding agent inside the lift-hole and
around each surface of the lift-hole. Use "Bondit", as manufactured
by Atlas Chemical Co., or approved equal.
(4) Fill the lift-hole from each end with non shrinking grout, flush to
each surface. No air shall be trapped.
(5) Coat both surfaces of the lift-hole with 16 mil. (dry) of coal tar
epoxy. (Grout shall be entirely cured prior to epoxy application).
(e) The design of the structure shall include a precast base of not less than8-
inches in thickness poured monolithically with the bottom section of the
manhole walls.
(f) All grout used for sealing around openings shall comply with AS. T.M.
Specifications C-476 and shall be designed for use in water. All openings
and joints shall be watertight.
(g) Precast manhole tops, ifused, shall terminate at such elevations as will
. permit laying of precast concrete rings under the manhole frame to make
allowance for future street grade adjustments.
(h) Drop connections, where required on precast manholes, shall be
manufactured with the manhole elements at the casting yard. The
manufacturer shall submit for approval the method of drop manhole
construction.
(i) The interior and exterior walls shall be coated with two applications of coal
tar epoxy applied as recommended by the coating manufacturer to form a
16 mil dry film thickness.
CD Sballow manholes may substitute an eight-inch precast reinforced slab on
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the top in lieu of the cone section. Slabs shall be laid in a full bed of mortar
and pointed to form a dense joint.
(k) Precast manholes that are installed in conjunction with PVC pipe shall
utilize flexible boot set in the concrete wall and with a stainless steel band
to join PVC pipe to concrete manholes.
E. Connections to Existing Structures and Sewers
Various sewer lines shall be connected to existing manholes and structures. Provisions have been
made in some of the existing structures for future connections and may require only the removal
ofa plug and the connection of the proposed line, while other connections will require cutting into
the existing structure. All cut connections into existing manholes shall be core bored and sealed
using "link seal". The Contractor shall exercise care in cutting into the existing structure and any
damage done to the structure shall be repaired. The tie-in point (existing sewer stub or structure)
shall be exposed by Contractor and inspected by Engineer or his representative. Contractor shall
verifY that the existing stub is at the proper line and grade and will notify Engineer if line and
grade is insufficient for connection. . Under no circumstances shall Contractor connect to a
damaged, plugged, or flat sewer without prior approval from Engineer.
F. Additional Work
Additional items of construction such as c1eanouts, terminal lines, special manholes and other
items necessary for the complete installation ofthe system shall conform to specific details on the
drawings and shall be constructed ofmaterials conforming to the applicable portions of these
specifications.
G. Tests, Inspections and Acceptance of Materials and Workmanship
1. Pipe
Polyvinyl chloride pipe used in this work shall be tested in accordance with ASTM
Designation C-3034. Certified records of the tests made by the manufacturer, or by a
reliable commercial laboratory, or both, shall be submitted with each shipment of pipe. All
pipe will be inspected upon delivery and that which does not conform to the requirements
of these specifications shall be rejected and must be immediately removed by the Contrac-
tor. The Contractor shall furnish and provide samples of pipe for the performance of such
additional tests as the Engineer may deem necessary.
2. Workmanship
It is imperative that all sewers and appurtenances be built practically watertight and that
the Contractor adhere rigidly to the specifications for materials and workmanship. All of
the sewage must be pumped for disposal and special care and attention must be paid to
securing watertight construction. Upon completion, the sewers, or sections thereof, will be
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tested and gauged and ifleakage is above the allowable limits specified, the sewer will be
rejected.
3. Inspection
On completion of each block or section of sewer, or such other items as the Engineer may
direct, the block or section of sewer shall be cleaned, tested and inspected. Each section of
the sewer shall show, on examination, a full circle of light between manholes.
Each manhole or other appurtenance to the system shall be of the specified size and form,
be watertight, neatly and substantially constructed, with the top set permanently to exact
position and grade. All repairs shown necessary by the inspection shall be made; broken or
cracked pipe replaced; all deposits removed and the sewer left true to line and grade, and
ready for use. .
H. Limits ofInfiltration, Exfiltration and Testing
The allowable limits of infiltration or exfiltration or leakage for the entire system or any portion
thereof shall not exceed a rate of 50 gallons/inchldiamlmile for a 24 hour period including
manholes.
Infiltration, if taken between any two adjacent manholes, shall not exceed O. I gallon per 24 hours
per foot of sewer for all sizes and all locations. This testing of lines between adjacent manholes
will not be required except to localize the position of a leak in a portion of the system that
exceeds the allowable leakage limit, or as directed by the Engineer.
Prior to testing for infiltration, the system shall bepumped out so that normal infiltration shall be
determined by pumping into or out of calibrated drums, or by other approved methods.
The exfiltration test will be conducted by filling the portion of the system being tested with water
to a level which will provide: a minimum head on a service later al connected to the test portion of
2- feet; or in the event there are no service laterals in the test portion, a minimum difference in
elevation of5-feet between the crown of the highest portion of the sewer and the test level.
Tests shall be run continuously for twenty-four (24) hours. Where infiltration or exfiltration
exceeds the allowable limits also specified herein, the defective pipe, joints, or other faulty
construction shall be located and repaired by the Contractor. If the defective portions cannot be
located, the Contractor shall remove and reconstruct as much ofthe work as is necessary in order
to conform to the specified allowable limits.
The Contractor shall provide all labor, equipment and materials and shall conduct all testing
required, under the direction of the Engineer. No separate payment will be made for this work and
the cost for this work shall be included in the price quoted in the proposal for the applicable item
of work.
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I. Drop Connections to Manholes
Drop connections to manholes shall be installed by the Contractor when the difference in invert
elevations of intersecting sewers shall exceed two (2) feet or more, or where directed by the
Owner's Representative. The difference in elevation shall be measured from the invert ofthe
incoming pipe to the invert at the center of the manhole. The drop connection structure shall be
built according to Plans and Specifications herein stated.
SEC6CC
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-)
SECTION 7 GENERAL SEWAGE FORCEMAINS
1. GENERAL
A Scope
The work included under this section consists offurnishing all labor, equipment and materials, and
the construction of sewage force mains and appurtenances as shown on the Drawings or specified
herein.
The Contractor shall examine the entire site of the proposed work prior to submitting his bid in
order to ver:ifY existing conditions and/or variances between existing conditions and those shown
on the plans or called for in the specifications. In the event existing conditions vary from the
plans and specifications, he shall base his bid upon existing conditions.
B. Excavation and Backfill
All excavation, preparation of pipe bedding, and backfill required for the installation of work under
this section shall be performed in accordance with Section 2-IV "Excavation And Backfill For Utility
Systems. "
........', '\
C.
Shop Drawings
. In general, 3 copies ofthe following data or shop drawings shall be submitted for approval ofthe
Engineer prior to construction:
I. Mill Test Certificates or Certified Test Reports on Pipe
2. Details of Restrained Joints
3. Valves and Valve Boxes
4. Air Release Valves
5. Pipe Laying Schedule
6. Temporary Plug and Anchorage System for Hydrostatic Pressure
Test
7. Prestressed Piles
8. Transition Joints at Canal Crossings
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D. Design Requirements
1. Force mains shall be laid with a minimum cover of30-inches below finished grade,
unless otherwise indicated.
2. All sewage forcemain constructed shall utilize pipe meeting the following
specifications, be sized to provide a desired flushing velocity of two and one half(2 1/2)
feet per second with a minimum allowable velocity of two (2) fee per second and shall be
marked using plastic locator tape, impregnated with metallic fillings for PVC pipe, and
non-magnetic for ductile iron pipe.
II. PRODUCTS
A. Ductile Iron Pipe and Fittings
1. Ductile Iron Pipe
Ductile iron pipe shall be Class 51. and conform to the requirements of ANSI Standard
A21.51 (A WWA C151), unless otherwise specified. Joints for ductile iron pipe shall be
mechanical or push on joints, except as otherwise specified. All sewage force mains shall
be marked using plastic locator tape. The locator tape shall be placed in the pipe trench at
one (1) foot above the top of pipe and labeled "sewage force main." Pipe interior for pipes
less than l2-inch in diameter shall be coated internally with coal tar epoxy and shall have a
12 mil minimum thickness lining. 12-inch and larger pipe shall have a polyethylene lining.
Exterior of pipe shall have a bituminous coating approximately one mil thick (and
conforming to the following):
Viscosity, KU at 250C
Flashpoint, <>P (TCC)
Dry set to touch, minutes
Dry hard, minutes
56-60
400 Minimum
6
22
2. Fittings
All cast iron and ductile iron fittings shall be mechanical joint or single gasket, push on
type with a minimum pressure rating of 150 psi, and shall conform to the requirements of
ANSI Standard A2LlO (AWWA Cll.O).
Mechanicaljoint and/or single gasket, push on type fittings less than 12-inch in diameter
shall be coal tar epoxy coated internally with a 12 mil minimum thickness liner and outside
coated as specified above for ductile iron pipe.
3. Special Pipe Lining
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110. "
\Q
Ductile iron pipe 12-inches in diameter or larger shall be lined with virgin polyethylene
complying with ASTM Designation D 1248 compounded with enough carbon black
during manufacture to resist ultra violet rays during above ground storage. The
polyethylene lining shall be fused in place, approximately 20 mils (.02- inches) in
thickness, shall be tightly adherent to the pipe wall and shall extend from the spigot end to
the gasket seat in the bell socket. The.inside surface ofthe pipe to be lined with
polyethylene shall be thoroughly cleaned of oi~ dirt and foreign matter.
4. Joints
Mechanical joints consisting of bell, socket, gland, gasket, bolts and nuts shall conform to
ANSI Standard A21.11 (A WW A Cl11). Bolts shall be high strength, annealed, cast iron,
T-head type having hexagonal nuts. Bolts and nuts shall be machined true and nuts shall
be tapped at right angles to a smooth bearing surface. Single seal gasket push on type
joints shall conform to the requirements of ANSI A21.11 and shall be "Tyton", "Fastite",
"Super Bell Tite", "Altite", or approved equal.
5. Restrained Joints
Restrained joints maybe of the types fabricated by the various manufacturers. Details of
restrained joints must be submitted to the Engineer for approval. Restrained joints that
require field welding will not be acceptable. The thickness of the pipe barrel remaining at
grooves cut for restraint shall not be less than that required for the design wall thickness.
Joints using set screws shallbe Clow Corporation, F-217 S/L set screw ring with 350 psi
pressure rating. Restrained joints shall be furnished for 24-inches and larger pipe at
changes in direction of the force main.
6. Gaskets
Gaskets shall be of neoprene. Gaskets shall have plain tips unless otherwise specified.
B. Polyvinyl Chloride Pipe and Fittings
1. Pipe
Polyvinyl chloride (PVC) pipe 4-inches and larger in diameter shall be C900 Class 100 for
systems with operating pressures less than 50 psi. For installations greater than 50 ps~
Class 150 shall be used. All PVC pipe shall bear the approval seal of the National
Sanitation Foundation (NSF) for potable water pipe. Polyvinyl chloride pipe smaller than
4-inches shall conform to the requirements of ASTM Designation D 1785, Class 1120 or
1220, Schedule 80 pipe with a minimum pressure rating of 400 psi at 73.4'F for
unthreaded pipe. Gasketed PVC smaller than 4" can be used with the Engineer's prior
approval. All sewage force mains shall be marked using plastic locator tape, impregnated
with metallic filings for PVC pipe. The locator tape shall be placed in the pipe trench at
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one (1) foot above the top of pipe and labeled "sewage force main."
2. Fittings
PVC pipe fittings 3-inches and larger shall be furnished by the manufacturer of the pipe
with which they are used. All PVC pipe fittings shall bear the approval seal of the National
Sanitation Foundation (NSF) for potable water pipe. Fittings shall be C900 grade PVC or
ductile iron mechanical joint. All ductile iron fittings shall be coal tar epoxy coated
internally with a 12 mil minimum thickness liner. Fittings for 6-inch and larger PVC pipe
shall be ductile iron and conform to the above requirements. Fittings for PVC pipe smaller
than 3-inches shall be Schedule 80 PVC with solvent weld and shall conform to the
requirements of ASTM Designation D 2464.
3. Joints
PVC pipe 2-inches and larger shall have provision for expansion and contraction provided
in the joints. All joints, except so lvent weld and threaded joints, shall be designed for push
on make up connection. A push on joint may be a coupling manufactured as an expanded
bell with a groove to retain a rubber sealing ring ofuniform cross section similar and equal
to Johns-Manville Ring- Tite and Ethyl Bell Ring, or may be made with a separate twin
gasketed coupling similar and equal to Certainteed Fluid-Tite. Circular gaskets shall
conform to the requirements of ASTM Designation F 477.
Joints in PVC pipe smaller than 2-inches shall be solvent welded in accordance with the
recommendations of the pipe manufacturer using the solvent welding compound furnished
with the pipe.
C. Galvanized Steel Pipe
1. Pipe Material
Galvanized steel pipe shall be Schedule 40 and conform to the requirements of ASTM
Designation A 120.
2. Fittings Material
Fittings for galvanized steel pipe shall be galvanized malleable iron pipe fittings, 150
pound, Type II, conforming to Federal Specification WW-P-521.
3. Joints
Joints shall be standard screw thread type, made with an approved compound, similar and
equal to Crane thread lubricant, or Teflon pipe tape applied to the male threads only.
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57
In
l/
D. Gate Valves
Gate valves 3 inches in diameter and larger shall be iron body, nonrising stem, resilient seat,
bronze mounted gate valves, mechanical joint and/or single gasket push on type, conforming to
requirements ofthe A WW A Standard C509 and shall be provided with a 2" square operating nut.
Valves shall turn to the left (counterclockwise) to open. All valves shall be provided with O-ring
seals. The design and machining of valves shall be such as to permit replacing the O-ring seals
while in service without undue leakage.
Gate valves for pipe less than 3-inches in diameter shall conform to the requirements of Federal
Specification WW-V-54D for Class A, Type I, and shall be bronze, single wedge, nonrising stem,
inside screw, screwed bonnet, 125 pound S.P., 200 pound W.O.G. with stuffing box repackable
under pressure and all renewable parts. Ends shall be as shown or indicated on the Drawings.
E. Plug Valves
Plug valves shall have hycar or neoprene rubber faced plugs and shall be of eccentric construction
such that the opening movement of the valve results in the plug rising off the seat contact rather
than sliding from its seat. Each operator shall have an external valve position indicator. Valves
shall be made of cast iron, or semisteel equal to ASTM A126, Class B. Body seats of valves 3-
inches and larger shall have a welded in overlay of not less than 90 percent pure nickel on all
surfaces contacting the plug face. Stem bearings shall be of corrosion resistant material. All
exposed bolts, nuts, springs, washers, etc., shall be stainless steel. Port areas for valves 20- inches
and smaller shall be equal to at least 80 percent of the full pipe area. Valves 4-inches and larger
shall have adjustable packing glands and shall be capable ofbeing repacked without the bonnet or
plug being removed from the valve. Valves shall be designed for not less than 150 psi cold water,
oil, or gas working pressure. Valves shall have drip tight shut-off at a bi-directional test pressure
of 100 psi with pressure in either direction. Valves shall be permanently lubricated and shall be
provided with 2-inches square operating nut and extended nut for wrench operation. The
extended nut shall be within 6-inches of the top of the valve box, shall have a port position
indicator and shall indicate direction to open the valve. Operators shall be sized for a minimum of
50 psi differential pressure. All valves shall be as manufactured by DeZurick, Homestead or
approved equaL
F. Check Valves
Swingcheck valves 4-inches and larger shall have a cast iron or cast steel body with a bronze or
stainless steel seat ring, a noncorrosive shaft for attachment of weight and lever and a 300 psi
hydrostatic test pressure rating. Check valves shall absolutely prevent the return of water back
through the valve when the inlet pressure decreases below the delivery pressure. The valve must
be full opening, tight seating and its seat ring shall be renewable and must be securely held in
place by a threaded joint; the valve disc shall be of cast iron or cast steel and shall be sUspended
from a noncorrosive shaft which will pass through a stuffing box. A tapped boss with plug shall
be provided on the check valve bonnet for future use with a pressure gauge. Check valves smaller
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than 4-inches shall be bronze, bronze disc, swing check valves conforming to Federal
Specification WW-V-51E, Type 4 Class A-125 pound.
G. Tapping Sleeves and Valves
Tapping sleeves and tapping valves used to make "wet" taps into existing mains shall be provided
and installed at locations as shown on the Drawings. Tapping sleeves shall be split cast iron units
and rated for 150 psi working pressure. Steel units will not be acceptable. The Contractor shall
determine the outside diameter of the existing main before ordering the sleeve. Valves shall be of
the nonrising stem type with O-ring seals and shall conform to the applicable requirements as
specified above for gate valves.
H. Valve Vaults
Valve vaults shall be ofprecast concrete of the type shown on the Drawings and shall conform to
the applicable requirements of Section 8, Concrete. The cover for the non-traffic bearing vault
shall be constructed of3/16-inch steel floor plate with reinforcement. After fabrication, the steel
covers shall be galvanized by the hot dip method in conformance with the requirements of ASTM
Designation A 123.
1. Valve Boxes
Cast iron valve boxes shall be provided for all valves installed underground which do not have
. extended operators such as is required by the plug valves. The valve boxes shall be adjustable to
fit the designated depth of earth cover over the valve and shall be designed so as to prevent the
transmission of surface loads directly to the valve or piping. Valve boxes shall be 3 piece type and
have an interior diameter of not less than 5-inches. The valve boxes shall be provided with covers
marked with the work "SEWER". The covers shall be so constructed as to prevent tipping or
rattling. Boxes shall be equal to Claw Corporation No. F-2450, or Mueller Company No. H-
10357. Extension sections shall be cast iron.
J. Air Release Valves
Air release valves shall be of the type shown on the Drawings. Galvanized steel pipe shall conform
to the requirements of ASTM Designation A 120, Schedule 40. Gate valves shall conform to the
requirements of Federal Specification WW-V-54D, Type 1, Class A, wedge disc, nonrising stem,
125 psi steam pressure rating.
K. Automatic Air Release Valves
The air release valves shall be APCO, Val Matic or approved equal manufactured for sewage
service. The valves shall be so designed that they will not stick shut or leak water under
continued long operating conditions and to insure opening under high internal pressure. The
design shall incorporate a solids settling chamber or trap and a flushing system by which the trap
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1,~,1
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and the entire valve can be back flushed and cleaned.
L. Concrete
Concrete shall conform to the requirements of Section 8, Concrete.
M. Miscellaneous Items
Other items necessary for the complete installation and not specified herein shall conform to the
details and notes shown on the drawings. All minor items implied, usually included; or required
for the construction of a complete operating system shall be provided for.
llI. GENERAL EXECUTION
A. Laying Pipe
1. Cradle
Upon satisfactory excavation of the pipe trench and completion of the pipe bedding, a
continuous trough for the pipe barrel and recesses for the pipe bells, or couplings, shall be
excavated by hand digging. When the pipe is laid in the prepared trench, true to line and
grade, the pipe barrel shall receive continuous, uniform support and no pressure will be
exerted on the pipe joints from the trench bottom.
2. Foreign Material
The interior of the pipes shall be thoroughly cleaned of all foreign matter before being
gently lowered into the trench and shall be kept clean during laying operations by means of
plugs or other approved methods. During suspension of work for any reason at any time,
a suitable stopper shall be placed in the end of the pipe last laid to prevent mud or other
foreign material from entering the pipe.
3. Gradient
Lines shall be laid straight, and depth of cover shall be maintained uniform with respect to
finish grade, whether grading is completed or proposed at time of pipe installation. When
a grade or slope is shown on the Drawings, batter boards with string line paralleling design
grade, or other previously approved means, shall be used by the Contractor to assure
conformance to required grade.
4. Pipe Joint Deflection
Whenever it is desirable to deflect pipe, the amount of deflection shall not exceed the
maximum limits as shown in A WW A Standard C-600.
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5. Reiects
Any pipe found defective shall be immediately removed and replaced with sound pipe at
the Contractor's expense.
6. PVC
Polyvinyl chloride pipe may be damaged by prolonged exposure to direct sunlight and the
Contractor shall take necessary precautions during storage and installation to avoid this
damage. Pipe shall be stored under cover and sufficient backfill to shield it from the sun
shall be placed as the pipe is installed.
7. Anchors
Concrete thrust blocks shall be placed at all bends, tees, plugs and other fittings to provide
lateral support except when restrained joints are specified. Thrust blocks shall conform to
the details shown on the Drawings and shall be of Class C Concrete.
B. Ductile Iron Pipe Joints
1. ~
The joints of all pipelines shall be made absolutely tight. The particular joint used shall be
approved by the Owner prior to installation. Where shown on plans or where, in the
opinion of the Owner, settlement or vibration is likely to occur, all pipe joints shall be
bolted.
2. Mechanical Joints
All types of mechanical joint pipes shall be laid and jointed in full conformance with
manufacturer's recommendations, which shall be submitted to the Engineer for review and
approval before work is begun. Only skilled workmen shall be permitted to make up
mechanical joints. Torque wrenches set as specified in AWW A Specification C111-72
Appendix A, shall be used; or spanner type wrenches not longer than specified therein may
be used with the permission of the Engineer.
3. Push On Joints
Push on joints shall be made in strict, complete compliance with the manufacturer's
recommendations. Lubricant, if required, shall be an inert, nontoxic, water soluble
compound incapable ofharboring, supporting, or culturing bacterial life. Manufacturer's
recommendations shall be submitted to the Engineer for review and approval before work
is begun.
C. Polyvinyl Chloride Pipe Joints
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6J
1 f'i. ~. ...
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The joints of all pipelines shall be made absolutely tight, and joints in polyvinyl cWoride pipe shall
be made in conformity with the recommendations of the pipe manufacturer. The particular joint .
used shall be approved by the Engineer prior to installation.
D. Installing Valves and Boxes
1. Valves
Valves shall be carefully inspected, opened wide and then tightly closed and the various
nuts and bolts shall be tested for tightness. Special care shall be taken to prevent any
foreign matter from becoming lodged in the valve seat. Valves, unless shown otherwise,
shall be set with their stems vertically above the center line of the pipe. Any valve that
does not operate correctly shall be removed and replaced.
2. Valve Boxes
Valve boxes shall be carefully centered over the operating nuts of the valves so as to
permit a wrench to be fitted easily to the operating nut. In areas to be paved, valve boxes
shall be set to conform to the level of the finished surface and held in position by a ring of
concrete placed under the support flange as shown on the Drawings. The valve box shall
not transmit surface loads to the pipe or valve. Care shall be taken to prevent earth and
other material from entering the valve box. Any valve box which is out of alignment or
whose top does not conform to the finished ground surface shall be dug out and reset.
Before final acceptance of the work all valve boxes shall be adjusted to finish grade.
E. Backfilling
After pipe has been laid, inspected, and found satisfactory, sufficient backfill shall be placed along
the pipe barrel to hold the pipe securely in place during the conduction ofthe preliminary
hydrostatic test. No backfill shall be placed over joints until the preliminary test is satisfactorily
completed, leaving them exposed to view for the detection ofvisible leaks. Upon satisfactory
completion of the preliminary hydrostatic test, backfilling of the trench shall be completed.
F. Concrete Encasement
Class C concrete encasement shall be constructed in accordance with details shown on the
Drawings. Encasement shall be constructed where:
1. The force main will have less than 30-inches of cover over the top of the pipe.
2. The Engineer will order the line encased.
3. Indicated on the drawings.
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The point of beginning and ending of force main encasement shall be not more than 6-inches from
a pipe joint to protect the pipe from cracking due to uneven settlement of its foundation or the
effects of superimposed live loads.
G. Flushing
All force mains shall be flushed to remove all sand and other foreign matter with the velocity of
the flushing water not less than 4-feet per second. Flushing shall be terminated at the direction of
the Engineer. The Contractor shall dispose of the flushing water without causing a nuisance or
property damage.
H. Hydrostatic Tests
1. No testing shall be done until all concrete thrust blocking is in place and set. If
high-early strength concrete is used, testing may be conducted 48 hours after the concrete
is placed; otherwise thrust block concrete must cure 5 days before pressure testing
commences. In testing, the part of the system under test shall be filled with water and
subjected to a sustained pressure of 100 pounds per square inch. While the system is
being filled, air shall be carefully and completely exhausted. Ifpermanent air vents are not
located at all high points, the Contractor shall install corporation stops or fittings and
valves at such points so the air can be expelled as the pipe system is slowly filled with
water.
2. Test pressure shall be maintained by pumping for at least 3 hours and until all
sections under test have been checked for evidence ofleakage. Rate ofloss shall not
exceed that specified in the following paragraph "Allowable Limits for Leakage". Visible
leaks shall be corrected regardless of total leakage shown by test.
3. The system as a whole, or any part, shall be retested after completion of backfilling
when and as directed by the Engineer. Such retest will ordinarily be required.
4. All pumps, gauges and measuring devices shall be furnished, installed and operated
by the Contractor and all such equipment and devices and their installation shall be
approved by the Engineer. All pressure and leakage testing shall be done in the presence
of a representative of the utility system.
1. Allowable Limits for Leakags:
The hydrostatic pressure tests shall be performed to A WW A C-600 standards to +/ - 5 psi as
hereinabove specified and no installation, or section thereof, will be acceptable until the leakage is less
than the number of gallons per hour as determined by the formula:
L = SDpl/2
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63
10 'r'
133,200
in which,
L = Allowable leakage, in gallons per hour
S = Length of pipe tested in feet;
D = Nominal diameter of pipe in inches;
P = Average test pressure during the test; in psi gauge
Water shall be supplied to the main during the test period as required to maintain the test pressure
as specified. The quantity used, which shall be compared to the above allowable quantity, shall be
measured by a 5/8-inch meter, installed on the discharge side of the test pump, or by pumping
from a calibrated container.
J. Pressure and Leakage Test Equipment
All pumps, gauges and measuring devices shall be furnished, installed and operated by the
Contractor and all such equipment and devices and their installation shall be approved by the
Engineer. All pressure and leakage testing shall be done in the presence of a representative of the
utility system as a condition precedent to the approval and acceptance of the system
K Correction of Work
Where leakage exceeds the allowable limit, as specified hereinbefore, the defective pipe or joints
shall be located and repaired. If the defective portions cannot be located, the Contractor shall
remove and reconstruct as much of the work as is necessary in order to conform to the specified
limits. Any visible leaks or any defective pipe or joint shall be repaired or replaced as directed by
the Engineer even though the total leakage is within the specified allowable limits. No additional
payment will be made for the correction of defective work, or to damage to other parts of the
work resulting from such corrective work.
L. Connection to Existing System
All connections to existing mains shall be made to conform with the requirements and under the
direction of the owners of the existing system, and at no cost to the owner of the existing main.
Some connections may require night work when peak flows are not anticipated. The Contractor's
connection schedule shall be approved by the utility owners before any work on the connection is
commenced.
M. Pipe and Casing by Jack and Bore
All pipe to be laid by Jack and Bore shall be accomplished in accordance with the Florida D.O.T.
Specifications and Collier County requirements.
SEC7
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64
SECTION 8 CONCRETE
",,<,
I"'"
I. GENERAL
A. Scope
The work included under this section consists offumishing all materials, forms, transportation and
equipment, and performing all necessary labor to do all the plain and reinforced concrete work
shown on the Drawings, or incidental to the proper execution of the work, or as herein specified.
B. Composition
Concrete shall be composed of cement, fine aggregate, coarse aggregate, and water, so
proportioned and mixed as to produce a plastic workable mixture in accordance with all
requirements under this section suitable to the specific conditions of placement.
C. Materials
1. Cement
Cement for all concrete shall be domestic Portland cement that conforms to the
requirements of ASTM C 150, latest revision. Type II cement shall be used in the
construction of sanitary sewer manholes, wet wells and pump stations.
2. Aggregate
Aggregates shall conform to ASTM C 33, latest revision.
3. .water
Water shall be taken from a potable water supply and shall be fresh, clean and free from
injurious amounts of oil, acid, alkali or organic matter.
D. Classification and Strength of Concrete
1. Class and strength requirements for concrete shall be as tabulated below. Unless
otherwise specified, Class B concrete shall be used.
2. Strength Requirements
Concrete class and strength shall meet the minimum compressive strength requirements.
The compressive strengths shall be as determined by standard laboratory cylinders tests in
accordance with the procedure set forth in ASTM C 31 and C 39, latest revisions.
66
1n t".
Compressive Strength In Pounds Per Square Inch
Class
Design
A
B
C
4000
3000
2500
E. Field Control and Testing
1. General
The quality of the concrete as to conformance to the specifications is the entire
responsibility ofthe Contractor until it is accepted in place in the structure and verified by
the final cylinder tests made by the laboratory as selected by the Owner. These cylinders
shall be in accordance with the procedure set forth in ASTM C 172, latest revision.
2. Reports
~-'I
Proper reports of all tests performed by the laboratory will be prepared by the laboratory
and submitted promptly to the Engineer. Such reports shaU be properly labeled so as to
identify the portions of the project into which the materials have been placed.
F.
Concrete Placement
The concrete shall be ready-mixed and shall conform to the applicable requirements of
ASTM C 94.
G. Contractor's Responsibilities
The Contractor is fully responsible for all concrete and concrete work and finishes. The
Contractor shall abide by the Statement of Responsibilities as set out by The National Ready Mix
Concrete Association and the Associated General Contractors of America.
SEC8
67
SECTION 9 GEOWEB LOAD SUPPORT SYSTEM
I. GENERAL
A. Scope
1. The work covered by this section includes the furnishing of all labor, materials,
equipment and incidentals for construction and installation of the Geoweb@ Load
Support System, as shown on the Construction Drawings and described by the
Contract documents.
B. Materials
1. Geoweb Cellular Confinement System
1.1 Manufacturer and Availability:
The Geoweb Cellular Confinement System shall be manufactured by
Presto Products Company - Geosystems Products
A Business of Alcoa
PO Box 2399, 670 N Perkins Street
Appleton, WI 54912-2399
Ph: 920-738-1118
Fax: 920-738-1222
E-mail: info@prestogeo.com
Website: www.prestogeo.com
Supplied Locally by
R. H. Moore & Associates, Inc,
800-330-2333
1.2 Geoweb Cellular Confinement System
The Geoweb@ system consists ofan assembly of fully surface-textured H.D.P.E.
sheet strips connected in series, using full-depth ultrasonic spot-welded seams,
aligned perpendicular to the longitudinal axis of the strips. When expanded, the
interconnected strips form the walls of a flexible, three-dimensional cellular
confinement structure into which the specified infill materials can be placed. The
system can include:
Geoweb@ geocells
Temporary Stake Anchors
Composite Sub-drains
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68
" f''\
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Cell Infill Material
Pavement Surface Materials
Pavement Subbase Material
2. Geoweb Materials - Composition and Properties
2.1 Geoweb@ Base Material
Polyethylene used to make strips for Geoweb@ sections shall have a density of
0.935 - 0.965 g/cm3 (58.4 - 60.21b/cu.ft) tested per ASTM D1505.
Polyethylene used to make strips for Geoweb@ sections shall have an
Environmental Stress Crack Resistance (ESCR) of3000 hour tested per ASTM
D 1693.
The resin manufacturer's certification ofpolyethylene density and ESCR shall be
available upon request from Presto.
Carbon black shall be used for ultra-violet light stabilization. Carbon black content
shall be 1.5% - 2% by weight through the addition of a carrier with a certified
carbon black content. The carbon black shall be homogeneously distributed
throughout the material.
Presto shall certifY the percentage of carbon black.
2.2 Strip Properties
Strips used to make Geoweb@ sections shall have a sheet thickness, of 1.27 mID -
5% +10% (50 mil-5% +10%) tested per ASTM D5199. Thickness shall be
determined in the :flat, before anysurface texturing or other surface disruption.
Perforations shall be such that the peak friction angle between the surface of the
perforated plastic and a #40 silica sand at 100% relative density shall be no less
than 85% ofthe peak friction angle of the silica sand in isolation when tested by
the direct shear method per ASTM D 5321. The quantity of perforations shall
remove 19.6%::1:: 3% of the cell wall area.
2.3 Cell Seam Peel Strength Test
Cell seam strength shall be uniform over the full depth of the cell. Minimum seam
peel strengths shall be: 2840 N (640 lbf) for the 200 nun (8.0 in) depth cell, 2130
N (480 lbf) for the 150 nun (6.0 in) depth cell, 1420 N (320 lbf) for the 100 nun
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69
(4.0 in) depth cell, 1060 N (240 lbf) for the 75 mID (3.0 in) depth celL Short-term
peel strength shall be tested per Section D.
Seam hang-strength test shall be performed on all resin or pre-manufactured sheet
or strips for a period of 168 hours (7 days) minimum in a temperature-controlled
environment that undergoes change on a 1-hour cycle from room temperature to
540C (1300F). Room temperature is defined in ASTM E41. Long-term peel
strength shall be tested per Section E.
2.4 Geoweb Dimensions
The Geoweb@ sections shall be fabricated using strips of sheet polyethylene each
having a length of3.61 m (11.8 ft). Polyethylene strips shall be connected using
full-depth, ultrasonic spot-welds aligned perpendicular to the longitudinal axis of
the strip. Weld spacing shall be 356 mID::!: 2.5 mID (14 in::!: 0.10 in). The ultrasonic
weld melt-pool width shall not exceed 25 mID (1.0 in).
The Geoweb@ sections shall be "GW20V6WWLL" sections. "6" indicates the cell
depth in inches, "WW" and "LL" indicate the expanded section width and length in
number of cells.
The area of expanded cells shall be 289 sq. cm (44.8 sq. in).
Geoweb@ sections for load support construction shall have the following ranges of
expanded dimensions.
Sections
GW20V61025
Expanded Dimensions
Minimum - 2.8 m wide x 5.1 m
long (9.2 ft x 16.7 ft)
Maximum - 2.3 m wide x 6.1 m
long (7.7 ft x 20.1 ft)
NominalArea- 14.5
m2 (156 ft2)
3. Geosynthetic Components
3.1 Geotextiles
The bottom geosynthetic layer shall consist ofMirafi 160N nonwoven geotextile.
3.2 Stake Anchors
Geoweb@ sections may be temporarily anchored with ATRA@ anchors or J-hook
stakes prior to placing the infill material. The stake layout shall be as required to shape
the Geoweb@ sections to the specified dimensions. The stake diameter and length
shall be suitable to hold the Geoweb@ sections in tension for the given foundation soil
conditions.
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10 [-
c.
3.4 Infill Material
The Geoweb@ system in.fi11 shall be a mixture of sand/topsoil. Typically, onsite soil
can be used if approved by project engineer. Infill needs to be able to support the
establishment of vegetation.
The vegetation shall consist of sod (type chosen by project manager)
4. Submittals
Submit shop drawings.
Submit product data, drawings and samples.
Submit current product quality assurance test data and independent laboratory test
results indicating compliance with specified performance. No material will be
considered as an equivalent to the Geoweb@ material unless it meets all areas of
this section without exception. Manufacturers seeking to supply what they call
equivalent material must submit records, data, independent test results, samples,
certifications, and documentation deemed necessary by the Engineer to prove
equivalency. The Engineer will approve or disapprove other manufacturers
materials within 60 days after all submitted information is studied and tested.
5. Quality Assurance and Certification
Product manufacturers shall provide certification of compliance with all applicable
testing procedures and related specifications upon written request. Request for
certification shall be submitted by the purchasing agency no later than the date of
order placement.
Product manufacturers shall also have a minimum of5 years experience producing
products for Load Support Systems.
6. Warranty
Presto shall warrant each Geoweb@ cellular confinement system section which it
ships to be free from defects in materials and workmanship at the time of
manufacture. Presto's exclusive liability under this warranty or otherwise will be to
furnish without charge to the manufacturer's customer at the original f.o.b. point a
replacement for any section which proves to be defective under normal use and
service during the 10-year period which begins on the date of shipment by the
manufacturer. Presto reserves the right to inspect any allegedly defective section in
order to verify the defect and ascertain its cause.
This warranty shall not cover defects attributable to causes or occurrences beyond
Presto's control and unrelated to the manufacturing process, including, but not
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limited to, aQuse, misuse, neglect, improper storage, improper installation,
improper alteration or improper application.
Presto makes no other warranties, express or implied, written or oral, including,
but not limited to, any warranties or merchantability or fitness for any particular
purpose, in connection with the Geoweb@ cellular confinement system In no
event shall Presto be liable for special, indirect, incidental or consequential
damages for the breach of any express or implied warranty or for any other reason,
including negligence, in connection with the Geoweb@ cellular confinement
system.
7. On-site Manufacturer's Representative
Presto shall provide a qualified representative on site at the start of construction to
ensure that the contractor installs the Geoweb@ system in accordance with the
contract drawings and specifications. The representative shall have at least 5 years
experience installing Geoweb@ load support systems and have installed a minimum
of50,000 :rrr (500,000 fF) ofGeoweb@ material.
8. ISO Certification
Presto Products Company shall have earned a certificate ofregistration, which
demonstrates that its quality-management system for its Geoweb@ cellular
confinement system is currently registered to the ISO 9002 quality standards.
The scope of ISO 9002 registration shall be for the entire Geoweb@ cellular
confinement system product manufacturing process from incoming raw materials
(resin) to finished product. Earned registration shall be verifiable by providing a
copy of the current continuous registration certificate upon the customer's written
request.
Under the scope of the ISO quality standard, Presto Products Company shall
compile, keep record of, and provide for each customer order or production lot,
actual and certified values for the following:
1. Resin Lot Number
2. Resin Density
3. Carbon Black content (where applicable)
4. Sheet Thickness
5. Short-term Seam Peel Strength
6. Long-term Seam Peel Strength - 7-day hot box method
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1
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9. 1O,000-hour Seam Peel Strength Certification
Presto Products Company shall provide data showing that the high-density
polyethylene resin used to produce the Geoweb@ sections has been tested using an
appropriate number of seam samples and varying loads to generate data indicating
that the seam peel strength shall survive a loading 0 f at least 95 kg (209 lbf) for a
minimum of 1 0,000 hours.
10. Materials Handling and Storage
The contractor shall check all materials delivered to the site to ensure that the
correct materials have been received.
Materials shall be stored on site in a manner that ensures that no damage occurs to
any of the materials. Damaged materials shall be replaced at the Contractor's
expense.
11. Substitutions
No material will be considered as an equivalent to the geocell material specified
herein unless it meets all areas of this specification without exception.
Manufacturers seeking to supply what they represent as equivalent material must
submit records, data, independent test results, samples, certifications, and
documentation deemed necessary by the Engineer to prove equivalency. The
Engineer shall approve or disapprove other manufacturers materials within 60 days
after all submitted information is studied and tested.
C. Construction Requirements
1. Examination
VerifY that site conditions are as indicated on the Construction Drawings.
Verify that layout of the proposed work is in accordance with the Construction
Drawings.
Verify that all required materials delivered to the site comply with the Contract
Specifications.
2. Site Preparation
The subgrade shall be grubbed and cleared of all trees, brush and root matter.
Subgrade soils shall be excavated or graded to the lines and grades shown on the
Construction Drawings. The upper.3 m (1 ft) of the subgrade shall be compacted
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1.
to a minimum of95% Standard Proctor Dry Density (SPDD) or as specified by the
Engineer.
Where subgrade soils are encountered that are weaker than the assumed design
strength, the contractor shall excavate the affected areas and replace the excavated
material with suitable fill under the direction of the Engineer.
3. Geotextile Installation
The geotextile shall be rolled out over the prepared subgrade along the alignment
of the road structure. The geotextile shall be pulled taut to ensure that there are no
fo Ids.
Geotextile overlaps shall be as directed by the Engineer, or as indicated on the
following table.
Soil Strcngth(CBR)
1
1-2
2-3
3
Overlap (Not Scwn)mm (in)
1200 (48)
900 (36)
750 (30)
600 (24)
Overlap (Sewn) mm (in)
225 (9)
125 (6)
75 (3)
4. Placement of Pavement Subbase
Subbase aggregate shall be placed in lifts not exceeding 200 mm (8 in) and
compacted to a minimum of95% SPDD or as specified by the Engineer. The
thickness of subbase and base aggregate layers, after compaction, shall be as
indicated on the Construction Drawings.
5. Geoweb Installation
The Geoweb@ sections shall be placed directly on the prepared subgrade or
subbase and infilled with the specified infill material. The Geoweb@ section
thickness shall be as indicated on the Construction Drawings.
The Geoweb@ sections shall be expanded into position at the grades and lines
shown on the Construction Drawings. The orientation of expanded sections shall
be as indicated on the Construction Drawings. Individual Geoweb@ sections can
be held in their expanded positions with steel stakes driven inside selected outer
cell walls prior to filling or other suitable methods. Stretcher frames may be used
when dimensional tolerances are required. When properly expanded, the typical
plan dimensions of individual cells should measure between 224 mm (8.8 in) long
by 259 mID (10.2 in) wide (nominal:f: 10%).
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10 (]
The edges of adjacent Geoweb@ sections shall be inter-leafed or butt-jointed
according to which side-wall profiles abut. In all cases, the upper surfaces of
adjoining Geoweb@ sections shall be flush at the joint. Inter-leaf side connections
between expanded Geoweb@sections. Welded edge seams should be overlapped
and aligned when stapling. Abut end connections between Geoweb@ sections. The
longitudinal centerlines of abutting external cells should be aligned and stapled at
the cell wall contact point.
Adjoining sections shall be stapled together using a Stanley Bostitch P50-l0B
pneumatic stapler using 1/2 inch SBI03020 wire staples (or other approved stapler
and staples).
Refer to Presto's standard drawings for additional details regarding panel
connections.
The Geoweb@ sections shall be anchored in position prior to placing infill material
by using either temporary stakes, by hand placement ofinfill material into the
corner cells, or by other suitable methods.
At catch basins, utilities, or other obstructions, the Geoweb@ sections shall be
stretched into position and cut around the perimeter of the obstruction to allow the
Geoweb@ sections to slip over the obstruction and placed flat on the prepared
surface.
6. Placement ofInfill Soil
The specified infill material shall be placed into the expanded cells with equipment
appropriate for the site conditions such as a backhoe or a front-end loader. The
maximum drop height into the cells shall be limited to a maximum of 1 m (3 ft) to
avoid damage or displacement of the cell walls.
7. SandfTopsoil Mix
Overfill the cells and level to a minimum 50 mm (2 in) above the top of the cells
walls. A front-end loader may be used to place the infi11 provided that it only
traffics above Geoweb@ sections that have been filled and covered with the
minimum 50 mm (2 in) of additional material. The infill material shall be
compacted to a minimum density of95% Standard Proctor Dry Density and the
surface graded to the minimum specified height of compacted overfill material.
This may be accomplished by back-blading with a straight edged loader bucket. A
tolerance of plus or minus 12.5 mm (1/2 in) is acceptable. The infill material shall
be vegetated as specified.
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D. Short-Term Seam Strength Test Procedure
1. Frequency of Test
.
The short-term seam peel strength test (referred to as the 'test' in this section)
shall be performed on a geoceU section randomly taken directly from the
production line each two hours.
2. Test Sample Preparation
Randomly select 10 welds within the geocell section to be tested. Cut the strips
defining those welds from the section such that the cut is 10 cm (4 in) on both
sides of the weld and perpendicular to the weld. End and internal welds require 4
cuts. Edge welds require 2 cuts. Prior to testing, the test samples shall have air
cool for a minimum ono minutes from the time the selected geocell section was
manufactured.
3. Short-term Seam Peel Strength Test
The apparatus used for testing the short-term seam peel strength shall be of such
configuration that the jaws ofthe clamp shall not over stress the sample during the
test period. The sample to be tested shall be loaded such that the load applied shall
produce a peeling action on the seam Load shall be applied at a rate of300 mm
(12 in) per minute and be applied for adequate time to determine the maximum
load. The date, time and load shall be recorded.
Short-term seam peel strength shall be defined as the maximum load applied to the
test sample. Minimum required short-term seam peel strength shall be:
1. 2840 N (640 lbf) for the 200 mID (8 in) depth cell.
2. 2130 N (480 lbf) for the 150 mID (6 in) depth cell.
3. 1420 N (320 lbf) for the 100 mID (4 in) depth cell.
4. 1060 N (240 lbf) for the 75 mID (3 in) depth cell.
4. Definition of Pass / Failure
Two methods shall be used to determine acceptability ofthe manufactured geocell
sections. The successful passing of the short-term seam peel test shall not be used
to determine acceptable ofthe polyethylene for use in manufacturing of the geocell
sections. Acceptability ofthe polyethylene shall be determined through tests
conducted in Section E.
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5. The Tested Value
Ifmore than one of the tested seam samples fails to meet the minimum peel
strength, all sections manufactured after the previously successful test shall be
rejected.
If all tested seam samples meet the minimum peel strength, all geocell sections
manufactured since the last successful test shall be considered to have passed the
tes 1.
When one of the tested seam samples fails to meet the minimum peel strength,
another 10 samples shall be randomly selected and cut from the previously selected
section. Ifmore than one of these samples fails, all sections manufactured after the
previously successful test shall be rejected. Otherwise, all geocell sections
manufactured since the last successful test shall be considered to have passed the
test.
6. Visual Failure Mode
After each sample is tested, the seam shall be examined to determine the failure
mode. Two failure modes are possible.
1. Material failure within and adjacent to the weld indicated by material strain and
2. Weld failure resulting in complete separation of the seam and shows little or no
material strain.
Upon examination, when the failure mode results in complete separation of the seam
and indicates little or no material strain, product manufactured shall be rejected.
E. Long-Term Seam Strength Test Procedure
1. Frequency of Test
The long-term seam peel-strength test (referred to as the 'test' in this section) shall
be performed:
1. on each new resin lot number if the geocell manufacturer extrudes the sheet or
strip used to produce the geocell material.
2. on each new order of sheet and/or strip if the geocell manufacturer does not
extrude the sheet and/or strip used to produce the geocell material.
2. Test Sample Preparation
A test sample shall be made using four ofthe strips meeting all aspects of
the material portion of this specification. The four strips are to be welded
together using a warm welder producing a 2-celllong section of geocell
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product. The 2-cell section ofgeocell shall have 3 rows of welds
connecting the four strips. The rows of welds are to be labeled A, B and C.
The individual welds within each row shall be numbered consecutively from
left to right starting with the number 1 (one). The test sample shall air cool
for a minimum of30 minutes.
Randomly select 10 welds from within the test sample. Cut the strips
defining those welds such that the cut is 10 cm (4 in) on both sides ofthe
weld and perpendicular to the weld. End and internal welds require 4 cuts.
Edge welds require 2 cuts. These samples shall be cut to a width of 10 cm
(4 in). Properly identify each weld using the row letter and weld number.
These samples are now ready to be tested.
3. Long-term Seam Peel Strength Test
The long-term seam peel-strength test shall take place within an environmentally
controlled chamber that undergoes temperature change on a I-hour cycle from
room temperature to 540C (1300F). Room temperature shall be defined per ASTM
E41.
Within the environmentally controlled chamber, one of the ends of the samples (10
samples in total) shall be secured to a stationary upper clamp. The jaws ofthe
clamp shall be of such configuration that the grip does not over stress the sample
during the test period. The sample shall be secured so that its axis is vertical and
the welds being tested are horizontal as the sample hangs within the
environmentally controlled chamber. The sample to be tested shall be loaded such
that the load applied shall produce a peeling action on the seam
A weight of 72.5 kg (160 Ib) shall be lifted via a hoist or lift platform and attached
to the free lower end, ofthe sample. The weight shall be lowered in a way so that
no impact load occurs on the sample being tested. The weight shall be sufficient
distance from the floor ofthe chamber so that the weight will not touch the floor
of the chamber as the sample undergoes creep during the test period. The date and
hour the weight is applied shall be recorded.
The temperature cycle shall commence immediately within the environmentally
controlled chamber. The test period for the applied load shall be 168 hours.
4. Definition of Pass / Failure
Ifany of the 10 seams fail prior to the end ofthe I 68-hour (7-day) period, the date
and hour of the failure shall be recorded and the polyethylene resin and strip
material shall be considered unsuitable for geocell manufacturing.
SEC9
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SECTION 10 WIRE MESH GABIONS AND MATTRESSES
I. GENERAL
A. Scope
1. This work shall consist of furnishing, assembling, and filling woven wire mesh
gabions and Reno mattresses with rock as specified in the contract to the
dimensions, lines and grades shown on the plans, or as determined by the engineer.
These specifications are in accordance with ASTM A975-97 and include gabions
as manufactured by Maccaferri Gabions, Inc. and as supplied in Florida by R. H.
Moore & Associates, Inc. 1-800-330-2333 or 813-988-0200, or equal
B. Materials
1. Woven Mesh Gabions and Reno Mattresses
1.1 Wire :
All test on the wire mesh must be performed prior to manufacturing the mesh.
Tensile strength: both the wire used for the manufacture of gabions and the lacing wire,
shall have a tensile strength of 54,000 to 70,000 psi (38-48 kg/mm2), in accordance with
ASTM A641-97.
Elongation: the test must be carried out on a sample at least 12 in. (30 cm) long.
Elongation shall not be less than 12%, in accordance with ASTM A370-92.
Zinc coating: minimum quantities ofzinc according to ASTM A641-97, Class III soft
temper coating.
Adhesion ofzinc coating: the adhesion of the zinc coating to the wire shall be such
that, when the wire is wrapped six. turns around a mandrel having four times the
diameter ofthe wire, itdoes not flake or crack when rubbing it with the bare fingers,
in accordance with ASTM A641-97.
1.2 PVC (Polyvinyl Chloride) Coating
Specific gravity: 81-84 pcf(I.30-1.35 kg/dm3,) in accordance with ASTM D792, Table
1;
Hardness: between 50 and 60 Shore D, according to ASTM D 2240;
Tensile strength: not less than 2,985 psi (20.6 MPa), according to ASTM D412-92;
Modulus of elasticity: not less than 2,700 psi (18.6 MPa), according to ASTM 0412-
92;
Abrasion resistance: the percentage of the weight loss shall be less than 12%, according
to ASTM D1242-92.
Creeping corrosion: max. penetration of corrosion of the wire from a square cut end
shall be less than 1 in. (25 nun) when the specimen has been immersed for 2,000 hrs in a
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\1
'!1'j.,
5% solution HCl (hydrochloric acid 12 Be).
The accelerated aging tests are:
Salt svray test: test period 3,000 hours, test method ASTM Bl17-94;
Exvosure to UV rays: test period 3,000 hours at 1450F (630C), test method ASTM
D1499-92a and ASTM G23-93 apparatus Type E;
Brittleness temverature: no higher than 150F (- 90C), or lower temperature when
specified by the purchaser, when tested in accordance with ASTM D746.
The properties after aging tests shall be as follows:
Avpearance of coated mesh: no cracking, stripping or air bubbles, and no
appreciable variation in color;
Svecific Gravity: variations shall not exceed 6%;
Hardness: variations shall not exceed 10%;
Tensile strength: variations shall not exceed 25%;
Modulus of elasticity: variations shall not exceed 25%;
Abrasion resistance: variations shall not exceed 10%;
Brittleness temperature: shall not exceed + 640F (+180C);
1.3 Galvanized and PVC coated wire mesh gabions (8 x 10 mesh type):
PVC coating thickness: Nominal- 0.02 in (0.5 mm), Minimum- 0.015 in (0.38 mm)
Mesh Wire: Diameter - 0.106" (2.70 mm) internal, 0.146" (3.70 mm) external
Selvedge Wire: Diameter - 0.134" (3.40 mm) internal, 0.174" (4.40 mm) external
Mesh Opening: Nominal Dimension D = 3.25 inches, as per Fig. 1.
1.4 Galvanized and PVC coated wire mesh Reno mattresses (6 x 8 mesh type):
PVC coating thickness: Nominal- 0.02 in (0.5 mm), Minimum- 0.015 in (0.38 mm)
Mesh Wire: Diameter - 0.087" (2.20 mm) internal, 0.127" (3.20 mm) external
Selvedge Wire: Diameter- 0.106" (2.70 mm) internal, 0.146" (3.70 mm) external
Mesh Opening: Nominal Dimension D 2.5 inches as per Fig.1.
1.5 Galvanized and PVC coated lacing wire and internal stiffeners:
PVC coating thickness: Nominal- 0.02 in (0.5 mm), Minimum- 0.015 in (0.38 mm)
Lacing wire: Diameter - 0.087" (2.20 mm) internal, 0.127" (3.20 mm) external
Stiffener wire: Diameter - 0.087" (2.20 mm) internal, 0.127" (3.20 mm) external
1.6 Spenax Fasteners (Overlapping Fasteners):
Overlapping stainless steel fasteners may be used in lieu of lacing wire for basket
assembly and installation. The spacing ofthe fasteners during all phases of assembly and
installation shall be in accordance with spacing based on 1,200 lbs. pull apart resistance
for PVC coated mesh and with a nominal spacing of 4 inches (100 mm), and not to
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exceed 6 inches (150 mm).
Stainless steel Fasteners: diameter: 0.120 inch (3.05 mm), according to ASTM A313,
Type 302, Class I. Tensile strength: 222,000 to 253,000 psi (156 - 178 kg/mm2) in
accordance with ASTM A313-92.
Proper installation of rings: A properly formed Spenax fastener shall have a nominal
overlap of one (1) inch after closure (Fig. 2).
2. Tolerances
Wire: Zinc coating, in accordance with ASTM A641-97, Class III soft temper
coating.
Gabions: :f: 5 % on the length, width, and height.
Reno Mattresses: :f: 5 % on the length, width, and 10% on the height.
Mesh opening: Tolerances on the hexagonal, double twisted wire mesh opening shall
not exceed:f: 10% on the nominal dimension D values (see Fig.l):
Mesh Type Nominal Dimension D
8 x 10 3.25 in. (83 mm)
6 x 8 2.50 in. (64 mm)
Fig.
Fig.
1
Close
Open
01" n
Normal overlap
of one (1) inch
after closure
I'" 1,75 .. I
3. Fabrication
3.1 Gabions shall be manufactured with all components mechanically connected at the
production facility. The front, base, back and lid of the gabions shall be woven into a
single unit. The ends and diaphragm(s) shall be factory connected to the base. The lid
may be a separate piece made of the same type mesh as the basket. All perimeter edges
of the mesh forming the basket and top, or lid, shall be selvedged with wire having a
larger diameter. The gabion is divided into cells by means of diaphragms positioned at
approximately 3 ft centers. The diaphragms shall be secured in position to the base so
that no additiona1lacing is necessary at the jobsite.
3.2 Reno mattresses shall be manufactured with all components mechanically connected at
the production facility with the exception of the mattress lid, which is produced
separately from the base. The ends and diaphragm(s) shall be formed in conjunction
with the base. The lid shall be a separate piece made of the same type mesh as the
basket. All perimeter edges of the mesh forming the basket and top, or lid, shall be
selvedged with wire having a larger diarrieter. The Reno mattress is uniformly
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partitioned into internal cells. The diaphragms shall be secured in position to the base so
that no additional tying is necessary at the job site
4. Rock
4.1 The rock for gabions shall be hard, angular to round, durable and of such quality that
they shall not disintegrate on exposure to water or weathering during the life of the
structure. Gabion rocks shall range between 4 inches (0.10 m) and 8 inches (0.20 m).
The range in sizes shall allow for a variation of 5% oversize and/or 5% undersize rock,
provided it is not placed on the gabion exposed surface. The size shall be such that a
minimum of three layers of rock must be achieved when filling the gabions.
4.2 The rock for lteno mattresses shall be hard, angular to round, durable and of such
quality that they shall not disintegrate on exposure to water or weathering during
the life ofthe structure. Mattress rocks shall range between 3 inches (0.08 m) and 6
inches (0.15 m). The range in sizes may allow for a variation of 5% oversize and/or
5% undersize rock, provided it is not placed on the gabion exposed surface. The
size shall be such that a minimum of two layers of rock must be achieved when
filling the mattress.
C. Construction Requirements
1. Gabions
1.1 Assembly
Gabions are supplied folded flat and packed in bundles. Larger units may be supplied in
rolls. The units are assembled individually by erecting the sides, ends, and diaphragms,
ensuring that all panels are in the correct position, and the tops of all sides are
satisfactorily aligned. The four comers shall be connected first, followed by the internal
diaphragms to the outside walls. All connections should use lacing wire or fasteners as
previously described in Section B.1.3 and Section B.1.5. The procedure for using
lacing wire consists of cutting a sufficient length of wire, and first looping and/or
twisting the lacing wire to the wire mesh. Proceed to lace with alternating double and
single loops through every mesh opening approximately every 6 inches (150 mm),
pulling each loop tight and finally securing the end of the lacing wire to the wire mesh
by looping and/or twisting. The use offasteners shall be done in accordance with the
manufacturer's recommendations as specified in Section B.1.6.
1.2 Installation
After initial assembly, the gabions are carried to their final position and are securely
joined together along the vertical and top edges of their contact surfaces using the
same connecting procedure( s) described in Section C.l.l. Whenever a structure
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requires more than one layer, the upper empty baskets shall also be connected to the
top ofthe lower layer along the front and back edges of the contact surface using the
same connecting procedure(s) descnbed in Section C.l.l.
1.3 Filling
Gabions shall be filled with rock as specified in Section B.4.1. During the filling
operation some manual stone placement is required to minimize voids. The exposed
faces of vertical structures may be carefully hand placed to give a neat, flat, and
compact appearance. Care shall be taken when placing fill material to assure that the
sheathing on the PVC coated baskets will not be damaged. The cells shall be filled in
stages so that local deformation may be avoided. That is, at no time shall any cell be
filled to a depth exceeding 1-foot (0.30 m) higher than the adjoining cell. It is also
recommended to slightly overfill the baskets to allow for settlement of the rock. Behind
gab ion walls, compact the backfill material simultaneously to the same level as the filled
gabions.
1.4 Internal Connecting Wires
Internal connecting wires should be used when a structure requires layers of gabions to
be stacked on top of each other. Internal Connecting Wires shall connect the exposed
face of a cell to the opposite side ofthe cell. An exposed face is any side of a gabion
cell that will be exposed or unsupported after the structure is completed. Lacing wire or
prefabricated internal connecting wires may be used.
1.4,1 3 Feet High Gabions
3 feet high gabions shall be filled in three layers, 1-foot at a time. Connecting wires
shall be installed after the placement of each layer, that is, at 1-foot high and 2 feet high.
1.4.2 1.5 Feet High Gabions
1.5 feet high gabions do not require connecting wires unless the baskets are used to
build vertical structures. In some cases, these units shall be filled in two layers, 9 inches
at a time. Connecting wires shall be installed after the placement ofthe first layer, wlllch
is at 9 inches high.
1.5 Lid Closing
Once the gabion baskets are completely full, the lids will be pulled tight until the lid
meets the perimeter edges of the basket. The lid must then be tightly laced and/or
fastened along all edges, ends and tops of diaphragm( s) in the same manner as descnbed
in Section C. 1. I.
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1.6 Mesh cutting and folding
Where shown on the drawings or otherwise directed by the engineer, the gabions shall
be cut, folded and fastened together to suit existing site conditions. The mesh must be
cleanly cut and surplus mesh either folded back or overlapped so that it can be securely
fastened together with lacing wire or fasteners in the manner described in Section C.1.1.
Any reshaped gabions shall be assembled, installed, filled and closed as specified in the
previous sections.
2. Reno Mattresses
2.1 }\ssembly
Reno mattresses are supplied folded flat and packed in bundles. The units shall be
assembled individually by erecting the sides, ends, and diaphragms ensuring that all
panels are in the correct position. }\ll connections should be accomplished using lacing
wire or fasteners as previously described in Section B.IA and Section B.I.5. The
procedure for using lacing wire consists of cutting a sufficient length of wire, and first
looping and/or twisting the lacing wire to the wire mesh. Proceed to lace with
alternating double and single loops through every mesh opening approximately every 6
inches (150 mm) pulling each loop tight and finally securing the end of the lacing wire
to the wire mesh by looping and/or twisting. The use of fasteners shall be done in
accordance with the manufacturer's recommendations as specified in Section B.I.6.
22 Installation
After initial assembly, the Reno mattresses are carried to their final position and are
securely joined together along the vertical and top edges oftheir contact surfaces using
the same connecting procedure(s) described in Section C.2.I.
2.3 Filling
Mattresses shall be filled with rock as specified in Section BA.2. During the filling
operation some manual stone placement is required to minimize voids. It is also
recommended to slightly overfill the baskets to allow for settlement and so that the
Reno mattress lid fits tight over the rock. Care shall be taken when placing fill material
to assure that the sheathing on the PVC coated baskets will not be damaged.
204 Lid Closing
Once the Reno mattresses are completely full, the lids will be pulled tight until the lid
meets the perimeter edges of the basket. The lid must then be tightly laced and/or
fastened along all edges, ends and tops of diaphragm( s) in the same manner as descnbed
in Section C.2.l.
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2.5 Mesh cutting and folding
Where shown on the drawings or otherwise directed by the engineer, the basket mesh
shall be cut, folded and fastened together to suit existing site conditions. The mesh must
be Cleanly cut and the surplus mesh folded back and neatly wired to an adjacent mattress
face. The cut edges of the mesh shall be securely fastened together with lacing wire or
fasteners in the manner described in Section C.2.I. Any reshaped mattress shall be
assembled, installed, filled and dosed as specified in the previous sections.
SEC 1 0
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SECTION 11 MEASUREMENT AND PAYMENT
I. GENERAL
A Scope
The Contractor shall receive and accept the compensation provided in the Proposal
and the Contract as. full payment for furnishing all materials, labor, tools and
equipment, for performing all operations necessary to complete the work under the
Contract, and also in full payment for all loss or damages arising from the nature of
'the work, or from any discrepancy between the actual quantities of work and
quantities herein estimated by the Engineer, or from the action of the elements or from
any unforeseen difficulties which may be encountered during the prosecution of the
work until the final acceptance by the Owner.
The prices stated in the proposal include all costs and expenses for taxes, labor,
equipment, materials, commissions, transportation charges and expenses, patent fees
and royalties, labor for handling materials during inspection, together with any and all
other costs and expenses for performing and completing the work as shown on the
plans and specified herein. The basis of payment for an item at the unit price shown in
the proposal shall be in accordance with the description of that item in this Section.
The Contractor's attention is again called to the fact that the quotations for the
various items of work are intended to establish a total price for completing the work
in its entirety. Should the Contractor feel that the cost for any item of work has not
been established by the Bid Form or Basis of Payment, he shall include the cost for
that work in some other applicable bid item, so that his proposal for the project does
reflect his total price for completing the work in its entirety.
B. Types
The quantities for payment under this Contract shall be determined by actual
measurement of the completed items, in place, ready for service and accepted by
the Owner, in accordance with the applicable method of measurement contained
herein. A representative of the Contractor shall witness all field measurements.
C. Bid Schedule Items Corresponding to Table A (Bid Proposal Option A.) and
Table B (Bid Proposal. Option B)
Item 1 - Maintenance of Traffic
Measurement for payment ofthe above item will be by lump sum.
Payment for this item will be made at the lump sum contract unit price,
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85
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which price and payment shall be full compensation for all materials, labor,
mobilization, signs, barricades, and all other work and incidental items
required to maintain traffic flow through the construction zones in
accordance with the FDOT and Collier County right-of-way permit
requirements.
Item 2 - Mobilization
Measurement for payment of the above item will be by lump sum.
Payment for this item will be made at the contract unit price bid per lump
sum..
Item 3 - Provide Construction Survey Layout
Measurement for payment ofthe above item will be by lump sum..
Payment for construction survey layout will be made at the lump sum
contract unit price, which price and payment shall be full compensation for
all materials, labor, professional surveyor's fees, and all other work and
incidental items required to perform construction layout.
Item 4 - Clearing and Grubbing:
Measurement and payment of the above item will be based upon the
number of acres of area cleared and grubbed.
Payment for clearing and grubbing will be made at the contract unit price
per acre which price and payment shall be full compensation for all
material, labor, hauling and disposing and all other work and incidental
items required to properly remove existing culverts, pavement, driveways,
structures, rip-rap, debris and vegetation from the area of pro posed
construction.
Item 5 - Channel Excavation
Measurement and payment ofthe above item will be based upon the
number of cubic yard of material excavated.
The quantity for payment shall be field measured in its original position as
determined by the Engineer and agreed upon by the Owner's representative
and the Contractor. Payment for this shall be full compensation for all
materials and labor necessary to complete the excavation, accepted and
K:\7599 Lely Outfall Basin\Correspondences\Documents\Phase I Specifications\Exlubit J Section II Measurement and Payment.doc
86
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approved by the Engineer, including temporary berms for de-watering.
Item 6 - Embankment Fill
Measurement and payment ofthe above item will be based upon the
number of cubic yards of material, field measured, compacted, in place.
Payment for the above item will be made at the contract unit price per
cubic yard, which price shall be field compensation for all materials and
labor necessary to furnish the embankment in place and accepted as
approved by the Engineer.
Item 7 - Rock Excavation (unclassified)
Measurement and payment of the above item will be based upon the
number of cubic yard of material excavated.
The quantity for payment shall be field measured in its original position as
determined by the Engineer and agreed upon by the Owner's representative
and the Contractor.
Item 8 - 1 Yz" Type S III Asphaltic Concrete
Item 9 - 1 "Type S III Asphaltic Concrete
Item 10- 12" Limerock Base (10' Greenway)
Item 11 - Mill Existing Pavement 1" Depth (Church Parking Lot)
Item 12 - Asphaltic Concrete Base Course Type ABC -3 (8" thick)
Measurement and payment of the above items will be the actual area of
each item milled or placed, and accepted.
Payment for these items will be made at the Contract unit price bid per
square yard for the respective thickness of each item, respectively. The
Contract unit price shall be full compensation for all necessary preparation,
tack coat, placement and compaction, furnishing of all materials, and labor,
equipment, transportation and all other necessary items to complete each
item described above as specified.
Item 13 - Riprap (sand-cement)
Measurement and payment ofthe above item will be based upon the
number of cubic yards of material, field measured, in place.
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87
10
Payment for riprap will be made at the contract unit price per cubic yard,
which price and payment shall be full compensation for all riprap, labor,
placement, compaction, and all other work and incidental items required
for complete installation as specified.
Item 14 - Concrete Headwall
Measurement for payment of the above item will be the number of each
headwall constructed and accepted.
Payment for headwalls will be made at the Contract unit price per each,
which price and payment shall be full compensation for all excavation,
bedding, base preparation, dewatering, sheeting, concrete, form work,
labor, masonry, backfill, and all other work required or specified for the
satisfactory installation! construction of each item, respectfully
Item 15 - Double 4' x 8' Pre-cast Concrete Box Culvert including Headwalls
The quantity for payment for Double 4' x 8' Pre-Cast Concrete Box
culvert including Headwalls shall be the horizontal distance, measured
along the centerline of double box.
Payment for this item will be made at the contract unit price per linear foot
for the respective item, which price and payment shall be full compensation
for all material, labor, excavation, box sections, gaskets, box bedding, box
laying, dewatering, compaction around the box as specified, sheeting,
shoring, headwalls, and all other work and incidental
items required for a complete installation as specified.
Item 16-18 - Pipe Concrete Culvert (Class III)
The quantity for payment for the respective sizes and respective items shall
be the horizontal distance, measured along the centerline of pipe or box
culvert in the following manner:
a. Between headwalls: Pipe shall be measured from the outside wall
of one headwall to the outside wall of the consecutive headwall;
b. Between Mitered Ends: Pipe shall be measured as indicated in
FDOT Standard Index No. 273, therefore not including the length
of the mitered end (dimension F).
Payment for these items will be made at the contract unit price per linear
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foot for the respective item, which price and payment shall be full
compensation for all materiaL labor, excavation, pipe, gaskets, pipe
bedding, pipe laying, dewatering, compaction around the pipe as specified,
sheeting, shoring, box, restoration to preconstruction condition of
irrigation and landscaping exCluding sod, and all other work and incidental
items required for a complete installation as specified.
Item 19 - Gabion Reinforced Canal Bank
Measurement for payment of the above item will be per linear foot of
Gabion reinforced canal bank completed and accepted.
Payment for this item will be made at the contract unit price per linear foot,
which price shall include wire mesh, rock, specified bedding material,
backfill material compacted in-place, geo-textile, labor, materials,
equipment and all other items necessary and incidental to the completion of
the work.
Item 20 - Geo Web Pathway (with Soil Infill)
Measurement for payment ofGeo Web Pathway will be per linear foot of
pathway installed and accepted.
Payment for this item will be made at the contract unit price per linear foot,
which price shall include all material, labor, placement compaction, and all
other work and incidental items required for complete installation in
accordance with the plans.
Item 21 - Solid Sod (Argentina Bahia)
The quantity for payment shall be per square yard as determined by field
measurement of disturbed areas. The type of sod and seeding placed shall
be as specified. Installation of sod and seeding shall be properly
coordinated to avoid damage to newly placed sod or seeded areas. No
payment will be made for sod or seeding that is not green and healthy at the
time of project completion.
Payment for sod and seeding and mulching will be made at the contract
unit price per square yard, which price and payment shall be full
compensation for all material, labor, mobilization, sod, seed, placement,
watering, fertilizer, and all other work and incidental items necessary to
establish a healthy stand of grass.
K.:\7599 Lely Outfall Basin\Correspondences\Documents\Phase I Specifications\Exhibit J Section II Measurement and Payment.doc
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Item 23-23 - HDPE Directional Bore
Measurement and payment for the HDPE Directional Bore will be based on
the length of the pipe in linear feet actually placed, as measured along the
centerline of the completed pipe, including the length of fittings, valves,
and specials measured along their centerlines.
Payment for HDPE Directional Bore will be made at the Contract unit
price per linear foot for the size installed, which price and payment shall be
full compensation for all clearing, grubbing, excavation, dewatering,
backfill; for all casing and carrier pipe and other materials, thrust blocks,
supports, joining connections, testing, fittings, and for all equipment and all
other work necessary to complete the installation as specified.
Item 24 - Connection to Existing Force Main
The number of various size connections to be paid for will be determined
by the actual count of units connected and accepted.
Payment for connections will be made at the Contract unit price per each
for the item, which price and payment shall be full compensation for
furnishing, installing, testing, clearing, grubbing, excavation, dewatering,
and backfill.
Items 26-27 - Air Release and Plug Valves
The number of valves ofthe various sizes and types will be made at the
Contract unit price per each for the item, which price and payment shall be
full compensation for furnishing and installing the valve, valve box and
valve box concrete collar andall other necessary work. Payment for
automatic air release valves shall include compensation for the valve, valve
vault, cover, piping, taping and all other necessary work.
Item 29-31 - Force Main Pipe
Measurement and payment for the sewage force main pipe, except as
otherwise specified, will be based on the laying length of the pipe in linear
feet actually placed, as measured along the centerline ofthe completed
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pipe, including the length of fittings, valves, and specials measured along
their center lines. Branch pipes will be measured along their centerlines
from the centerline of the main pipe.
Payment for sewage force main pipe will be made at the Contract unit price
per linear foot for the size and type installed, which price and payment shall
be full compensation for all clearing, grubbing, excavation, dewatering,
backfill; for all pipe and other materials, thrust blocks, supports, joining
connections to manholes or other structures, testing, fittings, connection to
the proposed sewage treatment plant, and for all equipment and all other
work necessary to complete the installation as specified.
Item 32 - Type III Staked Silt Fence
Measurement for payment for the above item will be the linear feet,
measured along the silt fence completed and accepted.
Payment for Type III Stake Silt Fence will be made at the contract unit
price per linear feet which price and payment shall be full compensation for
all material, to construct and maintain the silt fence in accordance with the
plans.
Item 33 - Turbidity Barrier Floating
Measurement for payment for the above item will be the linear feet,
measured along the top of the floating turbidity barrier, completed and
accepted. Payment for floating turbidity barrier will be made at the
contract unit price per linear feet, which price and payment shall be full
compensation for all material, labor, mobilization, erosion and turbidity
controls, and all other work and incidental items necessary to maintain the
floating turbidity barrier in accordance with the plans.
SEC 11
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EXHIBIT K
PERMITS
1) South Florida Water Management District
2) US Army Corps of Engineers
TP A#1953633.11
GC-CA-K-1
SOUTH FLORIDA 'WATER MANAGEIvIENT DISTRICT
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33lH Gun Club RO:ld, West Palm Beach, Florida 33406 . (561) 6Sb-88(1t.) . fL \\'AT5 J-SOiJ.432-2u-t5 . 1 on ,:3d! t,9i-1574
"!ailing Addn'ss: P.O. Box 24680, West Palm Beach, FL 33.416-4680 . \\',,'w5!h"md.go\"
RECEIVED
October 12,2004
Collic;r. County Board of County Commissioners
3301 Tamiami Trail East
Naples, FL 34112
Subject: App!ication No. 980828-1, WMD 6 Lely and Lely Manor
Colher County, S3-1O, 15-25,29-31 ,36rr50S/R26E
Enclosed is a copy of the South Florida Water Management District's staff report covering
the permit application referenced therein. It is requested that you read this staff report
thorougWy and understand its contents. The recommendations as stated in the staff report
will be presented to our Governing Board for consideration on Wednesday, October 13,
2004.
OCT 1 4 2004
STORMWATER MGMT.
Should you wish to object to the staff recommendation or file a petition, please provide
written objections, petitions and/or waivers (refer. to the attached "Notice of Rights") to:
Elizabeth V eguilla, Deputy Clerk
South Florida Water Management District
Post Office Box 24680
West Palm Beach, Florida 334164680
The "Notice of Rightsll addresses the Jrocedures to be followed if you desire a public
hearing or other review of the propose agency action. You are advised, however, to be
prepared to defend your position regarding the permit application when it is considered by
the Governing Board for final agency actIOn, even if you agree with the staff
recommendation, as the Governing Board may take final agency action which differs
materially from the proposed agency action.
Please contact the District if you have any questions concerning this matter.
CERTIFICATE OF SERVICE
I ~REBY CERTIFY that---a "Notice of Rights" has been mailed to the addressee this
12 day of October, 2004 in accord~ce with Section 120.60 (3), Florida Statutes,
Sincerely,
'D~ ~.~~-
Damon Meiers, P.E., Deputy Director
Environmental Resource Regulation Department
DM/gh
CERTIFIED #7002 3150 000337389405
RETURN RECEIPT REQUESTED
GO\'ER~<ING BOARD
EXEcu'nVE OFFICE
Nicolas J. GutielTt'z. Jr., Esq., Ch"ir
Pamela Brooks-Thomas;-Vice-Cl,nir
Michael Collins
Hugh M. English
KeVL' McCarty
Harkley R. Thornton
"T_....1:- f/ 1.";11;............. D L
Henr.v Dean, Ex('mtii'" Dir,'do"
'",
10 G
NOTICE OF RIGHTS
Section 120.569(1), Fla. Stat. (1999), requires that "each notice shall inform the recipient of any administrative hearing or
judicial review that is available under this section, s. 120.57, or s. 120.68; shall indicate the procedure which must be
followed to obtain the hearing or judicial review, and shall state the time limits which apply." Please note that this Notice of
Rights is not intended to provide legal advice. Not an the legal proceedings detailed below may be an appliccibJe or
appropriate remedy. You may wish to consult an attorney regarding your legal rights.
Petition for Administrative Proceedings
1. A person whose substantial interests are
affected by the South Florida Water Management District's
(SFWMD) action has the right to request an administrative
hearing on that action. The affected person may request
either a forma1 or an informal hearing, as set forth below. A
point of entry into administrative proceedings is governed
by Rules 28-106.111 and 40E-1.511, Fla. Admin. Code,
(also published as an exception to the Uniform Rules of
Procedure as Rule 40E-0.109), as set forth below.
Petitions are deemed filed upon receipt of the original
documents by the SFWMD Clerk.
a. Formal Administrative Hearina: If a
genuine issue(s) of material fact is in dispute, the affected
person seeking a formal hearing on a SFWMD decision
which does or may determine their substantial interests
shall file a petition for hearing pursuant to Sections 120.569
and 120.57(1), Fla. Stat. or for mediation pursuant to
- ~tion 120.573, Fla. Stat. within 21 days, except as
Nided in subsections c. and d. below, of either written
notice through mail or posting or publication of notice that
the SFWMD has or intends to take final agency action.'
Petitions must substantially comply with the requirements
of Rule 28-106.201 (2), Fla. Admin. Code, a copy of the
which is attached to this Notice of Rights.
b. Informal Administrative Hearinq: If there
are no issues of material fact in dispute, the affected
person seeking an informal hearing on a SFWMD decision
which does or may determine their substantial interests
shall file a petition for hearing pursuant to Sections 120.569
and 120.57(2), Fla. Stat. or for mediation pursuant to
Section 120.573. Fla. Stat. within 21 days, except .as
provided in subsections c. and d. below, of either written
notice through mail or posting or publication of notice that
the SFWMD has or intends to take final agency action.
Petitions must substantially comply with the requirements
of Rule 28-106.301(2), Fla. Admin. Code, a copy of the
which is attached to this Notice of Rights.
c. Administrative Comolaint and Order;
If a Respondent objects to a SFWMD Administrative
Complaint and Order, pursuant to Section 373.119, Fla.
Stat. (1997), the person named in the Administrative
Complaint and Order may. file a petition for a hearing no
'r than 14 days after the date such order is served.
tions must substantially comply with the requirements
ot either subsection a. or b. above.
d. State lands Environmental Resource
Permit Pursuant to Section 373.427, Fla. Stat., and Rule
40E-1.511 (3), Fla. Admin. Code (also published as an
exception to the Uniform Rules of Procedure as Aule 40E-
0.109(2)(c)), a petition objecting to the SFWMD's agency
action regarding consolidated applications for
Environmental Resource Permits and Use of Sovereign
Submerged lands (SlERPs), must be filed within 14 days
of the notice of consolidated intent to grant or deny the
SlERP. Petitions must substantially comply with the
requirements of either subsection a. or b. above.
e. Emeroencv Authorization and Order:
A person whose substantial interests are affected by a
SFWMD Emergency Authorization and Order, has a right
to file a petition under Sections 120.569. 120.57(1}, and
120.57(2), Fla. Stat., as provided in subsections a. and b.
above. However, the person, or the agent of the person
responsible for causing or contributing to the emergency
conditions shall take whatever action necessary to cause
immediate compliance with the terms of .the Emergency
Authorization and Order.
1. Order for Emeraencv Action: A person
whose substantial interests are affected by a SFWMD
Order for Emergency Action has a right to file a petition
pursuant to Rules 28-107.005 and 40E-1.61 1. Fla. Admin.
Code, copies of which are attached to this Notice of Rights,
and Section 373.119(3), Fla. Stat., for a hearing on the
Order. Any subsequent agency action or proposed agency
action to initiate a formal revocation proceeding shall be
separately noticed pursuant to section g. below.
g. Permit Suspension. Revocation.
Annulment. and W~hdrawal: If the SFWMD issues an
administrative complaint to suspend, revoke, annul, or
withdraw a permit, the permittee may request a hearing to
be conducted io accordance with Sections 120.569 and
120.57, Fla. Stat., within 21 days of either written notice
through mail or posting or publication of notice that the
SFWMD has or intends to take final agency action.
Petitions must substantially comply with the requirements
of Rule 28-107.004(3), Fla. Admin. Code, a copy of the
which is attached to this Notice of Rights.
2. Because the administrative hearing process
is designed to formulate final agency action, the filing of
a petition means that the SFWMD's final action may be
different from the position taken by it previously.
Persons whose substantial interests may be affected by
any such final decision of the SFWMD shall have,
pursuant to Rule 40E-1.511 (2), Fla. Admin. Code (also
published as an exception to the Uniform Rules of
Procedure as Rule 40E-0.109(2)(c)), an additional 21
days from the date of receipt of notice of said decision to
request an administrative hearing'. However, the scope of
the administrative hearing shall be limited to the
substantial deviation.
3. Pursuant to .Rule 40E-1.511 (4), Fla. Admin.
Code, substantially affected persons entitled to a hearing
pursuant to Section 120.57(1), Fla. Stat., may waive their
right to such a hearing and request an informal hearing
before the Governing Board pursuant to Section 120.57(2),
Fla. Stat., which may be granted at the option of the
Governing Board.
4. Pursuant to Rule 28-106.111 (3), Fla. Admin.
Code, persons may fife with the SFWMD a request for
extension of time for filing a petition. The SFWMO,for
good cause shown, may grant the extension. The request
for extension must contain a certfficate that the petitioner
has consulted with all other parties, if any, concerning the
extension and that the SFWMD and all other parties agree
to the extension.
CIRCUIT COURT
5. Pursuant to Section 373.617, Fla. Stat., any
substantially affected person who claims that final agency
action of the SFWMD relating to permit decisions
constitutes an unconstitutional taking of property without
just compensation may seek judicial review of the action in
circuit court by filing a civil action in the circuit court in the
judicial circuit in which the affected property is located
within 90 days of the rendering of the SFWMO's final
agency action.
6. Pursuant to Section 403.412, Fla. Stat., any
citizen of Florida may bring an action for injunctive relief
against the SFWMO to compel the SFWMD to enforce the
laws of Chapter 373, Fla. Stat., and Title 4OE, Ra. Admin.
Code. The complaining party must file with the SFWMD
Clerk a verified complaint setting forth the facts upon which
the complaint is based and the manner in which the
complaining party is affected. If the SFWMD does not take
appropriate action on the complaint within 30 days of
receipt, the complaining ~arty may then file a civil suit for
injunctive relief in the 15 Judicial Circuit in and for Palm
Beach County or circuit court in the county where the
cause of action allegedly occurred.
7. Pursuant to Section 373.433, Fla. Stat., a
private citizen of Florida may file suit in circuit court to
require the abatement of any stormwater management
system, dam, impoundment, reservoir, appurtenant work or
works that violate the provisions of Chapter 373, Fla. Stat.
1 A i'"
I '1 fJ.
. l , .
DISTRICT COURT OF APPEAL
. 8. Pursuant to Section 120.68, Fla. Stat., a party
who ~s ~~verse.ly affected by final SFWMD action may
seek ~UdJclal revIew of the SFWMD's final decision by filing
a notIce of appe~1 pursuant to Florida Rule of Appellate
Procedure 9.110 In the Fourth District Court of Appeal or in
the appellate district where a party resides and filing a
second copy o.f the notice with the SFWMD Clerk within 30
days of rendering of the final SFWMD action.
LAND AND WATER ADJUDICATORY COMMISSION
. 9. A party to a "proceeding below" may seek
revIew by the Land and Water Adjudicatory Commission
(FLAWAC) of SFWMO's final agency action to determine if
such action is consistent with the provisions and purposes
of Chapter 373, Fla. Stat. Pursuant to Section 373.114,
Fla. Stat., and Rules 42-2.013 and 42-2.0132, Fla. Admin.
Code, a request for review of (a) an order or rule of the
S~~D must be filed with FLAWAC within 20 days after
renditIon of the order or adoption of the rule sought to be
reviewed; (b) an order of the Department of Environmental
Protection (DEP) requiring amendment or repeal of a
SFWMD rule must be filed with FLAWAC within 30 days of
rendition of the OEP's order, and (c) a SFWMD order
entered pursuant to a formal administrative hearing under
Section 120.57(1), Fla. Stat., must be filed no later than 20
days after rendition of the SFWMD's final'. order.
Simultaneous with filing, a copy of the request for review
must be served on the OEP Secretary, any person named.
in the SFWMD or DEP final order, and all parties to the
proceeding below. A copy of Rule 42-2.013, Fla, Admin.
Code is attached to this Notice of Rights.
PRIVATE PROPERTY RIGHTS PROTECTION ACT
10. A property owner who alleges a specific action
of the SFWMD has inordinately burdened an existing use
of the real property, or a vested right to a specific use of
the real property, may file a claim in the circuit court where
the real property is located within 1 year of the SFWMD
action pursuant to the procedures set forth in Subsection
70.001(4)(a), Fla. Stat.
lAND USE AND ENVIRONMENT At DISPUTE RESOLUTION
11. A property owner who alleges that a SFWMD
development order (as that term is defined in Section
70.51 (2)(a), Fla. Stat. to include permits) or SFWMO
enforcement action is unreasonable, or unfairly burdens
the use of the real property, may file a request for relief
with the SFWMD within 30 days of receipt of the SFWMO's
order or notice of agency action pursuant to the procedures
set forth in Subsections 70.51 (4) and (6), Fla. Stat.
MEDIATION
12. A person whose substantial interests are,
or may be, affected by the SFWMD's action may choose
mediation as an alternative remedy under Section 120.573,
Fla. Stat. Pursuant to Rule 28-106.111 (2), Fla. Admin.
Code, the petition for mediation shall be filed within 21
days of either written notice through mail or posting or
Revised AUQust, 2000
_"Jublication of notice that the SFWMD has or intends to
lke final agency action. Choosing mediation will not affect
the right to an administrative hearing if mediation does not
result in settlement.
pursuant to Rule 28-106.402, Fla. Admin. Code, the
contents of the petition for mediation shall contain the
following information:
(1) the name, address, and telephone
number of the person requesting mediation and that
person's representative, if any;
(2) a statement of the preliminary agency
action;
(3) an explanation of how the person's
substantial. ihterasts will be affected by the agency
determination; and
(4) a statement of relief sought.
As provided in Section 120.573, Fla. Stat. (1997), the
timely agreement of all the parties to mediate will toll the
time limitations imposed by Sections 120.569 and 120.57,
Fla. Stat., for requesting and holding an administrative
hearing. Unless otherwise agreed by the parties, the
mediation must be concluded within 60 days of the
execution of the agreement. If mediation results in
settlement of the dispute, the SFWMD must enter a final
order incorporating the agreement of the parties. Persons
whose substantial interest will be affected by such a
modified agency decision have a right to petition for
-- earing within 21 days of receipt of the final order in
;cordance with the requirements of Sections 120.569 and
120.57, Fla. Stat., and SFWMD Rule 2S-106.201(2}, Fla.
Admin. Code. If mediation terminates without settlement of
the dispute, the SFWMD shall notify aU parties in writing
that the administrative hearing process under Sections
120.569 and 120.57, Fla. Stat., remain available for
disposition of the dispute, and the notice will specify the
deadlines that then will apply for challenging the agency
action.
VARIANCES AND WAIVERS
13. A person who is subject to regulation
pursuant to a SFWMD rule and believes the application of
that rule will create a substantial hardship or will violate
principles of fairness (as those terms are defined in
Subsection 120.542(2), Fla. Stat.) and can demonstrate
that the purpose of the underlying statute will be or has
been achieved by other means. may file a petition with the
SFWMD Clerk requesting a variance from or waiver of the
SFWMD rule. Applying for a variance or waiver does not
substitute or extend the time for filing a petition for an
administrative hearing or exercising any other right that a
person may have concerning the SFWMO's action.
Pursuant to Rule 28.104.002(2), Fla. Admin. Code. the
petition must include the following information:
(a) the caption shall read:
tition for (Variance from) or (Waiver of) Rule (Citation)
(b) The name, address. telephone number
and any facsimile number of the petitioner;
10
(c) The name, address telephone number
and any facsimile number of the attorney or qualified
representative of the petitioner, (it any);
(d) the applicable rule or portion of the rule;
(e) the citation to the statue the rule is
implementing;
(f) the type of action requested;
(g) the specific facts that demonstrate a
substantial hardship or violation of principals of fairness
that would justify a waiver or variance for the petitioner;
(h) the reason why the variance or the waiver
requested would serve the purposes of the underlying
statute; and
(i) a statement of whether the variance or
waiver is permanent or temporary, If the variance or
waiver is temporary, the petition shall include the dates
indicating the duration of the requested variance or waiver.
A person requesting an emergency variance from or
waiver of a SFWMD rule must clearly so state in the
caption of the petition. In addition to the requirements of
Section 120.542(5), Fla. Stat. pursuant to Rule 28-
104.004(2), Fla. Admin. Code, the petitio'n must also
include:
a} the specific facts that make the situation an
emergency; and .
b) the specific facts to show that the petitioner will
suffer immediate adverse effect unless the variance or
waiver is issued by the SFWMD more expeditiously than
the applicable timeframes set forth in Section 120.542. Fla.
Stat.
WAIVER OF RIGHTS
14. Failure to observe the relevant time
frames prescribed above will constitute a waiver of such
right.
28.106.201
INITIATION OF PROCEEDINGS
(INVOLVING DISPUTED ISSUES OF MATERIAL FACT)
(2) All petitions filed under these rules shall contain:
(a) The name and address of each agency affected
and each agency's file or identification number. if known;
(b) The name, address, and telephone number of the
petitioner; the name. address, and telephone number of
the petitioner's.. repr.esentative. if any. which shall be the
address for service purposes during the course of the
proceeding, and an explanation of how the petitioner's
substantial interests will be affected by the agency
determination;
(c) A statement of when and how the petitioner
received notice of the agency decision;
(d) A statement of all disputed issues of material fact.
If there are none, the petition must so indicate;
(e) A concise statement of the ultimate facts alleged,
as well as the rules and statutes which entitle the petitioner
to relief; and
(f) A demand for relief.
28-106.301 INITIATiON OF PROCEEDINGS
(NOT INVOLVING DISPUTED ISSUES OF I\>1A TERIAL FACT)
(2) All petitions filed under these rules shall contain:
(a) The name and address of each agency affected
and each agency's file or identification number, if known;
(b) The name, address, and telephone number of the
petitioner; the name, address, and telephone number of
the petitioner's representative. if any, which shall be the
address for service purposes during the course of the
proceeding, and an explanation of how the petitioner's
substantial interests will be affected by the agency
determination;
(c) A statement of when and how the petitioner
received notice of the agency decision;
(d) A concise statement of the ultimate facts alleged,
as well as the rules and statutes which entitle the petitioner
to relief; and
(e) A demand for relief.
28-107.004 SUSPENSION, REVOCATION, ANNULMENT,
OR WITHDRAWAL
(3) Requests for hearing filed in accordance with this
rule shall include:
(a) The name and address of the party making the
request, for purposes of service; . .
(b) A statement that the party is requesting a heanng
invofving disputed issues of material fact, or a hearing not
involving disputed issues of material fact; and
(c) A reference to the notice, order to show cause,
administrative complaint. or other communication that the
party has received from the agency.
42-2.013 REQUEST FOR REViEW PURSUANT TO
SECTION 373.114 OR 373.217
(1) In any proceeding arising under Chapter 373, F.S.,
review by the Florida Land and Water Adjudicatory
Commission may be initiated by the Department or a party
by filing a request for such review with the Secretary of t~e
Commission and serving a copy on any person named In
the rule or order, and on all parties to the proceeding
which resulted in the order sought to be reviewed. A
certificate of service showing completion of service as
required by this subsection shall be a requirement f?r a
determination of sufficiency under Rule 42-2.0132. Failure
to file the request with the Commission within the time
period provided in Rule 42-2.0132 shall result in dismissal
of the request for review.
(2) The request for review shall identify the rule or order
requested to be reviewed, the proceeding in which the rule
or order was entered and the nature of the rule or order. A
copy of the rule or order sought to be reviewed shall ?e
attached. The request for review shall state WIth
particularity:
(a) How the order or rule conflicts with the
requirements, provisions and purposes of Chapter 373,
F.S., or rules duly adopted thereunder;
"'n ('
.1L;
(b) How the rule or order sought to be reviewed
affects the interests of the party seeking review;
(c) The oral or written statement, sworn or unsworn,
which was submitted to the agency concerning the matter
to be reviewed and the date and location of the statement,
jf the individual or entity requesting the review has no!
participated in a proceeding previously instituted pursuant
to Chapter 120, F.S., on the order for which review is
sought;
(d) l/ review of an order is being sought, whether and
how the activity authorized by the order would
substantially affect natural resources of statewide or
regional significance, or whether the order raises issues of
policy, statutory interpretation, or rule interpretation that
have regional or statewide significance from a standpoint
of agency precedent, and all the factual bases in the
record which the petitioner claims support such
determination(s); and
(e) The action requested to be taken by the
Commission as a result of the review, whether to rescind or
modify the order, or remand the proceeding to the water
management district for further action, or to require the
water management district to initiate rulemaking to adopt,
amend or repeal a rule.
28-107.005 EMERGENCY ACTION
(1) If the agency finds that immediate serious danger
to the public health, safety, or welfare requires emergency
action, the agency shall summarily suspend, limit, or
restrict a license.
(2) the 14-day notice requirement of Section
120.569(2){b), F. S., does not apply and shall not be
construed to prevent a hearing at the earliest time
practicable upon request of an aggrieved party.
(3) Unless otherwise provided by law, within 20 days
after emergency action taken pursuant to paragraph (1) of
this rule, the agency shall initiate a formal suspension or
revocation proceeding in compliance with Sections
120.569,120.57. and 120.60, F.S.
40E-1.611 EMERGENCY ACTION
(1 ) An emergency exists when immediate actiOn is
necessary to protect public health, safety or welfare; the
health of animals, fish or aquatic life; the works of the
District; a public water supply, or recreational, commercial,
industrial, agricultural or other reasonable uses of land and
water resources.
(2) The Executive Director may employ the resources
of the District to take whatever remedial action necessary
to alleviate the emergency condition without the issuance
of an emergency order, or in the event an emergency order
has been issued, after the expiration of the requisite time
for compliance with that order.
Revised Auoust. 2000
laG
Last Date For Agency Action: 14-0CT-2004
INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT
Project Name: Wmd 6 Lely And Lely Manor
Permit No.: 11-01140-8
Application No.: 980828-1 Associated File: 030317-24 WU
Application Type: Environmental Resource (Conceptual Approval And Construction/Operation Modification)
Location: Collier County, 83-10,1S-2S,29-31,36rrSOS/R26E
Project Land Use: Government
DRAFT
Subject to Governing
BoII'd AppnwaI
Permittee: Collier County Board Of County Commissioners
Operating Entity: Board Of County Commissioners
Project Area: 329.4 acres
Drainage Basin: WE8T COLLIER Sub Basin: LEL Y CANAL DISTRICT 6
Receiving Body: Dollar Bay and Rookery Bay via wetlands Class: OFW
Special Drainage District: NA
Total Acres Wetland Onsite:
Total Acres Wetland Preserved Onsite:
Total Acres Impacted Onsite :
Total Acres Presv/Mit Compensation Onsite:
Conservation Easement To District: Yes
Sovereign Submerged Lands: No
130.60
91.60
40.60
111.70
PROJECT PURPOSE:
This application requests Construction Authorization of an Environmental Resource Permit for a 239.7
acre project, part of the Lely Area Stormwaterlmprovement Project (LASIP) f.k.a. WMD6 Lelyand Lely
Manor, to include Phase One for portions of'the surface water management system, wetland impacts, and
mitigation as shown on Exhibit 2.54 with discharge into waters of Dollar Bay and Rookery Bay.
In addition, this application requests Conceptual Authorization for the remaining 89.7 acres of total 329.4
acre LA81P project to include system improvements, wetland impacts and mitigation, serving an 11,135
acre area of Collier County known as the Lely Area Stormwater tmprQvement Project (LA8IP) f.k.a.
WMD6 Lely and Lely Manor as shown on Exhibit 2,01.
Apo.no. : 980828-1
P::IOP. 1 nf 1R
PROJECT EVALUATION:
PRO' 'J' 'E" roTS'IT', 'E':':D~lc'S'C""'B-i6Tl"O'- 'N-.~'~:;::r:-:;"~<J,,;,-:;',%,~%;~{:i3."+,-;;::u'~;-)-;';;0(::;~';'::f 'J. ',..,:;'
..~ -. ,;..-;-,.......~..~c~~-~~.......:;.._,~..v,.~\!'"'~......~~.f....~~..i~:.~~ll~i~;~~~j:i;.~~~t;~~:;...~;$;::~"-:::~~.:l.~". . )~'.2
The LASJP drainage area is generally bounded by Radio Road on the north, Collier Boulevard (C.R.951)
on the east, Wetlands of Dollar Bay and Rookery Bay on the South, and a FPL Transmission facility and
Haldeman Creek on the west. A location map is provided as Exhibit 1. Two basins comprise the LASIP
drainage area, consisting of the Lely Canal Basin (LCB) in the westerly portion of the area and the Lely
Manor Basin (LMB) in the easterly portion of the area. The Lely Canal Basin discharges into an estuarine
coastal zone along the intracoastal waterway near Dollar Bay. The Lely Manor Basin discharges into an
estuarine coastal zone near the headwaters of Sandhill Bay and eventually into Rookery Bay. Exhibit 2.01
of the project plans provides locations of the seven regions which the project is broken into. Regions 1
through 3 constitute the Lely Canal Basin, Region 4 is a tributary to the Lely Canal Basin, the Lely Branch.
and Regions 5 through 7 are divisions of the Lely Manor Basin.
Land uses within the regions were identified and wetland areas delineated. Wetland jurisdictional
determinations were completed with District and Corps staff in specific basins only. Detailed
mapping/surveying of the wetlands beyond what is approved under Phase I will need to be conducted and
approved by District staff prior to the approval of additional construction Phases. Each subsequent
construction phase will need to clearly delineate the project boundaries, identify the wetlands/other surface
waters to be impacted, and have the wetland lines surveyed and approved by District staff. Land uses
and wetlands are identified within Exhibits 3,4 and 10.
There are a total of 40.6 acres of wetlands that will be adversly affected by the proposed project. These
areas have been included within the construction phase of the project along with the mitigation areas.
PROPOSED:.~R()J$.~I~:1~~t{::~J~:o:{?~~{;~;;;16~qlr~~~~~7i~}~:'/:;:k~;':~'..~
The LASrp project includes a system of conveyances, control structures, and spreader lakes and berms to
provide a comprehensive outfall system for the LASIP area to alleviate flooding impacts. The LASIP area
(formerly known as Water Management District # 6) has for years experienced flooding pressures as
development in the area continues. Several alternatives were reviewed including a complete Alternatives
Analysis, included with the permit file. The following is a general description of the recommended
alternative within each of the two basins to mitigate the flooding hazard while preventing over drainage
from occurring.
Lely Canal Basin - The existing Lely "Main" Canal flows from Rattlesnake Hammock Road south then
west, parallel to Rattlesnake Hammock Road, then south again and through the bridges at U.S. 41 and
south until it discharges into an estuarine coastal zone along the intracoastal waterway near Dollar Bay.
There are no existing weirs in the "Main" Canal. The flow capacity of the canal and structures in the
"Main" Canal upstream of the U.S. 41 bridges will be increased via reductions in head loss to maintain and
improve flood protection. At the downstream discharge of the "Main" Canal a spreader lake with a control
berm elevation of 2.5' NGVD will be constructed to eliminate current over drainage, salt water intrusion,
and provide a broader distribution of fresh water instead of the existing concentrated point discharge.
South of Rattlesnake-Hammock Road a weir will be constructed at Doral Circle to raise the normal stage
elevation to 4.0' NGVD to eliminate existing over drainage. This weir will help extend the existing wetland
hydroperiods.
The "Main" Canal system will be extended upstream using the storm-water management system of the
Royal Wood Development. A network of smaller canals, weirs and swales will provide flood relief without
over draining existing wetlands. One new canal system will be extended from the northeast corner of
Royal Wood to serve the northeast portion of the Lely Canal Basin area. The canal will extend from Royal
Wood upstream to the southern edge of a wetland area near Cope Lane. Three weirs will be placed in this
canal to maintain water levels in the wetland areas and to allow flows to continue to pass through a
historic slough lying in a north east to south west direction across Cope Lane, Country Road and Whitaker
Road. Weir elevations were established using existing average wet season water table elevations within
App.no. ~ "980828-1
Page 2 of 18
10
the upstream wetlands. Tailwater elevations created by the closed weirs were reviewed to insure wetland
areas remain inundated during the wet season, while the closed weirs help lengthen the wetland
hydroperiods by reversing the existing drainage conditions. Swale improvements along Cope Lane.
Country Road and Whitaker Road will provide lateral distribution of excess flow into the proposed canal.
Water levels in these swales will also be maintained by the downstream weir control elevations. The weir
structures have gates to allow lowering water levels if needed after or in preparation for a major storm
event. Also. an .east to west canal will collect part of the drainage from the area along Sandy Lane. This
canal will also provide a cross-basin connection that will normally be closed. but in special emergency
situations can be opened to allow interconnection of the Lely Canal Basin and the Lely Manor Basin
systems. A culvert and canal system will also extend from the northwest corner of Royal Wood up to
Whitaker Road. It will provide added capacity for the downstream end of the slough and the area between
Royal Wood and Whitaker.
A tributary called the "Branch" joins the Lely "Main" Canal a short distance upstream of the U.S. 41 bridge
and east of the intersection of U.S. 41 and Rattlesnake Hammock Road. The "Branch" provides drainage
for the developed area along the FPL right-of-way north of Rattlesnake Hammock Road, the areas
surrounding Loch Louise and Crown Point developments located south of Davis Boulevard, and the
developments along the north side of Davis Boulevard. The capacity of the "Branch" will be increased
downstream of Loch Louise, the Loch Louise weir wll be reconstructed and a new weir constructed at the
northern end of the existing triple box culverts under Davis Blvd., and the collection system extended
along the north side of Davis Boulevard to its full planned length east of Santa Barbara Blvd. The project
along the "Branch" system also includes constructing a weir structure at the intersection of the Haldeman
Creek Basin system and enclosing an existing ditch south of Loch Louise (the north ditch of Riviera) in a
storm drain. .
Elsewhere in the Lely "Main" Canal system, improvements associated with two road projects, Rattlesnake
Hammock Road (existing) and County Barn Road (future project), will have storm water improvement
features either constructed or made active. The majority of wetland impacts are related to modifications
involving widening and deepening existing canals to increase flow capacities. However, there are some
areas where new canal and swale construction will create new wetland impacts.
The capacity of the Lely "Main" Canal downstream of U.S. 41 is to be increased and head loss reduced to
maintain flood protection by excavating a larger cross section and constructing an outlet spreader lake
designed to flow into existing wetlands immediately to the south, west and east of the canal. Wetlands will
be impacted by this construction, but impacts are offset by the improved flow conditions into the existing
receiving estuarine wetland area.
Lely Manor Canal - The Lely Manor "Main" Canal collects storm water from within the Naples Manor
subdivision, developments to the north, and from the drainage area to the northeast of Naples Manor
subdivision. Storm water then flows west to the U.S. 41 culvert, which discharges into a wide canal
oriented east to west, eventually discharging into a large fresh water marsh. The lower portion of the
Manor "Main" Canal begins south of the marsh and discharges into an estuarine coastal zone near the
headwaters of Sandhill Bay and eventually Rookery Bay. A numbfter o~ smaller canals provide internal
drainage for the Naples Manor subdivision and discharge into the U.S. 41 road ditch. Storm water in the
road ditch flows through three additional culverts, to the south, and then to the west to the lower main
canal.
Capacity of the main canal will be increased downstream of U.S. 41 to provide flood relief for upstream
areas. Additionally, a weir will be constructed to prevent over drainage of the large wetland marsh and a
spreader lake will be constructed to prevent over drainage while eliminating the current problem of a
freshwater point discharge. A new north/south canal system will also be created roughly along the east
side of Sections 30 and 31 of Township 50 South Range 26 East (identified in the plan under Phase 1
construction as the main outfall for Region 5 East). The existing canals that currently divide an historic
slough/flowway will be abandoned (by future development plans of the land owner), a pump station will be
App.~o. :' 980828-1
Page 3 of 18
tJ~
installed to re-hydrate the slough, capacity improvement will be made to the existing canals extending
from U.S. 41, and a new discharge point will be created by constructing a spreader lake adjacent to
another wetland flowway system that has been cut off from historic sheet flow for many years. Elements
of these improvements are included in this application for Construction and operation authorization and
are being implemented in conjunction with the Construction and Operation authorization of Permit No. 11-
02324-P I Application No. 030509-7.
Capacity improvements to the north perimeter canal of Naples Manor upstream of U.S. 41 include
constructing a weir at Warren Street to reduce current over drainage impacts to adjacent wetlands.
Additional, capacity improvements will be made to the canal along the north side of U.S. 41 to allow for
lateral distribution of stormwater to all the culverts crossing beneath U.S. 41. For safety and capacity
reasons, one existing channel within the Naples Manor subdivision wilt be enclosed in a pipe.
Upstream of the Naples Manor subdivision, the southern end of the existing Rattlesnake-Hammock
slough will be bermed and a discharge weir constructed to prevent current over drainage into the north
perimeter ditch of the Naples Manor subdivision. North of Rattlesnake-Hammock Road the existing
piecemeal system of ditches will be modified to create a manageable stormwater system. Strategically
located culverts, weirs, and channel improvements will direct stormwater flow exiting remnants of the
northern end of the Rattlesnake Hammock slough. Weirs are located with control elevations to provide
flood protection and maintain the hydroperiod of adjacent wetlands. A major component of this
reconstruction involves connecting the existing perimeter canals around the Wing South Airpark into the
Lely Manor Basin canal system.
The areas of wetland impact are at and near spreader lakes discharge point, the wide main canal south of
U.S. 41 and the lower main canal, the new Region 5 East outfall canal, areas near the County's South
County Water Reclamation Facility, and areas around the Wing South Airpark. These impacts are
minimized by the installation of weirs to maintain water levels and to promote replenishment of existing
wetland areas in the lower and upper parts of this basin. A weir is proposed at the upper end of the lower
main canal to maintain water levels in the fresh water marsh. A weir is also included north of the Wing
South Airpark to maintain water levels in the extensive wetland preserve areas of developments to the
north.
The majority of wetland impacts are related to modifications involving excavating existing canals.
However, there are some areas where new canal and spreader lake construction will create new wetland
impacts.
This application, includes construction and operation authorization for portions of Region 2 within the Lely
Canal Basin and Region 5 East within the Lely Manor Basin, as depicted on Exhibit 2.54 and detailed in
Exhibits 2.55 through 2.94. Specific improvements include channel improvements within' the Lely "Main"
Canal extending from U.S. 41 (STA 85+81) northward to Rattlesnake Hammock Road (STA 105+24.80)
and within the "Branch" from Rattlesnake Hammock Road (STA 6+00) north to STA 58+67.58.
Improvements within Region 5E include constructing the Lely Lakes East outfall from U.S. 41 (ST A
79+41.30) southward to STA 7+91.30, and include the Lely Manor Canal spreader lake.
Approximately 11.8 acres of Other Surface Waters and 192 acres of wetlands will be impacted by the
Phase 1 construction. Phase 1 construction impacts are shown on Exhibits 4a through 4c included in
Appendix F of the permit application.
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App.no. :"'980828-1
Page 4 of 18
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The Lely Main Canal Basin discharges via a spreader lake at the terminus of the main canal LCB-OO-
C0003. The Lely Manor Canal Basin discharges via spreader lakes at the terminus of main canals LMB-
00-C0001 and LMB-01-C0005. The combined discharge for all three canals is 1,509 cfs. which equates to
86.7 CSM, for the drainage area served by the LASIP system and meets allowable discharge rate of 0.15
cfs/acre in accordance with Collier County Ordnance 90-10. This compares with the pre-development
discharge rate of 1,105 cfs.
The two Lely Manor outfall canals and spreader lakes are connected together by the large channel section
along the east side of US 41. Therefore, the two flows are combined to comprise the total flow out of the
Lely Manor Basin. The two outfall systems function as parallel channels.
Discharge structures will be in accordance with the information provided in Exhibit 11 a - 11 i.
~t~B~~HM-J!!.:i2~:::tJEJi~.l~1m~1%~~:~€t.€fb:;s~~"::~;f~.i11i;;k~~i1.~~1.ll~~1t.~~~tiiil~~j:~
Water quality structures will be in accordance .with Exhibits 11 a - 11 i. In addition, an Urban Stormwater
Management Program and Construction Pollution Prevention Plan specifications and guidelines are part
of the required water quality for all phases of the project. Construction and daily operation of the project
shall be conducted in accordance with Special Condition Nos. 24 - 26 and Exhibits Nos. 12.0-12.5 and
13.0-13.9 which are incorporated by reference and shall be retained in the permit file. In addition.
potential water quality impacts related to erosion and sedimentation wHl b'e controlled in accordance with
the current edition of the FOOTs Standard Specifications for Road and Bridge Construction. In addition, a
project-specific Stormwater pollution Prevention Plan (PPP) will be prepared and implemented during
each phase of the construction.
No adverse water quality impacts are anticipated as a result of the proposed project.
~~~:~r:!~~X~i~it;'~;;xr:t~fu~~~>>iffi~i{~;J;E~t~~~f;~i~i~i:~;~gG~~iEr~~tJ~~f~C~}tl~;~Efi~~~{~~Ei~Ji~~if1ti~~l~i~
Lely Main Basin
Aoo.no. :' 980828-1
Page 5 of 18
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Region 1
This basin contains the Main Lely Canal south of U.S. 41. A natural upland ridge separates the canal from
a large freshwater swamp/marsh mosaic marsh located east of the canal. Wetland jurisdictionals have
been completed with the SFWMD and COE staff.
Region 2
Located within the central portion of the Lely Canal Basin, the majority of this region has been developed
as residential and golf course communities. Wetland delineations have been completed for lands within
the C&O phase of this application.
Region 3
This region represents the northern limits of the Lely Canal Basin and includes areas primarily developed
with single-family residences. A historic flowway is located within this region. Although land uses have
been delineated, no jurisdictional determinations have been completed. Construction phases proposed
within this region will be required to survey the limits of the wetlands and have them approved by District
staff.
Region 4
This region represents a tributary system, the Lely Branch, which drains lands in the vicinity of Davis
Boulevard, into the Lely Canal Basin. Lands within this region are primarily developed as residential,
roadways and open water. Two undeveloped areas remain within the basin. Wetland jurisdictional
determinations have not been completed. Construction phases proposed within this region will be
required to survey the limits of the wetlands and have them approved by District staff.
Lely Manor Basin
Region 5
Regions 5W and 5E are located within the Lely Manor Basin. Coastal habitats are located to the south and
agricultural land is to the east. Region 5 discharges to Rookery Bay, an Outstanding Florida Water. Land
uses have been delineated for this region and are shown on the project plans. A large freshwater
swamp/marsh is located within the region and represents the key hydrologic component in the area. This
marsh currently receives water from an existing east-west canal which receives drainage via a culvert
beneath U.S. 41.
Region 6
This region includes developed areas located within Lely Golf Estates and Naples Manor subdivision in
addition to some smaller residential developments. With the exception of one wetland located north of the
northeast corner of Naples Manor, this basin is developed.
Region 7
This region includes lands extending from Naples Manor northward to the intersection of Davis Boulevard
and CR 951. Essentially the basin is comprised of 3 parts. This region contains a significant wetland
slough system, much of which has been preserved in recent permits. Wetland delineations have been
completed by others for those areas located within existing permits. A formal wetland determination will be
completed for this project at the time of application for construction in this region. Construction phases
proposed within this region will be required to survey the limits of the wetlands and have them approved by
District staff.
Wetland Impacts:
Approximately 40.6 acres of wetlands will be impacted by the proposed improvements. Wetland impacts
are directly related to the widening of existing canals and drainage swales, installation of new weir
App.no. :. S80828-1
Page 6 of 18
structures, and the excavation of one new canal. Secondary wetland impacts have been avoided through
the incorporation of operable weir structures within the drainage canals set at elevations comparable to
existing wet season water table elevations within the adjacent wetlands. Incorporation of these weirs into
the project design will help extend the wetland hydroperiods at the end of the wet season, prevent
overdrying as the dry season extends, and trap the first rains as the wet season begins. Hydrographs
were produced based on a 5 year/24 hour storm event for the various basins that demonstrated wetland
hydro periods will be maintained and/or lengthened for that storm event. Orawdown discussions associated
with the drainage improvements for each basin is included within Appendix E of the permit application.
Approximately 60 acres of Other Surface Waters, consisting primarily of existing drainage canals, ditches
and swales, will be affected by the overall project. These waters will not be permanently impacted nor will
wetland functions be lost due to these impacts. The following table provides the breakdown of wetland
and other surface water impacts by region.
To minimize impacts to downstream receiving waters, and associated wetlands, spreader lakes will be
constructed at the southern end of the Lely Main Canal and the Lely Manor Canal. The Lely Main
Spreader Lake will measure approximately 9.6 acres and will extend across the existing canal,
approximately 700 feet upstream of the existing canal terminus. The 700 ft. of canal will be backfilled and
regraded to match the adjacent wetland (mangrove) elevations. The proposed spreader lake was located
in an area where wetland Impacts could be minimized. Approximately 7.1 acres of wetland impact and 4.4
acres of other surface water impacts will occur as a result of the lake construction. Impacts are confined to
primarily Brazilian pepper and Hydric Pine flatwoods. The Lely Manor Spreader lake measures
approximately 11 acres and is located at the canal terminus in Section 36. Construction of this lake will
result in approximately 3.7 acres of impacts to Hydric Pine flatwoods. Wetland impacts are depicted on
Exhibits 3 and 4 and are contained in Appendix F of the permit application.
The proposed construction Phase I of this application includes all of the proposed impacts to wetlands and
other surface waters, and implementation of the mitigation activities. The drainage improvements
associated with Phase I are limited to portions of Regions 2, and 5E. Approximately 8.9 acres of OSWs
will be impacted by the proposed construction in Region 1, 2 and 3. An additional 2.9 acres of OSWs and
10.6 acres of wetlands will be impacted by the proposed construction in region 5E. Of the total Region 5E
impacts, approximately 8.6 acres of the wetland impacts are located within the boundaries of the Lely
Lakes proposed development. Phase 1 construction impacts are shown on Exhibit 4 and are included in
Appendix F of the permit application.
Mitigation Proposal:
The Wetland Rapid Assessment Procedure (WRAP) methodology was utilized to score the wetlands
functions in areas proposed for impacts. A summary table of WRAP scores can be found in Appendix G of
the permit application. Using WRAP, it was determined that the 40 acres contained within the construction
area represents 25.85 functional units.
Mitigation opportunities are limited in the southern and central portions of the LASIP project area due to
existing developments, real estate prices, and lack of willing sellers. Collier County pursued the purchase
of two separate parcels of land, measuring 10.1 acres (Section 9, Township 50 South, Range 26 East)
and 99.2 acres (Section 15, Township 50 South, Range 26 East). Bath parcels are contiguous to existing
mitigation areas (Exhibit 5). Land Use descriptions and vegetation summaries are located within Appendix
G of the permit application. Each parcel was mapped and evaluated using WRAP. Exhibit 6 provides
FLUCCS maps and WRAP scores for the mitigation parcels. Based on the completed WRAP analysis, the
proposed mitigation areas provide 48.81 functional units in the pre-enhancement condition.
Proposed mitigation within both parcels will consist of hydrologic improvements, exotic species removal
and control combined with replanting efforts, and preservation of native uplands. Within the 10.1 acre
parcel, 2.6 acres of cypress enhancement, 3.5 acres of cypress-pine enhancement , and 3.8 acres of
hydric pine f1atwoods enhancement will be completed. In addition, .2 acres of an existing water
management berm will remain undisturbed. Within the 99.2 acre parcel, enhancement of 12.2 acres of
cypress, 46.0 acres of cypress-pine wetland, and 20.5 acres of hydric pine f1atwoods is proposed. In
App.no. : 980826-1
Page 7 of 18
addition, 19.9 acres of native uplands will be preserved and enhanced and .6 acres within the road right-
of-way will remain undisturbed.
The existing wetlands are currently drained via a breach between the wetlands and an adjacent canal.
This breach provides a direct connection to the canal which serves to funnel surface water away from the
wetland. The proposed LASIP improvements include improvements to the existing canal berm combined
with construction of a permanent weir at the breach location.
Both mitigation parcels are dominated with exotic species, primarily melaleuca. In areas of greater than
50% cover by exotics, the melaleuca will be controlled via either mechanical clearing or hand cutting. In
areas of less than 50% cover by exotics, the exotics will be removed by hand.. Exotic trees will be cut just
above natural grade and the stump treated with an appropriate herbicide. The dead material will either be
removed from the site or will be stacked in place and allowed to decompose. Treatment of exotics will also
occur within the native upland communities.
Once the exotics have been treated and/or removed, the wetlands will be planted as needed with native
species. A conceptual planting plan is included in Exhibit 6. Deeper portions of the sites will be planted
with cypress and transitional areas will be planted with slash pine. Intermediate elevations will be planted
with a mix of cypress and slash pine. Trees will be container grown, 6 in height, and planted in random
patterns at densities of 200 trees per acre, Ground cover species will be planted at densities of 4,840
plants per acre in areas that contain less than 33% cover by native ground cover species following exotic
treatment.
In addition to enhancement activities within the 10.1 acre and 99.2 acre sites, mangrove restoration
activities will occur within a 1.6 acres area adjacent to the Lely Main Canal. In this area a portion of the .
canal and the adjacent maintenance road will be recontoured to match the natural grade of the existing
mangrove community to the southeast. The area will be planted with salt marsh cord grass to stabilize the
substrate. Mangrove plantings are not proposed and it is assumed the areas will revegetate via natural
recruitment. If mangroves do not become established after two growing seasons, mangrove planting will
be undertaken.
A post enhancement WRAP was performed for the three mitigation parcels. The results of this
assessment indicate that following the completion of mitigation activities, these parcels will represent
82.81 functional units. This represents a lift of 34 functional units from existing conditions. Post
Enhancement WRAP data is included in Exhibit 6. Mitigation in excess of what is required to compensate
for the projects proposed 40.6 acres of wetland impact has been provided.
A wetland maintenance and monitoring plan is included in Exhibits 6.1-6.33. The maintenance and
monitoring, and mitigation plan shall be conducted in accordance with Exhibits 6.1-6.33,9.
Turbidity, erosion, and sediment constrofs wit! utilized during any activity that occurs within wetlands, other
surface waters, or in areas that discharge into waters of the United States.
Cumulative Impact Assessment:
This project was evaluated in conjunction with other projects that have been permitted within the area. In
addition, the project has been evaluated for direct, secondary, and cumulative impacts and to determine if
the project is contrary to the public interest. The drainage improvements were designed to maintain
seasonal high elevations in order to prevent adverse impacts to the hydroperiods of potentially affected
wetlands. The mitigation provided for the adverse impacts associated with the proposed project IS located
within the same drainage basin where the wetland impacts are proposed. The mitigation provided for this
project offsets the wetland functions impacted as result of the activities proposed by this project. Based
on the proposed design, the District has determined the project will not cause secondary or cumulative
impacts to the water resources and is not contrary to the public interest.
~
App.no. : 980828-1
Page 8 of 18
1
Wetland Inventory :
CONCEPTUAL
NEW -Lely Area Improvement Project
ONSITE
Pre-Development Post-Development
Total Impacted Undisturbed Enhanced Preserved Restored!
Existing Created
Fresh Water Forested 130.60 40.60 1.40 88.60 88.60
Other Surface Waters 60.10 60.10
Salt Water Forested .00 1.60 1.60
Upland 138.70 .00 1.00 19.90 19.90
Total: 329.40 100.70 2.40 108.50 11 0.10 1.60
Wetland Inventory :
CONSTRUCTION MOD -Lely Area Improvement Project
ONSITE
Pre-Development
Post-Development
Total Impacted Undisturbed Enhanced Preserved Restored!
Existing Created .
Fresh Water Forested 130.60 40.60 1.40 88.60 88.60
,,--
Other Surface Waters 60.10 60.10
Salt Water Forested .00 .00 1.60 1.60
Upland 49.00 .00 1.00 19.90 19.90
Total: 239.70 100.70 2.40 108.50 11 0.10 1.60
In March 2003 the U.S. Fish and Wildlife Service (USFWS) issued a Section 7 letter for the proposed
project to the Corps of Engineers-:- The USFWS provided a determination of may affect, not likely to
adversely affect the wood stork. red cockaded woodpecker, Eastern indigo snake, and American
crocodile. USFWS provided a no effect determination for the West Indian manatee. A bald eagle nest tree
is located on private property about 300 feet west of the Lely Main Canal. This nest was documented as
being active in the 2001 and 2002 breeding seasons. The nest was documented as having fallen from the
nest tree in May 2002 and was not rebuilt at the time of surveys conducted by Kevin L. Erwin Consulting
Ecologists in December 2002 and January 2003.
In July 2002 a bald eagle management plan was provided to USFWS: A revised plan was submitted to the
Service in August 2002. In November 2002, the Corps revised the initial determination of may affect and
requested the Service initiate formal consultation. A final determination has not been issued to date. The
applicant is not proposing any construction activities within this area as part of Phase 1. Prior to initiating
construction beyond Phase I an eagle management plan will need to be provided that is consistent with
USFWS guidelines. approved by District, and provide reasonable assurances pursuant to 40E-4, F.A.C.
that Bald Eagles will not be adversely impacted by any future phases of development.
This permit does not relieve the applicant from complying with all applicable rules and any other agencies?
requirements if, in the future, additional endangered/threatened species or species of special concern are
discovered onsite.
App.no. : - 980828-1
Page 9 of 18
..--
""
Species
Potential Occurence
Reported Sightings
Preferred Habitat
Use Types
Nesting
Foraging
Nesting
Foraging
Foraging
Foraging
Foraging
Nesting
Foraging
Bald Eagle
Big Cypress Fox Squirrel
Eastern Indigo Snake
Gopher Frogs
Gopher Tortoises .
Red Cockaded Woodpecker
Preferred Habitat
Preferred Habitat
Preferred Habitat
Preferred Habitat
W oodstork
Reported Sightings
.~~G-~..-l~J~~~~~~c~&i~~~&Jib:cim;;;%~~JYk1~\~(t~L'i~;tii;I'{~t~lt,~ffHi.i~\:~.,.:~;:::.i.1i\:(Af~:~~~~~~fLf'...
A total of 110.6 acres of wetland restoration/enhancement are proposed to offset wetland impacts
associated with the proposed project. The wetland mitigation areas will be preserved through the dedication
of a conservation easement to the SFWMD. The mitigation area will be maintained in perpetuity by Collier
County Road Maintenance Department, Stormwater Management Section. Copy of the draft conservation
easement is included as Exhibits 7a-h.
The proposed project includes the construction of operable stormwater management structures. These
structures are equipped with gates which allow for lowering of water levels if needed after or in preparation
for a major storm event. Collier County and the District have completed a draft Memorandum of
Understanding related to operation of the control structures. This application requires operation of the
operable storm water management structures by Collier County in accordance with the MOU. Copy of tlie
draft MOU is enclosed as Exhibit 8a-r. It should be noted that preliminary discussions have occurred
between Collier County and the District concerning the District assuming limited responsibility at a future
time of primary components such as coastal structures. At this time, operation of all operable stormwaler
managemetn structures will be the responsibility of Collier County and in accordance with Special Condition
27.
Cr:R,.IF,iCATiQt'i1AN.wMAiNIgN.~g;tQf;1:tf~)VAt~.ffMANAGEMENTSYSTEJIJI:~/'i;;g;\:;~j~i;;.'.?f-i:~(.,;:~';:g;~'.\
It is suggested that the permittee retain the services of a Professional Engineer registered in the State of
Florida for periodic observation of construction of the surface water management (SWM) system. This will
facilitate the completion of construction completion certification Form #0881 which is required pursuant to
Section 10 of the Basis of Review for Environmental Resource Permit Applications within the South Florida
Water Management District, and Rule 40E-4361 (2), Florida Administrative Code (FAC.).
Pursuant to Chapter 40E-4 F.A.C., this permit may not be converted from the construction phase to the
operation phase until certification of the SWM system is submitted to and accepted by this District. Rule
40E-4.321 (7) FAC. states that failure to complete construction of the SWM system and obtain operation
phase approval from the District within the permit duration shall require a new permit authorization unless a
permit extension is granted.
For SWM systems permitted with an operating entity who is different from the permittee, it should be noted
that until the permit is transferred to the operating entity pursuant to Rule 40E-1.6107, FAC., the permittee
is liable for compliance with the terms of this permit.
The permittee is advised that the efficiency of a SWM system will normally decrease over time unless the
system is periodically maintained. A significant reduction in flow capacity can usually be attributed to partial
blockages of the conveyance system. Once flow capacity is compromised, flooding of the project may
result. Maintenance of the SWM system is required to protect the public health, safety and the natural
resources of the state. Therefore. the permittee must have periodic inspections of the SWM system
performed to ensure performance for flood protection and water quality purposes. If deficiencies are found,
it is the responsibility of the permittee to correct these deficiencies in a timely manner.
App.no. :. 980828-1
Page 10 of 18
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RELATED CONCERNS:
Water Use Permit Status:
The project does not require irrigation water. Application 030317-24 for short -term dewatering has been
determined complete by District staff and is scheduled for Governing Board approval.
This permit does not release the permittee from obtaining all necessary Water Use authorization(s) prior
to the commencement of activities which will require such authorization, including construction dewatering
and irrigation, unless the work qualifies for a No-Notice Short-Term Dewatering permit pursuant to
Chapter 40E-20.302(3) or is exempt pursuant to Section 40E-2.051, FAC.
Well Field Zone Of Influence:
The project is not located within the zone of influence of a wellfield.
Right.Of-Way Permit Status:
A Right-of-Way Permit is not required for this project.
DRI Status:
These projects are ORis (SFWMD 10 numbers 76-63 & 84-175). The Development Orders for these
ORis were issued by Collier County on September 14,1976 & May 21, 1985, respectively.
SWIM Basin:
The project is not within nor does it discharge directly to a designated SWIM basin.
Third Party Interest:
Letters from the Rookery Bay National Estuarine Research Reserve (RBNERR) were received May 20,
2002 and August 27,2002. In May 2002, RBNERR was concerned with the timing, duration and quantity
of freshwater entering the bay. In addition, RBNERR recommended the restoration of wetlands along the
RBNERR boundary, compliance with water quality criteria, and relocation of the proposed spreader lakes.
The subsequent RBNERR letter dated August 27, 2002 verified that the previous questions and concerns
had been addressed. RBNERR requested and has recieved continued coordination from Collier County
staff regarding the operations of thaproposed weirs and pump station.
Pollutant Loading calculations submitted with the application and reviewed by staff appear to be consistent
with the information in the August 2003 Evaluation of Alternative Stormwater Regulations for Southwest
Florida report which demonstrate the surface water management system reduces the post-development
loadings of storm water nutrients to levels equal to or less than the loadings generated under pre-
development conditions.
Enforcement:
There has been no enforcement activity associated with this application.
App.no. :' 980828-1
Page 11 of 18
~"..:.r ;,
STAFF RECOMMENDATION:
The Staff recommends that the following be issued:
Conceptual approval of an Environmenatl Resource Permit for a Surface Water Management System
serving a 329.4 acre stormwater .improvement project known as WMD6 Lely and Lely Manor with
discharge into waters of Dollar Bay and Rookery Bay and Construction and Operation authorization for
239.7 acres related to Phase I of the surface water management system, wetland impacts, and
mitigation of the project.
Based on the information provided, District rules have been adhered to.
Staff recommendation is for approval subject to the attached
General and Special Conditions.
DRAFT
Subject to Governing
Boortt Ap prOYal
STAFF REVIEW:
NATJJ.RAL RESq RCE MANAGEMENT DIVISION APPROVAL
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ENViONMEN :AL VALUATION S ERVISO
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! Ros~T. Mo on. P.W.S. /
I DIVISION DI~~~TOR : /.
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Robert G. Robbins
DATE:
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SURFACE WATER MANAGEMENT DIVISION APPROVAL
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SUPE~V.~_>O. /. //z./'~'
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William Fo'ley, e~~
DATE: / C j// /er";L::'-
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App.no: : . ~ 980828-1
Page 12 of 18
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GENERAL CONDITIONS
1. All activities authorized by this permit shall be implemented as set forth in the plans. specifications and
performance criteria as approved by this permit. Any deviation from the permitted activity and the
conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter
373. F .S.
2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications
shall be kept at the work site of the permitted activity. The complete permit shall be available for
review at the work site upon request by District staff. The permittee shall require the contractor to
review the complete permit prior to commencement of the activity authorized by this permit.
3. Activities approved by this permit shall be conducted in a manner which does not cause violations of
State water quality standards. The permittee shall implement best management practices for erosion
and pollution control to prevent violation of State water quality standards. Temporary erosion control
shall be implemented prior to and during construction, and permanent control measures shall be
completed within 7 days of any construction activity. Turbidity barriers shall be installed and
maintained at all locations where the possibility of transferring suspended solids into the receiving
waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations
until construction is compfeted and soils are stabilized and vegetation has been established. All
practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the
Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of
Environmental Regulation, 1988), incorporated by reference in Rule 40E-4.091, F.A.C. unless a
project-specific erosion and sediment control plan is approved as part of the permit. Thereafter the
permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosipn
or shoaling that causes adverse impacts to the water resources.
4. The permittee shall notify the District of the anticipated construction start date within 30 days of the
date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this
permit, the permittee shall submit to the District an Environmental Resource Permit Construction
Commencement Notice Form Number 0960 indicating the actual start date and the expected
construction completion date.
5. When the duration of construction will exceed one year, the permittee shall submit construction status
reports to the District on an annual basis utilizing an annual status report form. Status report forms
shall be submitted the following June of each year.
6. Within 30 days after completion of construction of the permitted activity. the permitee shall submit a
written statement of completion and :certification by a professional engineer or other individual
authorized by law, utilizing the supplied Environmental Resource/Surface Water Management Permit
Construction Completion/Certification Form Number 0881 A, or Environmental Resource/Surface
Water Management Permit Construction Completion Certification - For Projects Permitted prior to
October 3, 1995 Form No. 0881 B, incorporated by reference in Rule 40E-1.659. F .A.C. The
statement of completion and certification shall be based on onsile observation of construction or
review of as-built drawings for the purpose of determining if the work was completed in compliance
with permitted plans and specifications. This submittal shall serve to rtotify the District that the system
is ready for inspection. Additionally, if deviation from the approved drawings are discovered during the
certification process, the certification must be accompanied by a copy of the approved permit
drawings with deviations noted. Both the original and revised specifications must be clearly shown.
The plans must be clearly labeled as "as-built" or "record" drawings. All surveyed dimensions and
elevations shall be certified by a registered surveyor.
7. The operation phase of this permit shall not become effective: until the permittee has complied with
the requirements of condition (6) above, and submitted a request for conversion of Environmental
Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District
determines the system to be in compliance with the permitted plans and specifications; and the entity
App.no. : - 980828-1
Page 13 or 18
GENERAL CONDITIONS
approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for
Environmental Resource Permit Applications within the South Florida Water Management District,
accepts responsibility for operation and maintenance of the system. The permit shall not be
transferred to such approved operation and maintenance entity until the operation phase of the permit
becomes effective. Following inspection and approval of the permitted system by the District, the
permittee shall initiate transfer of the permit to the approved responsible operating entity if different
from the perm"ittee. Until the permit is transferred pursuant to Section 40E-1.6107, F.A.C., the
permittee shall be liable for compliance with the terms of the permit.
8. Each phase or independent portion of the permitted system must be completed in accordance with the
permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure
located within the area served by that portion or phase of the system. Each phase or independent
portion of the system must be completed in accordance with the permitted plans and permit conditions
prior to transfer of responsibility for operation and maintenance of the phase or portion of the system
to a local government or other responsible entity.
9. For those systems that will be operated or maintained by an entity that will require an easement or
deed restriction in order to enable that entity to operate or maintain the system in conformance with
this permit, such easement or deed restriction must be recorded in the public records and submitted
to the District along with any other final operation and maintenance documents required by Sections
9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South
Florida Water Management District, prior to lot or units sales or prior to the completion of the system,
whichever comes first. Other documents concerning the establishment and authority of the operating
entity must be filed with the Secretary of State, county or municipal entities. Final operation and.
maintenance documents must be received by the District when maintenance and operation of the
system is accepted by the local government entity. Failure to submit the appropriate final documents
will result in the permittee remaining liable for carrying out maintenance and operation of the permitted
system and any other permit conditions.
10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify
the District in writing of the changes prior to implementation so that a determination can be made
whether a permit modification is required.
11. This permit does not eliminate the necessity to obtain any required federal, state, local and special
district authorizations prior to the start of any activity approved by this permi.. This permit does not
convey to the permittee or create in the permittee any property right, or any interest in real property,
nor does it authorize any entrance upon or activities on property which is not owned or controlled by
the permittee, or convey any rights or privileges other than those specified in the permit and Chapter
4OE-4 or Chapter 40E-40, FAC..
12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence
any excavation, construction, or other activity involving the use of sovereign or other lands of the
State, the title to which is vested in the Board of Trustees of the Intemal Improvement Trust Fund
without obtaining the required lease, license, easement, or other form of consent authorizing the
proposed use. Therefore. the permittee is responsible for obtaining any necessary authorizations
from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned
lands.
13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work
qualifies for a general pennit pursuant to Subsection 40E-20.302(3), F.A.C., also known as the "No
Notice" Rule.
14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities
which may arise by reason of the construction, alteration, operation, maintenance, removal,
abandonment or use of any system authorized by the permit.
App.no. : - 980828-1
Page 14 of 18
lrr
GENERAL CONDITIONS
15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit
application, including plans or other supporting documentation, shall not be considered binding, unless
a specific condition of this permit or a formal determination under Section 373.421 (2), F.S., provides
otherwise.
16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other
transfer of ownership or control of a permitted system or the real property on which the permitted
system is located. All transfers of ownership or transfers of a permit are subject to the requirements
of Rules 40E.1.6105 and 40E-1.6107, F.A.C.. The permittee transferring the permit shall remain
liable for corrective actions that may be required as a result of any violations prior to the sale,
conveyance or other transfer of the system.
17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have
permission to enter, inspect, sample and test the system to insure conformity with the plans and
specifications approved by the permit.
18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee
shall immediately notify the appropriate District service center.
19. The permittee shall immediately notify the District in writing of any previously submitted information
that is later discovered to be inaccurate.
App.no. : .980828.1
Page 15 of 18
~
l~
SPECIAL CONDITIONS
1. The conceptual phase of this permit shall expire on October 14, 2006.
The construction phase of this permit shall expire on October 14, 2009.
2. Operation of the surface water management system shall be the responsibility of the permittee. Prior
to transfer of title for any portion of the project to a third party modification of the permit will be
required.
3. Discharge Facilities: In accordance with the specifications detailed in Exhibit 11
4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality
problems that result from the construction or operation of the surface water management system.
5. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do
not occur in the receiving water.
6. The District reserves the right to require that additional water quality treatment methods be
incorporated into the drainage system if such measures are shown to be necessary.
7. Lake side slopes shall be no steeper than 4:1 (horizontal:vertical) to a depth of two feet below the
control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control
elevation to insure vegetative growth, unless shown on the plans.
8. FaciJitiesother than those stated herein shall not be constructed without an approved modification of
this permit.
9. A stable, permanent and accessible elevation reference shall be established on or within one hundred
(100) feet of all permitted discharge structures no later than the submission of the certification report.
The location of the elevation reference must be noted on or with the certification report.
10. The permittee shall provide routine maintenance of all of the components of the surface water
management system in order to remove all trapped sediments/debris. All materials shall be properly
disposed of as required by law. Failure to properly maintain the system may result in adverse flooding
conditions.
11. This permit is issued based on the applicant's submitted information which reasonably demonstrates
that adverse water resource related impacts will not be caused by the completed permit activity.
Should any adverse impacts caused by the completed surface water management system occur, the
District will require the permittee to provide appropriate mitigation to the District or other impacted
party. The District will require the permittee to modify the surface water management system, if
necessary, to eliminate the cause of the adverse impacts.
12. Prior to the commencement of construction, sediment and erosion controls shall be installed at the
perimeter of the wetland/upland buffer areas to prevent encroachment into the protected areas. The
permittee shall notify the District's Environmental Resource Compliance staff in writing upon
completion of the installation and schedule an inspection of this work. The installation and location of
the sediment, erosion, and/or turbidity controls shall be subject to District staff approval. The permittee
shall modify the location and installation if District staff determines that it is insufficient or is not in
conformance with the intent of this permit. Sediment, erosion, and/or turbidity controls shall remain in
place until all adjacent construction activities are complete.
13. An average 25' wide, minimum 15', buffer of undisturbed upland vegetation shall be maintained
between the proposed development and existing wetlands as depicted on the approved construction
plans. Buffers shall be staked and roped and District environmental staff notified for inspection prior
to clearing.
14. Upon the submittal of future construction phases, the permittee shall submit a report detailing the
status of previously permitted wetland impacts and wetland mitigation areas. In addition, the applicant
shall also provide updated wetland jurisdictional determinations verifed in the field by District staff and
App.no.: . 900828-1
Page 16 of 18
1 r"
C
SPECIAL CONDITIONS
updated listed species surveys for each area included within the project area requesting construction
approval.
15. Prior to the commencement of construction resulting in wetland impacts and in accordance with the
work schedule in Exhibit No.9, the permittee shall submit two certified copies of the recorded
conservation easement for the mitigation area and associated buffers. The data should also be
supplied in a digital CAD (.dxf) or GIS (ESRI Coverage) format. The files should be in the Florida
State Plane coordinate system, East Zone (3601) with a data datum of NAD83, HARN with the map
units in feet. This data should reside on a CD or floppy disk and be submitted to the District's
Environmental Resource Compliance Division in the service area office where the application was
submitted.
The recorded easement shall be in substantial conformance with Exhibit 7a-h. Any proposed
modifications to the approved form must receive prior written consent from the District. The easement
must be free of encumbrances or interests in the easement which the District determines are contrary
to the intent of the easement. In the event it is later determined that there are encumbrances or
interests in the easement which the District determines are contrary to the intent of the easement, the
permittee shall be required to provide release or subordination of such encumbrances or interests.
16. A monitoring and maintance program shall be implemented in accordance with Exhibit Nos 6.1-6.33,9
for the 10 acre, 99 acre, and 1.6 acre mitigation areas. The monitoring and maintenance program
shall extend for a period of at least 5 years with annual reports submitted to District staff. At the end
of the first monitoring period the mitigation area shall contain an 80% survival of planted vegetation.
The 80% survival rate shall be maintained throughout the remainder of the monitoring program, witn
replanting as necessary. If native wetland, transitional, and upland species do not achieve an 80%
coverage within the initial two years of the monitoring program, native species shall be planted in
accordance with the maintenance program. At the end of the 5 year monitoring program the entire
mitigation area shall contain an 80% survival of planted vegetation and an 80% coverage of desirable
obligate and facultative wetland species.
17. A time zero monitoring report for the 1.6 acre creation area shall be conducted in accordance with
Exhibit No 6.33. The plan shall include a survey of the areal extent, acreage and cross-sectional
elevations of the created area and panoramic photographs for each habitat type. The report shall also
include a description of planted species. sizes, total number and densities of each plant species within
each habitat type as well as mulching methodology.
18. The conservation areas depicted on Exhibits 7a-h may in no way be altered from their natural or
permitted state. Activities prohibited within the conservation areas include, but are not limited to:
construction of placing buildings on or above the ground; dumping or placing soil or other substances
such as trash; removal or destruction of trees, shrubs, or other vegetation with the exception of exotic
vegetation removal and activities allowed under the permit authorization.
19. A maintenance program shall be implemented in accordance with Exhibit Nos.6.1-6.33 for the 99
acre, 10 acre, and 1.6 acre mitigation areas on a regular basis to ensure the integrity and viability of
those areas as permitted. Maintenance shall be conducte" in, perpetuity to ensure that the
conservation area is maintained free from Category 1 exotic vegetation (as defined by the Florida
Exotic Pest Plant Council at the time of permit issuance) immediately following a maintenance activity.
Coverage of exotic and nuisance plant species shall not exceed 5% of total cover between
maintenance activities. In addition, the permittee shall manage the conservation areas such that
exotic/nuisance plant species do not dominate anyone section of those areas.
20. Endangered species, threatened species and/or species of special concern have been observed
onsite and/or the project contains suitable habitat for these species. It shall be the permittee's
responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and/or the
U.S. Fish and Wildlife Service for appropriate guidance, recommendations and/or necessary permits
to avoid impacts to listed species.
App.no. :. 980828-1
Page 17 of 18
SPECIAL CONDITIONS
21. The District reserves the right to require remedial measures to be taken by the permittee if monitoring
or other information demonstrates that adverse impacts to onsite or offsite wetlands, upland
conservation areas or buffers, or other surface waters have occurred due to project related activities.
22. Grass seed or sod, shall be installed and maintained on all disturbed areas within 48 hours of
completing final grade, and at other times, as necessary, to prevent erosion, sedimentation or turbid
discharges into receiving waters and/or adjacent wetlands.
23. The Permittee shall be required to demonstrate in subsequent construction applications that Bald
Eagles will not be adversely impacted pursuant to 40E-4, FAC. If Bald Eagles are present, an Eagle
Management Plan will need to be provided and approved by District staff. No clearing or grading shall
be conducted during the nesting season within the primary (750') and secondary (1500') zones unless
otherwise approved and all construction activities shall be coordinated with the Florida Fish and
Wildlife Conservation Commission and the US Fish and Wildlife Service.
24. The Urban Stormwater Management Program (Exhibit Nos.12.0-12.5) shall be included as part of the
operating procedures for this project.
25. The Permittee shall utilize the criteria contained in the Construction Pollution Prevention Plan (Exhibit
Nos. 13.0-13.9) and on the applicable approved construction drawings for the duration of the projects
construction activities.
26. Exhibits Nos. 12.0-12.5 and 13.0-13.9 incorporated by reference and shall be retained in the permit
file.
27. Operable stormwater management structures are the responsibility of Collier County and shall be
completed in accordance with Exhibits 8a-r.
28. Exhibit Nos. 2.01 - 2.94, Lely Area Storm water Improvement project plans are hereby attached by
reference.
~The authorization for construction of the surface water management system is issued pursuant to the
l7 water quality net improvement provisions referenced in Rule Section 40E-4.303(1), Florida
Administrative Code; therefore, the state water quality certification is waived.
App.no:: - 980828-1
Page 18 of 18
~
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STAFF REPORT DISTRIBUTION LIST
WMD 6 LEL Y AND LEL Y MANOR
Application No: 980828-1
Permit No: 11-01140-S
INTERNAL DISTRIBUTION
EXTERNAL DISTRIBUTION
X Ross T. Morton, P.W.S. - 7420
X William Foley, P.E. -7420
X A. Waterhouse - 4220
X C. Tears - 7440
X ERC Engineering - 7420
X ERC Environmental - 7420
X Fort Myers Backup File - 7420
X J. Golden - 4210
X Permit File
X R. Robbins - 4250
X Permittee - Collier County Board Of County
Commissioners
X Agent - Law Engineering And Environmental Services
Inc
GOVERNMENT AGENCIES
Mr. HarkJey R. Thornton
Mr. Hugh English
Mr. Kevin McCarty
Mr. Lennart Lindahl
Mr. Michael Collins
Mr. Nicolas Gutierrez, Jr.
Ms. Irela Bague
Ms. Pamela Brooks-Thomas
Ms. Trudi Williams
X Collier County - Agricultural Agent
X Collier County Engineer Engineering Review Services
X Div of Recreation and Park - District 8 - FDEP
X FDEP
X Florida Fish & Wildlife Conservation Con:emission -
Imperiled Species Mgmt Section
GOVERNING BOARD MEMBERS
OTHER INTERESTED PARTIES
X Audubon of Florida - Charles Lee
X Florida Wildlife Federation - Nancy Anne Payton
X Leonore Reich
X Ricardo A. Valera, P.E. Transportation Services
Division
X S.W.F.R.P.C. Marisa Morr
X Water Management Institute - Michael N. Vanatta
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BARBARA BLVD. .'..' ,'-:::-::::: ,: d/sv<<<\
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RATTLESNAKE HAMMOCK RD;---1
Note: Base map and mitigation site infonnation received
from Agnor~ Barber & Brundage, Inc. and Collier County
Government Websile.
Kevin L. Erwin
Consulting Ecologist, Inc.
EXIDBIT 5 ~=:;:_::Myars ~ 33V01 ~:7=
pn.w c:..-., 110MllNpfjD ..,.. 21 ~. t Md ,
....... ec..nrrw. V-'M .
=iQure G-1. Proposed mitigation site locations
10 "
APPENDIX G
ENVIRONMENTAL IMPACTS AND PROPOSED MITIGATION PLANS
EXIllBIT <D. I
Appendix G: Environmental Impacts And Proposed Mitigation Plans
10f
APPENDIX G
ENVIRONMENTAL IMPACfS AND PROPOSED MITIGATION PLANS
G.1 ENVIRONMENTAL IMP ACTS
G.1.a Introduction
The proposed Lely Area Stormwater Improvement Project consists of improvements to the
existing drainage system for the 11, 135:l:-acre East Naples area which fonned the major portions
of the fonner Water Management District # 6 area. Careful design of the project has avoided
wetland impacts where possible and minimized unavoidable wetland impacts to the maximum
extent practicable while still meeting the overall project purpose. A detailed discussion of the
alternatives that have been considered as part of this process is presented in the Region 1 through
7 narratives. The construction of these facilities will result in unavoidable impacts to some
wetlands, The process used to delineate these wetlands and assess their functional capacity, as
well as the proposed compensatory wetland mitigation plan, are described below.
G.1.b Wetland Assessment
A significant quantity of information is available regarding the distribution of wetlands
throughout the project area. Substantial portions of Regions 2, 4, and 6 contain existing
developments. WilsonMiller has mapped the uplands and wetlands in the majority of
undeveloped portions of Regions 3 and 7 as part of their work on the proposed Santa Barbara
extension. WilsonMiller has also delineated wetlands in the southeasterly half of Region 5 in
association with the Lely Lakes project. Kevin L. Erwin Consulting Ecologist, Inc. has
previously delineated the wetlands in the northwesterly portion of Region 5 and all of Region 1
as part of the Sabal Bay project.
In several locations, the existing mapping described above did not provide adequate coverage for
proposed impact areas. At these locations additional mapping was undertaken. Mapping was
also revisited at the locations of proposed impacts to insure that the delineation of the wetlands
within and immediately adjacent to the proposed facilities was accurate.
The wetland and upland communities in these various areas were mapped using the Florida Land
Use, Cover and Forms Classification System (FLUCCS) mapping nomenclature. WilsonMiller
and Kevin L. Erwin Consulting Ecologist, Inc. used a slightly different adaptation of the 1985
edition ofFLUCCS. Therefore, a unified FLUCCS code list was prepared for this project to
insure that similar habitats have the same FLUCCS designation across the project (Table G.l).
The extent of exotic species infestation was also documented. Areas that typically contained
greater than 85 percent cover by exotics and less than 15 percent cover by native vegetation were
mapped based on the dominant exotic (i.e. FLUCCS Code 424 for melaleuca monocultures).
The resulting vegetation and land use maps are included in the Phase 1 Construction and
Conceptual Plan set. Table G.6, "Wetland Impact Summary by Region" is also provided at the
end of this Appendix.
EXHIBIT'.~
Appendix G - Environmental Impacts And Proposed Mitigation Plans
2
Table G.!. OVERALL PROJECf FLUCCS CODE LEGEND
FLUCCS Code
100
110
1 19
120
121
129
130
139
140
144
172
175
177
182
186
210
213
214
240
243
247
250
261
310
321
322
324
411
414
416
419
421
422
424
426
427
428
434
437
511
513
514
515
525
526
527
528
542
612
617
621
Habitat Type
Urban and built-up
Residential - low density
Residential- low density under construction
Residential - medium density
Mobile home units
Residential-medium density under construction
Residential - high density
Residential-high density under construction
Commercial and services
Cultural and entertainment
Religious institutions
Government facility
Other institutional
Golf courses
Community recreational facilities
Cropland and pastureland
Woodland pasture
Row crops
Nurseries and vineyards
Active nursery
Abandoned nursery
Specialty farms (horses. kelUlels. dairies. other)
Fallow cropland
Herbaceous/rangeland - rock outcrop
Palmetto prairies
Coastal scrub
Saltbush shrubland
Pine flatwoods-palmetto understory
Pine - mesic-oak
Pine flatwoods-graminoid understory
Scrubby pine flatwoods
Xeric oak
Brazilian pepper
Melaleuca
Tropical hardwoods
Live oak
Cabbage palm
Hardwood - conifer, mixed
Australian pine
Tidal creek
Ditch
Drainage canals and ditches
Drainage swales and similar features
Cattle watering pond '" ,
Borrow pit ponds
Stormwater management lakes
Stormwater management detention/retention areas
Inland tidal ponds
Mangrove swamps
Mixed wetland hardwoods
Cypress
EXHIBIT ,-~
Appendix G - EnYironmentallmpacts And Proposed 1\'litigation Plans
3
624
625
630
640
641
6411
6412
6417
642
6429
643
6461
650
740
742
743
7461
7462
748
7481
7482
811
814
8145
8146
8147
821
822
830
831
832
8321
8322
8323
8324
8325
8341
Cypress-pine-cabbage palm
Hydric pine flatwoods
Mixed wetland hardwoods and conifers
Vegetated non-forested wetlands
Freshwater marsh
Freshwater marsh, sawgrass dominant
Freshwater marsh, cattail dominant
Shrub marsh
Saltwater marsh
Saltwater marsh, shrub dominant
Wet prairie
Scrub/shrub wetland - willow/wax myrtle assoc.
Saltern
Disturbed land
Borrow area
Spoil area
Disturbed lands, herbaceous cover
Disturbed lands, shrub and brush cover
Previously cleared land
Previously cleared land, herbaceous cover
Previously cleared land. shrub and brush cover
Airports
Roads and highways
Improved. unpaved roads
Primitive dirt roads/trails
Unimproved, unpaved roads/trails
Transmission towers
Communications facilities
Utility
Electric power facilities
Electric power transmission line
Electric power transmission line-herbaceous cover
Electric power transmission line-forested cover
Electric power transmission line-shrub/brush cover
Electric power transmission line-access road
Electric power transmission line-water bodies
Sewage treatment plant
Mod(/iers:
EI := 10-24 % exotics
E2 = 25-49 % exotics
E3 = 50-75 % exotics
E4 = > 75 % exotics
D = Disturbed (fiU, logging, clearing, nuisance species, etc), not including exotics or drainage
G.l.c WRAP Impact Scoring
The Wetland Rapid Assessment Procedure (WRAP) methodology was utilized to score the
wetland functions of areas proposed for impact. A summary of the WRAP scoring is presented,
below as Table G-2.
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EXHIBIT'.'
Appendix G - Em'ironmentallmpacts And Proposed J\1itigalion Plans
8
100'
G.2 \VETLAND MITIGATION PLAN
G.2.a Introduction
Over the past several years, the Collier County Stonnwater Management Department (County)
has met ,vith the regulatory agencies to discuss the proposed project, including the required
wetland mitigation plan. The County has been directed to provide compensatory mitigation
within the 11.135-:f: acre project area. Mitigation opponunities are limited in the southern and
central portions of the project area due to existing development, real estate prices, and limited
availability ofland for sale by wiJJing sellers. However, the County has pursued two parcels in
the northeastern portion of the study area. A 10.1:f: acre parcel (Section 9, Township 50 South,
Range 26 East) was purchased by Collier County. The County is negotiating a two-year option
to purchase an adjoining 99.2:1: acre parcel (Section IS, Township 50 South, Range 26 East).
Both parcels are contiguous to other existing wetland mitigation areas (Figure G.I). A third area,
the remainder of the existing Lely Canal downstream of the proposed outfall spreader lake, has
also recently become available for use as wetland mitigation. The existing conditions of these
mitigation parcels and the proposed wetland mitigation plan are described below.
G.2.b Existing Site Conditions
Both the 10:f:-acre parcel and the 99:f:-acre parcel consist primarily of wetlands and are typical of.
the types of wetlands found throughout the Lely Area Stonnwater Improvement Project. Each
parcel was mapped using the FLUCCS mapping nomenclature (Figure G.2 and Table G.3) and
evaluated using WRAP (Table G.4). The extent of exotic species infestation was also
documented and labeled as follows:
El 10 - 24 % coverage by exotics
E2 25 - 49 % coverage by exotics
E3 50 - 75 % coverage by exotics
E4 > 75 % coverage by exotics
Areas that typically contained -greater than 85 percent cover by exotics and less than 15 percent
cover by native vegetation were mapp~d based on the dominant exotic (i.e. FLUCCS Code 424
for melaleuca monocultures). The dominant habitat types occurring on these two parcels are
described below.
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EXHIBIT '.'1
Appendix G - Environmental Impacts And Proposed Mitigation Plans
9
Table G.3. Ten acre and 99:: acre parcels existing vegetation summary
~10 r
FLUCCS Habitat Acres Percent of Acres Percent of
Code Total Total
321 Palmetto Prairie - - 2.2 2.2
411 Pine Flatwoods - - 17.7 17.8
416. Pine Flatwoods, Graminoid 3.8 37.6 22.1 22.3
Understory
424. Melaleuca 2.7 26.7 56.6 57.1
621. Cypress 2.3 22.8 - -
624. Cypress-Pine-Cabba2e Palm 1.2 11.9 - -
743 Spoil Areas 0.1 1.0 - -
814 Roads and Highways - - 0.6 0.6
TOTAL . 10.1 100.0 99.2 100.0
10:1: Acre Parcel
99:1: Acre Parcel
* Wetland
Palmetto Prairie (FLUCCS Code 321)
This upland community is dominated by a thick saw palmetto understory with widely scattered
slash pines. Other plants present include bracken fern, grapevine, smilax, fetterbush, and
pennyroyal.
Pine Flatwoods (FLUCCS Code 411)
This upland community type occurs as small islands scattered across the 99:1:-acre parcel. A
canopy of slash pine and an understory of thick saw palmetto ranging 3 to 7 feet tall dominate it.
Other plant species present include scattered live oak and cabbage palm, beautyberry, grapevine,
winged sumac, and pennyroyal. Exotics, primarily melaleuca and Brazilian pepper, are also
present in varying densities
Pine Flatwoods. Graminoid Understory (FLUCCS Code 416)
This transitional wetland community is the dominant wetland type in the eastern half of the 99:1:-
acre parcel. Slash pine and melaleuca are the dominant canopy species. The mid-story varies
depending on the location but typically consists primarily of melaleuca, pine, and cypress
saplings. Scattered saw palmetto, dahoon holly, cabbage palm, and swamp bay are also present.
The ground cover stratum varies depending on the density of melaleuca in the canopy and mid-
story strata. In more open areas species such as swamp fern, little blue maidencane, yellow-eyed
grass, Florida three-awn, saw-grass, and 'grapevine are present. In areas of dense exotics, ground
cover consist primarily of bare ground / duff with scattered patches of the species listed above.
Melaleuca (FLUCCS Code 424)
The majority of the western half of the 99:1:-acre parcel contains this highly disturbed wetland
habitat. Melaleuca is the dominant species in all three strata. Widely scattered pine and cypress
are also present. Ground cover is primarily bare ground / melaleuca duff with scattered small
patches of swamp fern. This area was probably historically either hydric pine flatwoods or a
cypress - pine mix that has become dominated by this problematic exotic.
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Appendix G: En\'ironmentallmpacts And Proposed :\liligalion Plans
11
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Cypress (FLUCCS Code 621 )
This wetland community is located on the 1Of:-acre parcel. Cypress dominates both the canopy
and the mid-story. Widely scattered cabbage palm, slash pine, dahoon holly, and swamp bay are
also present. Melaleuca is common in the mid-story. The ground cover stratum is typically
composed of species such as swamp fern, sawgrass, Virginia chain fern, and melaleuca seedlings.
Cypress-Pine-Cabbal!e Palm (FLUCCS Code 624)
Wetland areas in this category are also located on the 100000-acre parcel. These areas are vegetated
by a mixture of slash pine and cypress. Melaleuca dominates the mid-story. Ground cover
species include swamp fern, sawgrass, beakrush, and wiregrass. In areas of dense exotics ground
cover is primarily bare ground I melaleuca duff.
Sooil Areas (FLUCCS Code 743)
This disturbed upland habitat is located along the south edge of the 1 O::I:-acre parcel. The berm is
vegetated primarily by melaleuca with scattered cabbage palm, slash pine, beautyberry, and
grapevine. There is a 10 feet wide gap in this berm, located approximately 160 feet from the east
property comer that allows surface water to drain from the wetlands to the north into the adjacent
canal.
Roads and Hil!hwavs (FLUCCS Code 814)
A narrow strip ofland that has been improved as part of the CR 951 expansion is located along
the east boundary of the 99:f:-acre parcel. This area consists of the sodded side slope of the road.
The 1.6:f: acre mitigation area located at the downstream end of the existing Lely Canal channel
consists of two FLUCCS Codes (Figure G.3). Each is described below.
Draina2e Canal and Ditches (FLUCCS Code 514)
This area is the existing excavated Lely Canal channel. It is primarily open water with a narrow
fringe of Brazilian pepper and mangrove.
Sooil Area (FLUCCS Code 743)
This upland area is the spoil berm I maintenance road associated with the canal. It is maintained
on a periodic basis and is vegetated by a variety of weedy species.
G.2.c Adjacent Land Uses
Consideration of adjacent land uses is an important component is the design and placement of a
successful wetland mitigation project. Adjacent land uses have been evaluated and are favorable
for both the 10:f: acre and 99:f: acre parcels and for the 2:f:-acre mangrove restoration area.
The majority of the perimeter of the 10::1: acre and 99:f: acre parcels consist of existing wetland
mitigation areas (Figure G.!). To the south of the 99:f: acre parcels is the 154:f: acre mitigation
area for the Naples Lakes Country Club project. To the north is the 86:f:-acre mitigation area for
The Club Estates. That mitigation area also forms the east boundary ofthe 1 Q:f:-acre parcel. The
north and west sides of the 10::1: acre parcel consists of the 261:f:: acre mitigation area for the
Naples Heritage Golf and Country Club project.
The 1.6:f: acre mangrove restoration area has also been sited in an appropriate location (Figure
G.3). To the west is a good quality tropical hardwood hammock, to the east and south are
existing mangroves, and to the north is the proposed outfall spreader lake. While no
development plans have heen app~ved for the surrounding P"E'XffiBTT ".11.
~- 'I
Appendix G: Enyironmentallmpacls And Proposed Mitigation Plans 12
spreader lake aDd the quality ofihe adjacent habitats it is unlikely that future develupment would lOG
be permitted immediately adjacent to the proposed mangrove restoration site.
G.2.d Wetland Mitigation Plan
The enhancement proposed for the 10:l: acre and 99:1: acre parcels is similar in nature and will
discussed together. The activities proposed at the 1.6:1: acre site are substantially different and
will therefore be discussed separately.
lO:l: Acre and.99:1: Acre Parcels
The mitigation proposed on these lands is the enhancement of wetlands via hydrologic
improvements, exotic species control and native plant establishment, and the preservation of
existing native uplands. The implementation of this component of the mitigation plan will result
in the enhancement of 14.8:l: acres of cypress, 49.S:l: acres of cypress - pine, and 24.3:1: acres of
hydric pine flatwoods and the enhancement and preservation of 19.9:l: acres of native uplands on
the two parcels. Each aspect of the plan is described below.
The wetlands are currently drained via a breach in the berm along the north side of a canal that
forms the south and west boundaries of the mitigation sites (Figure G.2). This breach is
approximately 10 feet wide and is lower than the natural grade of the adjacent wetland. This
allows the canal to directly drain surface water from these wetlands. Since the canal doesn't
connect to anything water levels in the canal and therefore the adjacent wetlands are currently
controlled by adjacent ground surfaces at elevation 9:l: NGVD. As described in the Region 7
narrative, the improvements to the canal system in this area consists of improving the existing
- \ berm (to prevent over topping and minimize subsurface flows to the extent practicable) and
replacing the existing breach with a gated weir. The weir has been set at the existing seasonal
high water elevation (9.4 feet NGVD) and has sufficient width to pass peak storm events without
causing upstream flooding. This weir will also prevent direct surface drainage of the wetlands
below elevation 9.4 feet NGVD and thereby extend the hydroperiod of these wetlands. This
control elevation is compatible with the existing wetland mitigation areas to the east, north, and
west of the structure. Not only will the proposed weir enhance the hydrology of the wetlands on
the 10:l: acre and 99:l: acre parcels, it will also positively affect the hydrology of the surrounding
conservation lands.
Significant portions of both properties ,have become dominated by exotic species, primarily
melaleuca. In areas of greater than SO percent cover by exotics the melaleuca will be controlled
via either mechanical clearing or hand cutting. Care will be taken to minimize damage to non-
target native vegetation and disturbance to the soil. In areas with less than SO percent cover by
exotics, the exotics will be removed by hand. Exotic trees will be cut just above natural grade
and the stump treated with an appropriate herbicide. Treatment will occur within one hour of
cutting to ensure maximum uptake of the herbicide. The dead nfatedal will either be removed
from the site or will be stacked in place and allowed to decompose. Herbicides will be used in
strict accordance with label directions by trained applicators. Care will be taken to reduce
damage to non-target native species to the maximum extent practical. Treatment of exotics will
also occur in the native upland communities on the 99:l:-acre parcel.
'-'I
Once the exotics have been treated the wetlands will be planted, as needed, by native species.
Based on available information, a conceptual planting plan has been prepared (Figure G.4). The
most deeply inundated portions of the site will he planted wiEX mell ". ( ')
Appendix G: Environmental Impacts And Proposed Mitigation Plans
13
1 ,~,
will be planted with slash pine. Intermediate elevations will be planted by a mix of cypress and
pine. Prior to planting, additional topographic information will be obtained. This information
and the distribution of existing native vegetation will be used to fine-tune the planting plan. The
trees will be container grown, three feet in height, and planted in a random pattern at densities of
200 trees per acre. In areas where live native trees are present, those trees will count towards the
required planting density. Ground cover species will be installed at densities of 4,840 plants per
acre in areas that contain less than 33 percent cover by native ground cover species following
exotic treatment. The species to be installed may include sand cordgrass, panicum grasses, spike
rush, wiregrass, sawgrass, swamp fern, pickerelweed, and arrowhead. The final species list will
be based upon site-specific conditions and on plant material availability at the time of planting.
1.6:1:: Acre Mangrove Restoration Site
The portion of the existing Lely Canal and associated maintenance road will be recontoured to
match the natural grade of the existing mangrove community to the southeast (Figure G.5). Once
final grades are attained, the area will be planted with salt marsh cordgrass in order to stabilize
the substrate. Mangroves will become established in the area via natural recruitment from the
surrounding mangrove system. If, after two growing seasons mangroves do not become
established, then mangroves will be planted.
A WRAP analysis has also been conducted to determine the amount of increase in wetland
function and value associated with the restoration plan (Table G.5). This analysis indicates that
the mitigation areas will contain 82.81 functional units at the successful completion of the
mitigation program. The existing condition WRAP analysis (Table GA) documents that 48.81
functional units currently exist on the three sites. Therefore, the proposed wetland mitigation
plan produces 34.0 functional units of wetland mitigation (82.81 (post enhancement) - 48.81
(existing) = 34.0 functional units produced).
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Appendix G: En\'ironmentallmpacts And Proposed !\litigation Plans
15
In
C.2.e Wetland Mitigation Maintenance Plan
A routine maintenance plan will be initiated upon the completion of the initial exotic treatment and
native plant installation. For the first two years following the initial treatment each mitigation area
will be inspected twice a year and all exotic and/or nuisance species will be treated. After the second
year, inspections and treatments will be conducted annually during the dry season.
G.2.f Wetland Mitigation Monitoring Plan
The proposed monitoring of the enhanced freshwater and restored mangrove wetlands will consist of
time-zero monitoring and annual monitoring of vegetation, The time-zero report will document the
conditions immediately following wetland restoration (i.e., exotic removal and restoration area
plantings). The annual reports will document the extent of success of the project and, if needed,
identify specific actions to be taken to improve conditions within the project area. Sampling stations
and methodology of data collection will remain the same for all monitoring events.
G.2.f(l) Vegetation Monitoring
The vegetation within the wetlands will be monitored using the line intercept methodology. A 300:i::
feet long transect will be established in representative portions of each wetland area. A measuring
tape will be stretched along the transect and the plants occurring directly below (ground cover) and
above (mid-story and canopy) the tape will be recorded at 3:i:: feet intervals along the transect. Ground
cover species include woody vegetation less than three feet in height and all non-woody plants. Mid-
story vegetation consists of all woody plants greater than three feet in height and less than 4 inches' .
DBH. Canopy species consist of woody vegetation greater than 4 inches DBH. Bare ground and
open sky will also be recorded in this manner. The resulting data will be used to calculate percent
cover of the three strata.
G.2.f(2) Wildlife Monitoring
Regular observations offish and wildlife will be made during all monitoring events by qualified
ecologists. This will consist ofrecording evidence and signs of wildlife (i.e., direct sighting,
vocalization, nests, tracks, droppings, etc.).
G.2.f(3) Photographic Documentation
Permanent fixed-point photograph stations will be established in each of the monitored areas thereby
providing physical documentation of the condition and appearance of an area, as well as any changes.
taking place within it. Panoramic photographs will ,accompany vegetation data in each report.
Locations of photo stations will remain the same throughout the duration of the monitoring program
G.2.f(4) Rainfall and Staff Gauge Recordings
A staff gauge will be established at each of the freshwater mitigation sites. Water levels will be
recorded twice a month during the wet season (June - September) and once a month during the dry
season (October- May). A rain gauge will also be established in the vicinity of the two freshwater
sites. The mangrove restoration area is tidally influenced. Therefore staff gauge and rainfall data is
not required for this component of the mitigation plan.
EXHIBIT ,.(~
Appendix G: En\'ironmentallmpacls And Pn:lposed Mitigation Plans
16
G.3
WETLAND FUNCTION BALANCE
.J.U6
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The project proposes impacts, which will result in the loss of25.8 functional units. These losses will
be offset by the above-described mitigation program, which will generate 34 functional units. The
1.6::t acre mangrove mitigation area, as well as basin-wide water quality improvements and the
significant hydrologic enhancements described in the Region 5 narrative. will provide additional
mitigation benefits.
G.4 VEGETATION ASSOCIATIONS & LAt'\D USES (FLUCCS CODES) DESCRIPTIONS
The following list identifies the range ofFLUCCS communities found within the overall project area.
100: lTrban and built-up
Urban and built-up land consists of areas of intensive use with much of the land occupied by man-
made structures.
110: Residential- low densitv
This category describes residential parcels that contain single-family dwellings.
119: Residential-low densitv under construction
This category describes residential parcels that contain single-family dwellings that are currently
under construction.
120: Residential- medium densitv
This category describes residential areas with between two and five dwelling units per acre.
122: Mobile home units
This category describes areas with mobile home units as dwellings.
129: Residential-medium densitv under construction
This category describes residential areas with between two and five dwellings per acre that are
currently under construction.
130: Residential- hieh density
This category describes residential areas with more than six dwelling units per acre.
139: Residential-hi2h densitv under construction
This category describes residential areas with more than six dwelling units per acre that are currently
under construction.
EXHIBIT~."
Appendix G: Environmental Impacts And Proposed Mitigation Plans
17
140: Commercial and services
10r-'
. 'i,,~, ~
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This category describes the various commercial and service-oriented businesses within the project.
144: Cultural and entertainment
This category includes both indoor and open-air theaters (such as motion picture theaters and those
for live theatrical performances) and museums. Recreational facilities such as skating rinks and
tennis courts liJ;e not included in this category.
172: Relieious institutions
This category describes religious facilities including churches and schools.
175: Government facilitv
All buildings and facilities which are identifiable as non-military governmental are included in this
class.
177: Other institutional
This category is reserved for facilities, which are unique in structure and location. In many cases,
supplemental data is required for their correct identification; e.g. Elks Club, Masonic Lodge, V.F.W.,
etc.
182: Golf counes
This category includes golf course fairways, green$ and rough areas, clubhouse and maintenance
facilities.
186: Community recreational facilities
This category includes tennis courts, swimming pool, and associated recreational areas within
developments.
210: Cronland and Pastureland
This category includes agricultural land that is managed for the production of row or field crops and
improved, unimproved and woodland pastures. Pasture land is used more or less for permanent
livestock grazing.
211: Improved Pasture
This is land that has been previously cleared, fenced, and periodically maintained (mowed, grazed) to
support cattle.
EX.H I BIT t.f'
Appendix G: Environmental Impacts And Proposed Mitigation Plans
18
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213: Woodland pasture
These areas of forestlands are used as pastures. Strong evidence of cattle activity, such as trails to
feed bunkers, salt licks, and watering areas is required.
214: Row crops
This category describes areas currently using row crop for agricultural production
240: Nurseries and vineyards
This category is composed of nurseries, floricultural areas and seed-and-sod areas used perennially
and generally not rotated with other uses.
243: Active nursery
This category is defined as plants or shrubs grown for decorative effects.
247: Abandoned nurserv
This category includes areas that once were in production for nursery plants. The land is no longer
used for nursery purposes and has been abandoned.
250: Specialty farms (horse farm)
Specialty farms includes a variety of special or unique farming activities such as thoroughbred horse
farms, dog kennels and aquiculture.
261: Fallow cropland
This category includes harvested agricultural land not currently in crop production.
262: Low Pasture
This disturbed transitional wetland community consists of previously cleared agricultural land that
has become colonized with wetland species. Weedy wetland plants such as wax myrtle, marsh
pennywort, frogfruit, carpet grass, and torpedo-grass are often common.
310: Herbaceous. raneeland-rock outcrop
This category includes upland prairie grasses, which occ1J,r 01} non-hydric soils but may be
occasionally inundated by water. These grasslands are generally treeless with a variety of vegetation
types dominated by grasses, sedges, rushes and other herbs including wiregrass with some saw
palmetto present.
321: Palmetto prairies
These are areas in which saw palmetto is the most dominant vegetation. This cover type is usually
found on seldom-flooded dry sand areas. These treeless areas are often similar to the pine flatwoods
but without the presence of pine trees.
EXHIBIT,."
Appendix G: Environmental Impacts And Proposed Mitigation Plans
19
/'-.."
322: Coastal scrub
This scrub category represents a wide variety of species found in the coastal zone. A few more
common components are saw palmetto, sand live oak, myrtle oak, railroad vine, bay bean, sea oats,
sea pursuance, sea grape, Spanish bayonet and prickly pea. This cover type is generally found in dune
and white sand areas.
324: Saltbush scrubland
This vegetation community is a marsh with predominantly a shrub component. The shrub component
is a combination of wax myrtle and saltbush in varying densities throughout these areas. Cattail and
scattered buttonwood are also present.
411: Pine flatwoods - palmetto underston'
The pine flatwoods-palmetto understory class is dominated by a slash pine canopy. The common
flatwoods mid-story species include saw palmetto, wax myrtle, gallberry and a wide variety of herbs
and brush.
414: Pine - mesic oak
This category occurs on moister sites, where slash pine grows in strong association with a wide
variety of mesic oaks and other hardwood species. Laurel oak commonly grows along side slash pine
under mesic conditions. Gallberry, wax myrtle and saw palmetto are among the common mid-story
species.
416: Pine flatwoods - 2raminoid understory
A slash pine canopy with scattered cabbage palm, myrsine, wax myrtle, and dahoon holly in the mid-
story dominates these areas. Ground cover species often include wiregrass, yellow-eyed grass, swamp
fern, Caesar-weed, panic grasses, muhly grass, sawgrass, rush fuirena, St. John's-wort, and blue
maidencane. Saw palmetto, when present, is widely scattered. Vines include muscadine grape,
poison ivy, and catbrier, Exotic invaders such as melaleuca and Brazilian pepper often occur in
varying amounts throughout this type of habitat.
419: Scrubbv pine flatwoods
The dominant tree species are slash pine,. scrub oak. sand live oak, myrtle oak, and Chapman's oak.
The understory is dominated by saw palmetto and also contains rusty lyonia, and running oak..
421: Xeric oak
In the xeric oak community scrub oak, sand live oak. myrtle oak, and Chapman's oak are the dominant
tree species. Ground cover and mid-story within the area consists of running oak, rosemary, rusty
Iyonia, gallberry, buckthorn, pennyroyal, saw palmetto, and various lichens. Areas of exposed sandy
soil are frequent.
EXHIBIT '.'&-O
Appendix G: Environmental Impacts And Proposed Mitigation Plans
20
422: ,Brazilian pepper
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This exotic, pestilent tree species is commonly found on disturbed sites, this native of Brazil is also an
aggressive invader of Florida's plant communities. Communities of these shrub-like trees are often
established along borrow-pits, levees, dikes and in old disturbed fields.
424: 'Melaleuca
This exotic tree species occurs in almost pure stands. It is an aggressive competitor; invading and
often taking over a site, forming a dense, impenetrable stand. Melaleuca generally is an indicator of a
disturbed site.
426: Tropical hardwoods
This forest cover type is also refered to as tropical hammock. The common components of this
community typically include some combination of gumbo-limbo, mastic, stoppers, wild lime, strangler
fig, lancewood, poisonwood, sea grape, marl berry and wild tamarind.
427: Live oak
This forest community has a canopy dominated by live oak. Associates of this cover type include
dahoon holly, laurel oak, redbay, and cabbage palm. Other vegetation in this area includes swamp
fern, gallbeny, wax myrtle, myrsine, wild coffee, and scattered saw palmetto.
,-
428: Cabbal!e palm
The area is nearly pure or predominantly cabbage palm and is found on sandy soils. Associates
include a wide variety of large and small hardwoods, In south Florida, cabbage palm may be strongly
associated with slash pine, and often occurs between areas of slash pine (FLUCCS 411) and cypress
(FLUCCS 621). Shrubs may include wax myrtle, beautyberry, Brazilian pepper, and myrsine.
434: Hardwood - conifer. mixed
---<I
This upland community is dominated by both oaks (live oak and laurel oak) and slash pine. Cabbage
palm is also present in the mid-story. Ground cover is typically dominated by saw palmetto with
areas vegetated by grape vine, swamp fern, green brier, and wild coffee.
437: Australian pine
Contrary to its name, this species is actually a hardwood. Its name is derived from its needle-like
leaves and its characteristic cone shaped crown structure. Australian pine was introduced to south
Florida from Australia and is colonizing northward to the Tampa Bay area. It is common on disturbed
sites, forming dense thickets, and is frequently planted as wind breaks and soil stabilizers.
511: Tidal creek
This other surface water occurs at the down stream end of the basin. These creeks are lined by red
mangroves on either side.
EXHIBIT~.1.1
Appendix G: ED\'ironmentallmpacts And Proposed Mitigation Plans
21
1
513: Ditch
This category includes linear water bodies, specifically man-made small to medium-sized drainage
ditches. The ditches are maintained largely free of vegetation. When present, vegetation consists
primarily of cattail, torpedograss and spikerush.
Common mid-story species associated with ditches on site include: melaleuca, Brazilian pepper,
willow, wax myrtle, myrsine and cabbage palm. Ground cover species include: cattail, water hyssops,
swamp fern, S.t. John's-wort, dotted smartweed, sundew, spikerush and widely scattered royal fern.
514: Draina2e canals & ditches
This category includes linear water bodies, specifically man-made canals and man-made small to
medium sized drainage ditches. The canals and drainage ditches are maintained largely free of
vegetation. When present, vegetation primarily consists of cattail, torpedograss, and spikerush.
515: Draina2e swales and similar features
These areas represent shallow drainage swales, drainage depressions, ditches, or similar shallow
drainageways and often include berms along side these flowways. They are subject to intermittent
inundation for variable lengths of time. Because of lack of maintenance, young trees and shrubs may
establish themselves to the point of forming a scattered mid-story stratum. The ground cover stratum
is dominated by a wide variety of roderals and may have many open barren areas. Hydrophytes can
dominate lower areas and may become prevalent during the wet season. Since these areas are
undergoing primary succession, overall species composition is highly variable. '
525: Cattle waterin2 pond
This category represents an upland-cut cattle watering pond.
526: Borrow pit ponds
This category includes man-made open water areas that were formed by excavation for extraction of
fill or for agricultural purposes. These areas are present only on the Lely Lakes property. The
majority of these areas are found immediately west of the FPL easement near the north property
boundary of the Lely Lakes property. These areas are predominantly shallow with minimal
vegetation. Vegetation, when present, ,consists of torpedograss, cattail, and scattered spikerosh,
beakrush, and sawgrass.
527: Stormwater mana2ement lakes
These areas are man-made open water bodies actively used as part of the stormwater management
system.
528: Stormwater mana2ement detention/retention areas
These areas are similar to stormwater management lakes (FLUCCS 527) but are much more shailow
than the lakes. They are also man-made excavations actively used as part of the stonnwater
management system
EXH 18 IT (,.tJ.
Appendix G: Environmental Impacts And Proposed Mitigation Plans
221 ;'1,"
\-,)
542: Inland tidal pond
This category consists of embayments that do not open directly into the Gulf of Mexico. These tidal-
influenced ponds are void of vegetation and typically surrounded by mangrove swamps and other salt-
tolerant species.
612: Manerove swamp
This coastal hardwood community is comprised of black mangrove, and/or red mangrove, which are
pure or predominant. The major associates include white ,mangrove, buttonwood, cabbage palm and
sea grape.
617: Mixed wetland hardwoods
In this forested wetland community no one single species is dominant. The dominant canopy species
include cypress, red maple, laurel oak, swamp bay, cabbage palm, willow, and slash pine. The mid-
story typically contains canopy species saplings, myrsine, and waxmyrtle. Ground cover is typically
comprised of species such as swamp fern, leather fern, crinum lily, sedges, grape vine, green brier,
and other wetland herbaceous species.
621: Cypress
This community is composed primarily of bald cypress, which is either pure or predominant in the
canopy. Red maple, laurel oak, redbay occurs occasionally. Dahoon holly, cabbage palm, and wax'
myrtle occur in the mid-story. Ground cover species may include swamp fern, chain fern, buttonbush,
royal fern, pickerelweed, arrowhead, giant beakrush, buttonbush, and sawgrass.
624: Cypress-pine-cabbaee palm
This community includes cypress, pine and/or cabbage palm in combinations in which neither species
achieves dominance. Mid-story and groundcover are usually similar to FLUCCS 416.
Exotic invaders such as melaleuca and Brazilian pepper often occur in varying amounts throughout
this type of habitat.
625: Hvdric pine flatwoods
These areas are similar to FLUCCS 416; pine tlatwoods-graminoid understory but occur at lower
elevations and within hydric soil mapped units. These areas contain a slash pine canopy with
scattered cypress, cabbage palm, myrsine, wax myrtle, and dahoun holly in the mid-story. Ground
cover species often include wiregrass, sawgrass, swamp fern, ~h fyriena, maidencane, muhly grass,
panic grasses and St. John's-wort in the groundcover. Exotic invaders such as melaleuca and
Brazilian pepper often occur in varying amounts throughout this habitat.
630: Mixed wetland hardwoods and conifers
This category includes mixed wetlands forest communities in which neither hardwoods' nor conifers
achieve a 66% dominance of the crown canopy composition. These areas typically have a mix of
slash pine, cypress, cabbage palm, red maple, pop ash, laurel oak, sweet bay, and swamp bay. Mid-
EXHIBIT ".1.\
Appendix G: Environmental Impacts And Proposed Mitigation Plans
..:1
~
23
story species include dahoon holly, wax myrtle, and myrsine. Ground cover typically is comprised of
sawgrass, swamp fern, shield fern, chain fern, beakrush, wild coffee. and swamp lily.
641: Freshwater marsh
The communities included in this category are locally almost always surrounded by cypress.
Freshwater marsh communities are characterized by having one or more dominant species. The most
common species in southwest Florida include sawgrass, cattail, arrowhead, or fire flag. A liD"
appended to this FLUCCS code indicates "disturbed". Disturbances to the marsh have resulted from
cattle use. Vegetation in the disturbed marsh area consists of smartweed, camphor-weed, climbing
hempvine, and pickerelweed.
6411: Freshwater marsh. saw~rass dominant
This category is found only on the FDEP property. These marshes are dominated by sawgrass. Other
species include scattered aggregations of buttonwood, wax myrtle, and saltbush.
6412: Fresh water marsh. cattail dominant
This freshwater marsh vegetation community contains predominantly cattails, considered a nuisance
plant species.
6417: Shrub marsh
Shrub marsh habitat is dominated by Carolina willow. This species dominates both the canopy 'and.
mid-story strata. Ground cover species typically include saw-grass, pickerelweed, arrowhead, and
cattail.
642: Saltwater marsh
This category is found only on the FDEP property. These marshes are not dominated by anyone
species. Vegetation includes sawgrass, cordgrass, and false-willow.
6429: Saltwater marsh. shrub dominant
This vegetation community is a saltwater marsh with predominantly a shrub component. The shrub
component is dominated with wax myrtle. Other species present include saltbush, black needle rush,
black mangrove (<5% cover), willow, leather fern, swamp fern, and sawgrass.
643: Wet prairie
This classification is composed predominately of grassy vegetation on hydric soils and is usually
distinguished from marshes by having less water and shorter herbage.
6461: Scrub/shrub wetland - willow/wax mvrtle
The canopy stratum in this habitat is largely absent. The mid-story is composed of willow in the
depressions and wax myrtle and saltbush in the shallower fringes. The groundcover is composed of
various hydrophytic grasses and forbs.
EXHIBIT".z.~
Appendix G: Em'ironmentallmpacts And Proposed Mitigation Plans
24
10 _.
650: Saltern
Salterns are found in the high salt marsh in areas of very high soil chloride concentrations. Most of
the area consists of bare ground. Small patches of glasswort and sea purselane may also be present.
740: Disturbed land
This category contains land that has been previously cleared by human activities. Vegetation, when
present, includes assorted grasses, scattered tickseed, dog fennel, and ragweed.
742: Borrow areas
This land use is found only on the Lely Lakes property. This shallow area was excavated to create the
adjacent primitive dirt trail. The area is predominantly void of vegetation. However, where present,
vegetation is comprised of torpedo grass and cattail.
743: Spoil areas
Spoil areas were created from excavation of borrow areas and ditches. Most spoil areas do not have
canopy species present but may have Brazilian pepper and melaleuca present in the mid-story. Ground
cover species are limited to scattered invading grasses and ruderals.
7461: Disturbed lands. herbaceous cover
This category contains areas that have been disturbed in the past and are currently dominated by various
upland and wetland grasses, weeds and vines.
7462: Disturbed lands. shrub and brush cover
This category contains areas that have been disturbed in the past and are currently dominated by a mid-
story of various shrub and brush species.
748: Previouslv cleared land
This area is south of the FDEP property and was previously cleared for creation of an elevated dirt
road. The area was recently restored to the adjacent wetland grade. Although the area has been
restored, it is predominantly void of vegeta,tion.
7481: Previouslv cleared land. herbaceous cover
These areas were previously cleared of canopy and mid-story species. Most areas are void of canopy
species but may have widely-scattered Brazilian pepper, wax. myrtle, melaleuca and saltbush present
in the mid-story. Ground cover species are limited to grasses, sedges and invading ruderals.
7482: Previouslv cleared land. shrub and brush cover
These previously cleared areas are void of canopy species. Mid-story species include Brazilian
pepper, wax. myrtle, slash pine, cypress, melaleuca and saltbush. Groundcover species are limited to
grasses and sedges and invading ruderals.
EX.HIBIT(,.l~
Appendix G: ED\'ironmental Impacts And Proposed Mitigation Plans
25
C:i(
811: Airports
This category was used for the private aircraft runway associated with the Wing South development
off Rattlesnake Hammock Road.
1
814: Roads and hiehwavs
This category includes all asphalt paved roads and highways.
8145: Improved. unpaved roads
This land use is found only on the Lely Lakes property. These are unpaved rural roadways comprised
of soil (typically sand), crushed shells, and/or crushed limestone. Most have drainage swales or
ditches running along either side of the roadway.
8146: Primitive dirt roads/trails
This category is found only on the Lely Lakes property and is applied to off-road dirt trails and
"roads" wide enough to segregate in mapping. They lack drainage improvements and a stabilized sub-
grade. These trails and roads tend to be narrow and are used by infrequent vehicular and/or
pedestrian traffic. The trails are predominantly non-vegetated. When vegetation is present, it is
limited to scattered invading grasses and ruderals.
8147: Unimproved. unpaved road
These areas are unimproved, unpaved rural roadways comprised of soil with no crushed shell and/or
limestone base. Most have drainage swales or ditches running along either side of the roadway.
821: Transmission towers
Microwave towers are typical in this category
822: Communications facilities
This category includes transmitter stations, telephone exchanges, antenna fanns, etc.
830: Utility
Utilities usually include power-generating facilities and water treatment plants including their related,
facilities such as transmission lines for electric generation plants and aeration fields for sewage
treatment sites. Small facilities of those associated with an industrial commercial or extractive land
use are included within these larger respective categories.
831: Electric power facilities
This category includes hydropower, thennal, nuclear, gas turbine plants, transforrne~, yards, sub-
stations, etc.
EX.H I B IT,.L(.
Appendix G: Environmental Impacts And Proposed Mitigation Plans
26
1~
"'~
..
832: Electric power transmission line
This category is reserved for linear Florida Power and Light Company electric transmission
easements.
8321: Electric power transmission line-herbaceous cover
This category is used to map areas cleared along the electric power line easement where there are few
shrubs and trees present but there remains significant cover by herbaceous plant species. This occurs
along the FPLeasement on the Lely Lakes property and adjacent FDEP properties. These areas are
dominated by ruderal herbaceous vegetation. Woody species, including small trees and shrubs, do
occur but are widely scattered and do not achieve dominance. Plant species composition can vary
depending on topography, hydrologic conditions, adjacent undisturbed plant communities, and
frequency of maintenance (e.g. bush-hogging, mowing, clearing, etc.).
8322: Electric power transmission line-shrublbrush cover
This category is used to describe areas cleared along the FPL power line easement where there are
scattered shrubs and/or young sapling trees remaining. In some places there is no canopy stratum
present and the area is dominated by smaller woody species (shrub and brush cover) which often are
not large enough to form a true mid-story stratum. In other areas, trees or canopy stature remain and
for sufficient cover to designate the area as forested. The ground cover consists of a variety of ruderal
herbaceous vegetation and smaller woody species (willow, Brazilian pepper). Species composition
can vary depending on topography, hydrologic conditions, adjacent undisturbed plant communities'"
and frequency of maintenance (e.g. bush-hogging, mowing, clearing, etc.). Following a maintenance
event, these areas could be re-classified as FLUCCS 8321.
8323: Electric power line-forested cover
This FLUCCS category is used to map areas along the electrical power line easement where a forested
system still remains. Species composition can vary tremendously depending on location along the
electrical power line easement, topography, hydrologic conditions, and adjacent undisturbed plant
communities. The sub-canopy in these areas is predominantly Brazilian pepper with willow and
saltbush in lower areas.
8324: Electric power lines - access road
This land use is the access road that was created along the electrical power line easement. The access
road is comprised of soil (typically sand), crushed shells, and/or crushed limestone. A drainage swale
and/or ditch runs along either side of the road.
8325: Electric Dower lines - water bodies
This FLUCCS category is used to map man-made open water areas along the electrical power line
easement. These areas are found oIlly on the Lely Lakes property at the north end of the FPL
easement. These water bodies were formed by excavation for extraction of fill or for agricultural
purposes. The areas are predominantly void of vegetation, however, when present, vegetation
consists of torpedograss, cattail, and scattered spikerush, beakrush (Rhynchospora spp.), and
, '
sawgrass.
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PROPOSED
MITIGATION
AREA'
--- .'
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411
-
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MmGATION AREA FLUCFCS LEGEND
FLUCFCS HABITAT ACRES
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Kevin L. ElWin. .
Consulting 'Ecologist, Inc.
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B .. Potential Other Waters
D Wetland Outside the Mitigation Al88
Figure G-3. Mangrove restoration miti ation area existing conditi
e
e
lOG'
DRAFT DOCUMENT
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT is given this day
of , 20_. by Collier County Board of County Commissioners
(address) 3301 Tamiami Trail East. Naples. FL 34114 , ("Grantortl)
to the South Florida Water Management District ("Grantee"). As used herein, the term
Grantor shall inc,lude any and all heirs, successors or assigns of the Grantor, and all
subsequent owners of the "Property" (as hereinafter defined) and the term Grantee shall
include any successor or assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Collier County.
Florida, and more specifically described in Exhibit A, a sketch and legal description of the
99 acre parcel of land situated south of the Club Estates (a subdivision recorded in Plat
Book 31, Pages 78-80) and referred to as the "North parcel" in the N1/2 of Section 15,
Township 50 South, Range 26 East, Collier County, Florida; Exhibit B, a sketch and legal
description for a 10 acre parcel referred to as Tract C5 of the Naples Heritage Golf and
Country Club Phase One (a subdivision recorded in Plat Book 26, Pages 73-80) located
at the north end of the Wing South Airpark runway in Section 9, Township 50 South,
Range 26 East. Collier County. Florida; Exhibit C, a sketch and legal description for a 1.6 .
acre parcel located at the terminus of the existing Lely Main Branch Canal in Section 25,
Township 50 South, Range 25 East, Collier County, Florida; and Exhibit 0 (location map
identifying all three mitigation parcels within the Lely Area Stormwater Improvement
Project) attached hereto and incorporated herein ("Property"); and
WHEREAS. the Grantor desires to construct the (name of project) Lelv Area
Storrnwater Improvement Proiect ("Project") at a site in Collier County, which is subject
to the regulatory jurisdiction of South Florida Water Management District ("Districf'); and
WHEREAS, District Permit f>lo. ("permif') authorizes certain
activities which affect surface waters in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve and/or mitigate
wetlands under the District's jurisdiction; and
WHEREAS, the Grantor has developed and prbposed as part of the permit
conditions a conservation tract and maintenance buffer involving preservation of certain
wetland and/or upland systems on the Property; and
Standard Passive Recreation fonn - July, 2001
Page I of5
EXHIBIT 7',
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DRAFT DOCUMENT
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is
agreeable to granting and securing to the Grantee a perpetual conservation easement as
defined in Section 704.06, Florida Statutes (2000), over the Property.
NOW, THEREFORE, in consideration of the issuance of the Permit to construct
and operate the permitted activity, and as an inducement to Grantee in issuing the
Permit, together with other good and valuable consideration, the adequacy and receipt of
which is hereby acknowledged, Grantor hereby grants, creates, and establishes a
perpetual conservation easement for and in favor of the Grantee upon the Property which
shall run with the land and be binding upon the Grantor, and shall remain in full force and
effect forever:
The scope, nature, and character of this conservation easement shall be as
follows:
1. It is the purpose of this conservation easement to retain land or water areas
in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and
to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or
upland areas included in the conservation easement which are to be enhanced or created
pursuant to the Permit shall be retained and maintained in the enhanced or created
conditions required by the Permit.
To carry out this purpose, the following rights are conveyed to Grantee by this
easement:
a. To enter upon the Property at reasonable times with any necessary
equipment or vehicles to enforce the rights herein granted in a manner that will not
unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the
time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent
with this conservation easement and to enforce the restoration of such areas or features
of the Property that may be damaged by any inconsistent activity or use.
2. Except for restoration, creation, enhancement, maintenance and monitoring
activities, or surface water management improvements, which are permitted or required
by the Permit, the following activities are prohibited in or on the Property:
a. Construction or placing of buildings, roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground;
Standard Passive Recreation form - July, 2001
Page 2 of5
EXHIBIT1<:'
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DRAFT DOCUMENT
ii. Such facilities and improvements shall be constructed and
maintained utilizing Best Management Practices;
iii. This conservation easement shall not constitute permit
authorization for the construction and operation of the passive
recreational facilities. Any such work shall be subject to all
applicable federal. state. District or local permitting requirements.
4. No right of access by the general public to any portion of the Property is
conveyed by this conservation easement.
5. Grantee shall not be responsible for any costs or liabilities related to the
operation, upkeep or maintenance of the Property.
6. Grantor shall pay any and all real property taxes and assessments levied by
competent authority on the Property.
7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions
and restrictions of this conservation easement shall be borne by and recoverable against
the nonprevailing party in such proceedings.
8. Enforcement of the terms, provisions and restrictions of this conservation
easement shall be at the reasonable discretion of Grantee. and any forbearance on
behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by
Grantor. shall not be deemed or construed to be a waiver of Grantee's rights hereunder.
9. Grantee will hold this conservation easement exclusively for conservation
purposes. Grantee will not assign its rights and obligations under this conservation
easement except to another organization qualified to hold such interests under the
applicable state laws.
10. If any provision of this conservation easement or the application thereof to .
any person or circumstances is found to be invalid, the remainder of the provisions of this
conservation easement shall not be affected thereby, as long as the purpose of the
conservation easement is preserved.
11. All notices, consents, approvals or other eommunications hereunder shall
be in writing and shall be deemed properly given if sent by United States certified mail,
return receipt requested, addressed to the appropriate party or successor-in-interest.
Standard Passive Recreation form - July, 2001
Page 40f5
EXH I BIT lc1(.)
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DRAFT DOCUMENT
12. This conservation easement may be amended, altered. released or revoked
only by written agreement between the parties hereto or their heirs, assigns or
successors-in-interest, which shall be filed in the public records in Collier County.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms,
conditions, restrictions and purpose imposed with this conservation easement shall be
binding upon Grantor, and shall continue as a servitude running in perpetuity with the
Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
Property in fee simple; that the Property is free and clear of all encumbrances that are
inconsistent with the terms of his conservation easement and all mortgages have been
joined or subordinated; that Grantor has good right and lawful authority to convey this
conservation easement; and that it hereby fully warrants and defends the title to the
conservation easement hereby conveyed against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, Collier County Board of County Commissioners has
hereunto set its authorized hand this day of ,20_.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk
BY:
BY:
Deputy Clerk
Donna Fiala, Chairman
(Attest as to Chairman's
signature only.)
Approved as to form
and legal sufficiency:
BY:
Thomas C. Palmer,
Assistant County Attorney
South Florida Water Management District
Legal FOnT! Approved:
Date: July, 2001
Modified by Collier County March 2004
Standard Passive Recreation fonn - July, 200)
Page 5 of5
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BEFORE THE GOVERNING BOARD OF THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
1'1,,-
t " r ",'
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IN RE:
ORDER NO. SFWMD 02-
DAO-SWM
MEMORANDUM OF UNDERSTANDING BETWEEN SOUTH FLORIDA WATER
MANAGEMENT DISTRICT, AND COLLIER COUNTY GOVERNMENT, FLORIDA,
TO OPERATE WATER CONTROL STRUCTURES OF THE LELY AREA
STORMWATER IMPROVEMENT PROJECT IN ANTICIPATION OF OR IN
RESPONSE TO DEFINED EMERGENCY TRIGGERS (SFWMD PERMIT NO. 11-
, LELY AREA STORMWATER IMPROVEMENT PROJECT, COLLIER
COUNTY)
Pursuant to Chapter 373, Florida Statutes and the rules promulgated thereunder, this
Memorandum of Understanding (hereinafter referred to as MOU) for the operation of a Public
Stormwater Management System for the Lely Area Stormwater Improvement Project
(hereinafter referred to as LASIP) in anticipation of, or in response to, defined emergency
triggers is being entered into by the South Florida Water Management District (hereinafter
referred to as SFWMD), and Collier County Government, Florida (hereinafter referred to as
COUNTY), by mutual consent and without this MOU constituting a waiver of any authority by
SFWMD under Chapter 373, Florida Statutes.
STATEMENT OF FACTS
1. SFWMD is a public corporation of the State of Florida existing by virtue of Chapter
25270, Laws of Florida, 1949, and operating pursuant to Chapter 373, Florida Statutes,
and Title 40E, Fla. Administrative Code, as a multipurpose water management district
with its principal office at 3301 Gun Club Road, West Palm Beach, Florida, 33406.
SFWMD is authorized to enter into agreements pursuant to Section 373.083, Florida
Statutes.
2. The COUNTY is a political subdivision of the State of Florida, created in 1923 by the
Florida Legislature and- given those powers enumerated in Article VIII, Section I, of the
Constitution of Florida, as amended and supplemented and applicable provisions of
Chapter 125, Florida Statutes. The principal office of the COUNTY is located at 3301
East Tamiami Trail, Naples Florida 34112.
3. SFWMD and COUNTY desire to hereby arrive at an understanding that will establish
guiding principles for the regulation and usage of each operable control structure for the
benefit of the COUNTY, provided that the operatitm of all operable LASIP control
structures as identified in Attachment" A ", is carried out in accordance with the terms,
conditions and defined emergency trigger/parameters contained in the Permit. Such
Emergency Structure Operation is proposed by the COUNTY in order to alleviate
flooding wherever possible without causing unacceptable adverse water resource impacts.
9RUX?R~1
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Page 1 of 15
APPUCATIO}j NUMBER
_ FORT MYERS SERVICE CENTER
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MEMORANDUM OF UNDERSTANDING AND AG
COUNTY RESPONSIBILITIES
S SERVICE: CENTER
4. COUNTY shall strictly 'comply with the conditions contained in any SFWMD permit for
the operation of all LASIP Emergency Structures and this MOD. COUNTY shall be
required to obtain a Permit modification from SFWMD, and if applicable, a modification
to this MOD for the conStruction and operation of any Emergency Structure(s) not
currently permitted for such use.
5, COUNTY will be the sole contact agency to SFWMD for the operation of the LASIP
Emergency Structures. All requests to operate the LASIP Emergency Structures are to
come from only COUNTY and not the residents of developments in the area. It shall be
COUNTY's obligation to inform all residents of the provisions of this MOD.
6. COUNTY shall at all times maintain lock mechanisms on the control mechanisms for the
LASIP Emergency Structures in order to prevent unauthorized operation. COUNTY
shall provide SFWMD/Big Cypress Basin field maintenance staff with a copy of the key
or code necessary to unlock same.
7. COUNTY shall be responsible for the enforcement of the prohibition against
unauthorized or improper operation of the LASIP Emergency Structures. If it is
determined by SFWMD that operation of the LASIP Emergency Structures were
improper or unauthorized, COUNTY shall take whatever steps are necessary to ensqre
the LASIP Emergency Structures are closed and secured if instructed to do so by
SFWMD, until a mutually acceptable solution is agreed upon by the parties.
8. During the review process of COUNTY's application to construct and operate the LASIP
Emergency Structures, which is resulting in the issuance of an Environmental Resource
Permit ("Permit"), COUNTY and SFWMD considered what adverse flooding and water
resource impacts, if any, the operation of the LASIP Emergency Structures may have on
downstream users. This joint consideration resulted in a finding that no significant
adverse flooding or water resource impacts are anticipated to the downstream system
users. However, if in the reasonable opinion of SFWMD, an unacceptable and adverse
impact of a nature prohibited by the applicable Permit, Chapter 373 or SFWMD rule,
does occur or is anticipated to occur to downstream system users as a result of the
operation of the LASIP Emergency Structures, SFWMD may, at its discretion, prohibit
the continued operation of the Emergency Structure until such time as COUNTY receives
SFWMD approval by either an amendment to the Permit and/or this MOD in order to
eliminate such unacceptable and adverse impact.
9. COUNTY shall consider water conservation each time it operates or requests
authorization from SFWMD to operate the LASIP Emergency Structures. It is the intent
of both COUNTY and SFWMD to conserve fresh water supplies.
10. Requests to operate the LASIP Emergency Structures at any stages other than those listed
in the Permit or Attachment A of this MOD, may be considered by SFWMD if there is a
APPLICATION NU~BER EX H I BIT ~ ~
9 8 0 8 .2 8 "P 1 Page 2 of 15
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declared emergency or disaster in effect. Such declaration may be issued by a
governmental entity or agency. In addition, SFWMD may determine that conditions
adversely impacting public health, safety, welfare or property exist which warrant
operation of the LASIP Emergency Structures.
11. All LASIP Emergency Structure operational activities contemplated by this MOD shall
be implemented as set forth in the plans, specifications and performance criteria as set
forth in the Permit. Any deviation from the authorized activities and the conditions for
undertaking said activities will constitute a violation of the Permit, this MOD, and Part
IV, Chapter 373, Fla. Stat.
12. COUNTY shall require the contractor that it uses to install the LASIP Emergency
Structures and COUNTY's staff to review and become familiar with the terms and
conditions of the Permit and this MOD.
13. Activities contemplated by this MOD or the Pennit shall be conducted in a manner that
does not cause violations of State water quality standards. COUNTY shall implement
best management practices for erosion and pollution control to prevent violation of State
water quality standards at the LASIP Emergency Structure sites. Temporary erosion
control shall be implemented prior to and during construction of the LASIP Emergency
Structures and pennanent control measures shall be completed within 7 days following
such construction activity. Turbidity barriers shall be installed and maintained at all
locations where the possibility of transferring suspended solids into the receiving.
waterbody exists due to the work authorized by the Permit. Turbidity barriers shall
remain in place at all locations until such LASIP Emergency Structure construction is
completed and soils are stabilized and vegetation has been established. All practices shall
be in accordance with the guidelines and specifications described in Chapter 6 of the
Florida Land Development Manual; A Guide to Sound Land and Water Management
(Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E-
4.091, Fla. Admin. Code, unless a project-specific erosion and sediment control plan is
approved as part ofthe Permit. COUNTY shall correct any LASIP Emergency Structure
construction or operational related erosion or shoaling that causes adverse impacts to the
water resources.
14.
Within 30 days after completion of construction of the authorized Permit activity,
COUNTY shall submit a written statement of completion and certification by a registered
professional engineer or other appropriate individual as authorized by law. The statement
of completion and certification shall be based on on-site observation of construction or
review of as-built drawings for the purpose of determining if the work was completed in
compliance with pennitted plans and specifications. The'submittal shall serve to notify
SFWMD that the LASIP Emergency StrUctures are ready for inspection. Additionally. if
deviation from the approved drawings is discovered during the certification process, a
copy of the approved drawings must accompany the certification with deviations noted.
Both the original and revised specifications must be clearly shown. The plans must be
clearly labeled as "as-built" or "record" drawing. A registered surveyor shall certify all
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FORT MYERS SERVICE CENTER
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15. Should any other regulatory agency require changes to the construction or operation of
the LASIP Emergency Structures, COUNTY shall notify SFWMD in writing of the
changes prior to implementation so that a determination can be made whether a
modification to the Permit and/or MOU is required. Changes requiring a modification to
the Permit and/or this MOU shall not be made until approved by the SFWMD.
16. This MOU does not eliminate the necessity to obtain any required federal, state, local and
special district authorizations prior to the start of any activity approved by this MOD.
This MOU does not convey to COUNTY or create in COUNTY any property right, or
any interest in real property, nor does it authorize any entrance upon or activities on
property which is not owned or controlled by COUNTY, or convey any rights or
privileges other than those specified in the MOU and Chapter 40E-4 or Chapter 40E-40,
Fla. Admin. Code.
17. COUNTY shall obtain a Water Use Permit prior to LASIP Emergency Structure related
construction dewatering, if applicable, unless the work qualifies for a General Permit
pursuant to subsection 40E-20.302(4), Fla. Admin. Code, also known as the "No Notice"
rule.
18. COUNTY shall hold and save SFWMD hannless from any and all damages, claims, or
liabilities that may arise by reason of the alteration, operation, maintenance, removal,
abandonment or use of the LASIP Emergency Structures authorized by this MOD.
Nothing contained herein shall be construed as a waiver by COUNTY of the liability
limits established in Section 768.28, Fla. Stat.
19. COUNTY shall notify SFWMD in writing within 30 days of any sale, conveyance, or
other transfer of ownership or control of the LASIP Emergency Structures or the real
property on which the LASIP Emergency Structures are located. All transfers of
ownership are subject to the requirements of Rules 40E-1.6105 and 40E-1.6107, Fla.
Admin. Code. COUNTY shall remain liable for corrective actions that may be required
as a result of any violations prior to the sale, conveyance or other transfer of the property
containing the LASIP Emergency Structures or the ownership or control of the LASIP
Emergency Structures.
20. Upon reasonable advance notice to COUNTY, SFWMD's authorized staff with proper
identification shall have permission to enter, inspect, sample and test the LASIP'
Emergency Structures to ensure their conformity with the plans and specifications
authorized by the Permit.
21. If historical or archeological artifacts are discovered at any time on the project site,
COUNTY shall immediately notify SFWMD's West Palm Beach Service Center.
22. COUNTY shall immediately notify the SFWMD's Environmental Resource Compliance
Department, in writing, of any previously submitted LASIP Emergency Structure
information that is later discovered to have been inaccurate at the time of submission.
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SFWMD RESPONSIBILITIES
23. SFWMD shall coordinate with COUNTY following receipt of a request from COUNTY
for authorization to operate the LASIP Emergency Structures, and shall respond within a
reasonable time period, in order to ensure the operation is in accordance with this MOD
and the applicable Permit conditions.
24. SFWMD ,shall coordinate with COUNTY to ensure compliance of SFWMD rules and
policies for the operation of the LASIP Emergency Structures.
JOINT RESPONSIBILITIES
25. COUNTY and SFWMD shall each designate, in writing, a principal contact person to
coordinate the provisions of the Permit and this MOD.
26. COUNTY and SFWMD shall meet in January of each year to assess compliance with the
Permit and this MOD and its effectiveness in achieving the above stated objectives. Any
concerns with the terms and conditions of the Permit, this MOD or any problems with
implementation shall also be addressed at these times. SFWMD shall be the entity
responsible for coordinating the meeting schedule.
27. COUNTY agrees that any future permit applications for construction and/or operatiOIi-of,
the LASIP Emergency Structures shall be consistent with this MOD or the MOD may be
modified accordingly. All future permit applications shall be consistent with the MOD
including the following principles:
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All emergency gates or other operable bleed down mechanisms will require a
permit from SFWMD. Structures that control discharge directly to SFWMD
canals shall be Individual Permit Applications. In some cases, internal structures
within a local drainage district or government entity's jurisdiction may be
determined by SFWMD staff to be General Permit Applications. SFWMD staff
will reach a decision on whether internal structures will be required to be
Individual or General Permits after consideration of the site specific
circumstances and consultation with SFWMD staff.
LASIP Emergency Structures will only be permitted when the operating
government entity is the COUNTY. COUNTY, as the applicant, shall
demonstrate that it has crews available to operate and maintain the LASIP
Emergency Structure. SFWMD's authorization ora LASIP Emergency Structure
is premised upon COUNTY having operating control of the surface water
management system affecting the LASIP Emergency Structure and not just the
outfall structure except in the instance where a portion of,the LASIP water
management system flows through a private development. In such an instance,
the COUNTY shall be responsible for operation and maintenance of the LASIP
Emergency Structure and the private development's responsible entity shall be
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Page 5 of 15
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responsible for the remaining portions of the water management system within the
boundaries of the private development.
28.
COUNTY and SFWMD have jointly developed a list of defined emergency triggers, as
set forth in the Permit, to determine when a situation is considered to be an emergency.
In the context of this MOD, "emergency" is defmed as a situation when inunediate action
is necessary to protect public health, safety, or welfare; the health of animals, fish or
aquatic life; the works of the SFWMD; a public water supply, or recreational,
commercial, industrial, agricultural or other reasonable uses of land and water resources.
COUNTY, as the operator of the LASIP Emergency Structures, has in its application,
submitted an operation schedule that identifies the critical elevation that causes an
emergency to exist and identifies why this elevation constitutes an emergency. It also
submitted information pertaining to other alternative solutions that have been
implemented or rejected.
COUNTY, as the operator of the LASIP Emergency Structures, has demonstrated
through calculations, that the downstream conveyance capacity of associated surface
water management systems is available to accept the anticipated flow if the Emergency
Structure is opened during an off peak condition. It is the intent of this MOD, that such
calculations be based upon COUNTY's analysis of the system under its control and
associated systems, excluding the SFWMD' s system. SFWMD will assist in respect to
analyzing the impacts to its system.
If COUNTY improperly uses a LASIP Emergency Structure at any time outside of the
conditions established by this MOD, SFWMD may require measures that render the
LASIP Emergency Structure inoperable. If the measures required by SFWMD to render
the LASIP Emergency Structure inoperable result in physical damage or impairment to
the LASIP Emergency Structure, the SFWMD shall be responsible to reimburse
COUNTY for all costs associated to restore the LASIP Emergency Structure back to
operable status after a mutually agreeable resolution of the improper usage has been
established.
COUNTY shall conserve fresh water whenever possible. However, it is recognized that
there may be certain emergency circumstances that warrant lowering of the LASIP
stormwater management system' component water levels below control elevation for a
period of time, such as a situation where, to minimize flooding, SFWMD is opening its
gates to lower canal water levels in anticipation of major rain events (e.g. tropical
cyclones). In the absence of being able to get previous approval from the SFWMD and
in such emergency circwnstances, C9UNTY may operate the LASIP Emergency
Structures as it deems necessary during such emergency circumstances to protect public
health, safety, or welfare; the health of animals, fish or aquatic life; the works of the
SFWMD,; a public water supply, or recreational, commercial, industrial, a~icultural or
other reasonable uses of land and water resources. The COUNTY has the authority to
determine the appropriate water level that should be used during the use of the LASIP
Emergency Structures in such emergency situations. The COUNTY shall notify the
EXMI iLT '.f
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SFWMD within twenty-four (24) hours of the termination of such emergency conditions
of any LASIP Emergency Structure operational measures the COUNTY undertook
without prior notice and approval of the SFWMD. In older developed areas with
substandard water management systems that do not meet SFWMD's current flood
protection design criteri~ SFWMD staff will consider the lowering of ditch or canal
levels below existing control levels in advance of an approaching storm or anticipated
heavy rainfall.
MISCELLANEOUS PROVISIONS
33. This MOD may only be amended by mutual written agreement of the governing body of
COUNTY and the Governing Board of the SFWMD, which amendments may include,
but are not limited to, those needed to authorize changes in the LASIP Emergency
Structures' operational parameters, physical modifications to LASIP Emergency
Structures, or termination of the MOD as the result of a finding that there is no potential
for a negative impact to a SFWMD managed canal, as the two governing bodies deem
necessary in order to address adverse water resource impacts or impacts prohibited in
Rule 40E-4.301 or 40E-4.302, F .A.C., if any.
34. In the event it is determined that operation of the LASIP Emergency Structures are
causing unacceptable adverse impacts to the water resources or impacts prohibited in
40E-4.301 or 40EA.302, F.A.C., the governing body of a party hereto, following such
finding, may terminate its participation in this MOD by either mutual written agreemf;:nt .
with the other party or by provid~ng one hundred eighty (180) days prior written notice to
the other party; provided that any such termination by the Governing Board of SFWMD
shall only be effectuated through the revocation of the Permit, or applicable LASIP
Emergency Structure portion thereof, as the case may be, pursuant to Sections 373.429
and 120.60, Florida Statutes.
35. Further, after consideration of the most economically efficient options available for
protection of water resources, the Governing Board of SFWMD may order, as an aspect
of its revocation of this MOD and the subject Permit or applicable LASIP Emergency
Structure portion thereof, as the case may be, that: (A) the emergency operation
component of the LASIP Emer.gency Structure be removed, or (B) the LASIP Emergency
Structure be modified to permanently prohibit usage by operation.
36. Notwithstanding this condition, in no event shall any provisions of this MOD prohibit or
undermine the SFWMD's ability to prevent unacceptable adverse impacts to the water
resources or impacts prohibited in Rule 40E-4.301 or 40E-4.302, F.A.C.
37. This MOD, together with the Permit, incorporates, embodies and expresses all
agreements and understandings regarding the LASIP Emergency Structures between
SFWMD and COUNTY, and may not be altered except as authorized in paragraph
number 33 above. '
ADDUREVISED SUBMITTAL
A~?UCATION NUMBER
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38. This MOD shall not constitute a waiver of the SFWMD's regulatory jurisdiction, nor be
construed to authorize any activity within the jurisdiction of the SFWMD except in
accordance with the express terms of this MOD and the Permit.
39. Nothing in this MOD, whether expressed or implied, is intended to confer upon any
person other than the parties hereto any rights or remedies under or by reason of this
MOD.
40. There shall be no waiver of any right contained in this MOD unless in writing signed by
the party waiving such right. No delay or failure to exercise a right under this MOD shall
impair such right or be construed to be a waiver thereof. Any waiver shall be limited to
the particular rights so waived and shall not be deemed a waiver of the same right at a
later time, or of any other right under this MOD.
41. The invalidity of one or more of the terms or conditions contained in this MOD shall not
affect the validity of the remaining portion of the MOD provided that the material
purposes of this MOD can be detennined and effectuated. In the event of a conflict
between the provisions of this MOD and the Permit, the provisions of the Permit shall
prevail.
42. The Governing Board of the SFWMD authorized its Executive Director, or designee, to
execute this MOD.
NOTICE OF RIGHTS
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substantially comply with the requirements of Rule 28-106.20 I (2), Fla. Admin. Code, a copy of which is attached to
this Notice of Rights.
b. Informal Administrative Hearing: If there are no issues of material fact in dispute, the affected
person seeking an informal hearing on a SFWMD decision which does or may determine their substantial interests
shall file a petition for hearing pursuant to Sections 120.569 and 120.57(2), FJa. Stat. or for mediation pursuant to
Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice
through mail or posting or publication of notice that the SFWMD has or intends to take final agency action.
petitions must substantially comply with the requirements of Rule 28-106,301(2), Fla. Admin. Code, a copy of
which is attached to this Notice of Rights.
c. Administrative Complaint and Order: If a Respondent objects to a SFWMD Administrative
Complaint and Order, pursuant to Section 373.119, Fla. Stat. (1997), the person named in the Administrative
Complaint and Order may file a petition for a hearing no later than 14 days after the date such order is served.
Petitions must substantially comply with the requirements of either subsection a. or b. above.
d. State Lands Environmental Resource Permit: Pursuant to Section 373.427, Fla. Stat., and Rule
40E-1.51 J (3), Fla. Admin. Code (also published as an exception to the Unifonn Rules of Procedure as Rule 40E-
0.109(2)(c)), a petition objecting to the SFWMD's agency action regarding consolidated applications for
Environmental Resource Permits and Use of Sovereign Submerged Lands (SLERPs), must be filed within 14 days
of the notice of consolidated intent to grant or deny the SLERP. Petitions must substantially comply with the
requirements of either subsection a. or b. above.
e. Emergency Authorization and Order: A person whose substantial interests are affected by a
SFWMD Emergency Authorization and Order, has a right to file a petition under Sections 120.569, 120.57(1), and
120.57(2), Fla. Stat., as provided in subsections a. and b. above. However, the person, or the agent of the person
responsible for causing or contributing to the emergency conditions shall take whatever action necessary to cause
immediate compliance with the terms ofthe Emergency Authorization and Order.
f. Order for Emergency Action: A person whose substantial interests are affected by a SFWMD
Order for Emergency Action has a right to file a petition pursuant to Rules 28-107.005 and 40E-1.611, Fla. Admin.
Code, copies of which are attached to this Notice of Rlghts, and Section 373.119(3), Fla. Stat., for a hearing on the
Order. Any subsequent agency action or proposed agency action to initiate a formal revocation proceeding shall be
separately noticed pursuant to section g. below.
g. Permit Suspension, Revocation, Annulment, and Withdrawal: If the SFWMD issues an
administrative complaint to suspend, revoke, annul, or withdraw a permit, the COUNTY may request a hearing to be
conducted in accordance with Sections 120.569 and 120.57, Fla. Statl'! within 21 days of either written notice
through maiJ or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions
must substantially comply with the requirements of Rule 28-107.004(3), Fla. Admin. Code, a copy of which is
attached to this Notice ofRlghts.
2. Because the administrative hearing process is designed to formulate final agency action, the filing of a
petition means that the SFWMD's final, action may be different from the position taken by it previously. Persons
E
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whose substantial interests may be affected by any such final decision of the SFWMD shall have, pursuant to Rule
40E-1.51l(2), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E-
0.109(2)(c)), an additional 21 days from the date ofreceipt of notice of said decision to request an administrative
hearing. However, the scope ofthe administrative hearing shall be limited to the substantial deviation.
3. Pursuant to Rule 40E-1.511(4), Fla. Admin. Code, substantially affected persons entitled to a hearing
pursuant to Section 120.57(1), Fla. Stat., may waive their right to such a hearing and request an informal hearing
before the Govemin~ Board pursuant to Section 120.57(2), Fla. Stat., which may be granted at the option of the
Governing Board.
4. Pursuant to Rule 28-106.111 (3), Fla. Admin. Code, persons may file with the SFWMD a request for
extension of time for filing a petition. The SFWMD, for good cause shown, may grant the extension. The request
for extension muSt contain a certificate that the petitioner has consulted with all other parties, if any, concerning the
extension and that the SFWMD and all other parties agree to the extension.
Circuit Court
5. Pursuant to Section 373.617, Fla. Stat., any substantially affected person who claims that final agency
action of the SFWMD relating to permit decisions constitutes an unconstitutional taking of property without just
compensation may seek judicial review of the action in circuit court by filing a civil action in the circuit court in the
judicial circuit in which the affected property is located within 90 days of the rendering of the SFWMD's final
agency action.
6. Pursuant to Section 403.412, Fla. Stat., any citizen of Florida may bring an action for injunctive relief
against the SFWMD to compel the SFWMD to enforce the laws of Chapter 373, Fla. Stat., and Title 40E, Fla.
Admin. Code. The complaining party must file with the SFWMD Clerk a verified complaint setting forth the facts
upon which the complaint is based and the manner in which the complaining party is affected. If the SFWMD does
not take appropriate action on the complaint within 30 days of receipt, the complaining party may then file a civil
suit for injunctive relief in the 15111 Judicial Circuit in and for Palm Beach County or circuit court in the county
where the cause of action allegedly occurred.
7. Pursuant to Section 373.433, Fla. Stat, a private citizen of Florida may file suit in circuit court to require
the abatement of any stormwater management system, dam, impoundment, reservoir, appurtenant work or works
that violate the provisions of Chapter 373, Fla. Stat.
District Court of Appeal
8. Pursuant to Section 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek
judicial review of the SFWMD's fmal decision by filing a notice of appeal pursuant to Florida Rule of Appellate
Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filmg a
second copy of the notice with the SFWMD Clerk within 30 days ofrendering of the fmal SFWMD action.
Land and Water Adjudicatory Commission
9. A party to a "proceeding below" may seek review by the Land and Water Adjudicatory Commission
(LAWAC) of SFWMD's fmal agency action to determine if such action is consistent with the provisions and
purposes of Chapter 373, Fla. Stat. Pursuant to Section 373.114, Fla Stat., and Rules 42-2.013 and 42-2.0132, Fla.
API>LtC4TlON NUMBER EX U. ;AL
9 8 0 8 2 8 - 1 Page 10 of 15 AUG 0 5 2003
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Admin. Code, a request for review of (a) an order or rule of the SFWMD must be filed with LA WAC within 20 days
after rendition of the order or adoption of the rule sought to be reviewed; (b) an order of the Department of
Environmental Protection (DEP) requiring amendment or repeal of a SFWMD rule must be filed with LAW AC
within 30 days of rendition ofthe DEP's order, and (c) a SFWMD order entered pursuant to a formal administrative
hearing under Section 120.57(1), Fla. Stat., must be filed no later than 20 days after rendition of the SFWMD's final
order. Simultaneous with filing, a copy of the request for review must be served on the DEP Secretary, any person
named in the SFWMD or DEP fmal order, and all parties to the proceeding below. A copy of Rule 42-2.013, Fla.
Admin. Code is attached to this Notice of Rights.
Private Property Rights Protection Act
10. A property owner who alleges a specific action of the SFWMD has inordinately burdened an existing use
of the real property, or a vested right to a specific use of the real property, may file a claim in the circuit court where
the real property is located within 1 year of the SFWMD action pursuant to the procedures set forth in Subsection
70.00I(4)(a), Fla. Stat.
Land Use and Environmental Dispute Resolution
11. A property owner who alleges that a SFWMD development order (as that term is defined in Section
70.5 1 (2)(a), Fla. Stat. to include permits) or SFWMD enforcement action is unreasonable, or unfairly burdens the
use of the real property, may file a request for relief with the SFWMD within 30 days ofreceipt of the SFWMD's
order or notice of agency action pursuant to the procedures set forth in Subsections 70.51(4) and (6), Fla. Stat.
Mediation
12. A person whose substantial interests are, or may be, affected by the SFWMD's action may choose
mediation as an alternative remedy under Section 120.573, Fla. Stat. Pursuant to Rule 28-106.111(2), Fla. Admin.
Code, the petition for mediation shall be filed within 21 days of either written notice through mail or posting or
publication of notice that the SFWMD has or intends to take final agency action. Choosing mediation will not
adversely affect the right to an administrative hearing if mediation does not result in settlement.
Pursuant to Rule 28-106.402, Fla. Admin. Code, the contents of the petition for mediation shall contain the
following information:
(1) The name, address, and telephone number of the person requesting mediation and that person's
representative, if any;
(2) A statement of the preliminary agency action;
(3) An explanation of how the person's substantial interests will be affected by the agency
determiltation;and
(4) A statement of relief sought.
As provided in Section 120.573, Fla. Stat. (I 997), the timely agreement of all the parties to mediate will toll the time
limitations imposed by Sections 120.569 and 120.57, Fla. Stat., for requesting and holding an administrative
hearing. Unless otherwise agreed by the parties, the mediation must be concluded within 60 days of the execution of
the agreement. If mediation results in settlement of the dispute, the SFWMD must enter a final order incorporating
the agreement of the parties. Persons whose substantial interest will be affe te gency decision
APPLICATION NUMIlER EX
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have a right to petition for hearing within 21 days of receipt of the final order in accordance with the requirements of
Sections 120.569 and 120.57. Fla. Stat., and SFWMD Rule 28-106.201(2), Fla. Admin. Code. If mediation
terminates without settlement of the dispute, the SFWMD shall notify all parties in writing that the administrative
hearing process under Sections 120.569 and 120.57, Fla. Stat., remain available for disposition of the dispute, and
the notice will specify the deadlines that then will apply for challenging the agency action.
Variances and Waivers
13. A person .vho is subject to regulation pursuant to a SFWMD rule and believes the application of that rule
will create a substantial hardship or will violate principles of fairness (as those terms are defined in Subsection
120.542(2), Fla. Stat.) and can demonstrate that the purpose of the underlying statute will be or has been achieved by
other means, may file a petition with the SFWMD Clerk requesting a variance from or waiver of the SFWMD rule,
Applying for a variance or waiver does not substitute or extend the time for filing a petition for an administrative
hearing or exercising any other right that a person may have concerning the SFWMD's action. Pursuant to Rule 28-
104.002(2), Fla. Admin. Code, the petition must include the following information:
(a) The caption shall read: Petition for (Variance from) or (Waiver of) Rule (Citation)
(b) The name, address, telephone number and any facsimile number of the petitioner;
(c) The name, address telephone number and any facsimile number of the attorney or qualified
representative of the petitioner, (if any);
(d) The applicable rule or portion of the rule;
(e) The citation to the statue the rule is implementing;
(f) The type of action requested;
(g) The specific facts that demonstrate a substantial hardship or violation of principals of fairness that
would justify a waiver or variance for the petitioner;
(h) The reason why the variance or the waiver requested would serve the purposes of the underlying
statute; and
(i) A statement of whether the variance or waiver is permanent or temporary. If the variance or
waiver is temporary, the petition shall include the dates indicating the duration of the requested variance or waiver.
A person requesting an emergency variance from or waiver of a SFWMD rule must clearly so state in the caption of
the petition. In addition to the requirements of Section 120.542(5), Fla, Stat. pursuant to Rule 28-104.004(2), Fla.
Admin. Code, the petition must also include:
a) The specific facts that make the situation an emergency; and
b) The specific facts to show that the petitioner will suffer immediate adverse effect unless the
variance or waiver is issued by the SFWMD more expeditiously than the applicable time frames set forth in Section
120.542, Fla. Stat.
Waiver of Rights
14.
Failure to observe the relevant time frames prescribed above will constitute a waiver of such right.
__. _._ I
REVISEO"SUBMlTTAl '\
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Initiation of Proceedings Ii 0
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28-106.201
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(2) All petitions filed under these rules shall contain:
(a) The name and address of each agency affected and each agency's file or identification number, if
known;
(b) The name, address. and telephone number of the petitioner: the name, address, and telephone
number of the petitioner's representative, if any, which shall be the address for service purposes during the course of
the proceeding. and an explanation of how the petitioner's substantial interests will be affected by the agency
determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;
(e) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the
petitioner to relief; and
(f) A demand for relief.
28-106.301 Initiation of Proceedings
(Not Involving Disputed Issues of Material Fact)
(2) All petitions filed under ,these rules shall contain:
(a) The name and address of each agency affected and each agency's file or identification number. if
known;
(b) The name, address. and telephone number of the petitioner: the name, address, and telephone
number of the petitioner' s representative, if any, which shall be the address for service purposes during the course of
the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency
determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the
petitioner to relief; and
(e) A demand for relief.
28-107.004 Suspension, Revocalion, Annulment, or Withdrawal
(3) Requests for hearing filed in accordance with this rule shaH include:
(a) The name and address of the party making the request, for purposes of service;
(b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a
hearing not involving disputed issues of material fact; and
(c) A reference to the notice, order to show cause, administrative complaint, or other communication
that the party has received from the agency.
42-2.013Request for Review Pursuant to Section 373.114 or 373.217
(I) In any proceeding arising under Chapter 373, F.S., review by the Florida Land and Water Adjudicatory
Commission may be initiated by the Department or a party by filing a request for such review with the Secretary of the
Commission and serving a copy on any person named in the rule or order. and on all parties to the proceeding which
",oh,d ;n tho urn" roughlln.be ~V::~~: _: .C'.~~~~~:f mV;EXblti
"PP....~.:\IIUr-l NUwit:H:.R n
f: f 0 8 2 R - P!ge 13 of 15
1
AUG 0 5' 2003
":>~;
subsection shall be a requirement for a determination of sufficiency under Rule 42-2.0132. Failure to file the request
with the Commission within the time period provided in Rule 42-2.0132 shall result in dismissal of the request for
review.
(2) The request for review shall identify the rule or order requested to be reviewed, the proceeding in which the
rule or order was entered and the nature of the rule or order. A copy of the rule or order sought to be reviewed shall be
attached. The request for review shall state with particularity:
(a) How the order or rule conflicts with the requirements, provisions and purposes of Chapter 373, F.S.,
or rules duly adopted thereunder;
(b) How the rule or order sought to be reviewed affects the interests of the party seeking review;
(c) The oral or written statement, sworn or unsworn, which was submitted to the agency concerning the
matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has
not participated in a proceeding previously instituted pursuant to Chapter 120, F.S., on the order for which review is
sought;
(d) If review of an order is being sought, whether and how the activity authorized by the order would
substantially affect natural resources of statewide or regional significance, or whether the order raises issues of policy,
statutory interpretation, or rule interpretation that have regional or statewide significance from a standpoint of agency
precedent, and all the factual bases in the record which the petitioner claims support such determination(s); and
(e) The action requested to be taken by the Commission as a result of the review, whether to rescind
or modify the order, or remand the proceeding to the water management district for further action, or to require'the
water management district to initiate rulemaking to adopt, amend or repeal a rule.
28-107.005 Emergency Action
(I) If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency
action, the agency shall summarily suspend, limit, or restrict a license.
(2) The 14-day notice requirement of Section 120.569(2)(b), F. S., does not apply and shall not be construed to
prevent a hearing at the earliest time practicable upon request of an aggrieved party.
(3) Unless otherwise provided by law, within 20 days after emergency action taken pursuant to paragraph (1) of
this rule, the agency shall initiate a formal suspension or revocation proceeding in compliance with Sections 120.569,
120.57. and 120.60, F.S.
40e-l.611 Emergency Action
(1) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the
health of animals, fish or aquatic Ii fe; the works of the District; a public water supply, or recreational, commercial,
industrial, agricultural or other reasonable uses of land and water resources.
(2) The Executive Director may employ the resources of the District to take whatever remedial action
necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an
emergency order has been issued, after the expiration of the requisite time for compliance with that order.
A"pueATlotJ NUMQ~rl
EX
Page 14 of 15
AUG 0 5 2003
, ,
FORT MYERS SE~~ICE CENTER I
-.----.......
980828""1
1""......,.,'
t ,
~,
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of
Understanding to be executed in counterpart originals by their duly authorized representative(s) on
the latest day and year noted below.
Executed by SFWMD this
Day of
, 2003
A TrEST:
SOUTH FLORIDA WATER
MANAGEMENT DISTRICT
BY:
TONY BURNS
Assistant Secretary
BY:
Name
Title
LEGAL FORM APPROVED
BY:
FRANK S. BARTOLONE
Senior Attorney
Passed and approved by the Board of County Commissioners of Collier County, Florida,
this z.~ Day of
~
,2003.
~. ". : :.
BOARD OF COUNTY COMMISSIONERS OF
COLLIER T ~A7RlDA .
BY: -Jl)1--'~-~
Tom Henning, Chairman 1.1
5.2"\.03
A TrEST:
Dwight E. Brock, Clerk
. '-.
B~;~~~I~
Deputy Clerk.,: .
.' ~
(Attest as to ch3.irman's
signature only.)
."'!"l' .^._'~.I
..........&-H...4... U"..8" l""t~ ~'""'''''i'',
. ..Uh..'.....i.:i:.t.(
Approved as to form
and legal sufficiency:
~ ()~--
BY: 'b~"^ ~/tIL /
Thomas C. Palmer,
Assistant County Attorney
98aB2R~'1
ADDUREVISED-S.U liMinAL
EXHI
YERS SERVICE CENTER
Page 15 of 15
SFWMD ERP Application Number 980828-1
Lely Area Stormwater Improvement Project
Collier County
DRAFT
j.l
Memorandum of Understanding - Attachment "A"
List o[Proposed Operable Discharge Structures
Lely Canal Basin - Region 2
STRUCTURE DESIGNATION AND DEFINED EMERGENCY
NO. DESCRIPTION EMERGENCY OPERATION
TRIGGER PARAMETERS
Open Gates Close Gates
LCB-OO-S0120 - Doral Circle at at
Upstream Water
1 I - 60' wide weir with crest at elev. 4.0' Surface
NGVD, Increases to 5.6 4.0
2 - 5' x 5' sluice gates Elevation 5.6
LCB-OO-S0150 - Royal Wood
Upstream Water
I - 35' "..ide weir with crest at elev. 6.5' Surface
2 NGVD, Increases to 8.2 6.5
J - 5.25' x 0.3' Rectangular Bleeder hole Elevation 8.2
with an invert elevation of 5,0' NGVD,
2 - 5' x 5' sluice gates
County Barn Road Weir
Upstream Water
3 1 - 20' wide weir with crest at elev. 8.0' Surface
NGVD, Increases to 8.7 8.0
2 - 3' x 3' sluice gates Elevation 8.7
Lely Canal Basin - Region 3
STRUCTURE DESIGNATION AND DEFINED EMERGENCY
NO. DESCRIPTION EMERGENCY OPERATION
TRIGGER P AR.<\METERS
Open Gates Close Gates
LCB-OO-S0160 - E. of Royal Wood Upstream Water at at
4 I - 50' wide weir with crest at elev. 7.5' Surface
Increases to 8.9 7.5
NGVD, 2 - 5' x 5' sluice gates Elevation 8.9
Note: Defined emergency trigger based on the 25-year, 3-day event peak stage in the adjacent channel upstream
of the subject structure.
Page 1 of4
EXHIBIT f.o
SFWMD ERP Application Number 980828-1
Lei)" Area Stormwater Improvement Project
Collier County
DRAFT
lOG
Memorandum of Understanding - Attachment "A"
List of Proposed Operable Discharge Structures
Lely Canal Basin - Region 3 continued
,-
STRUCTURE DESIGNATION AND DEFINED EMERGENCY
NO. DESCRIPTION EMERGENCY OPERATION
TRIGGER PARAMETERS
Open Gates Close Gates
LCB-OO-S0165 - N. or Whitaker Rd. Upstream Water at at
Surface
5 1 - 10' wide weir with crest at elev. 8.5' Increases to 9.3 8.5
NGVD, 2.5' x 5" sluice gates Elevation 9.3
LCB-OO-S0167 - Slough Diversion Upstream Water
6 Surface
1 - 10' wide weir with crest at elev. 9.0' Increases to 9.3 9.0
NGVD, 2.. 5' x 5' sluice gates Elevation 9.3
LCB-13-S0100 - Whitaker Road Upstream Water
7 1 - 4' x 4' sluice gate. 4' x 8' box culvert Surface 8.5 7.5
Increases to
with ......eir crest 7.5' NGVD. Elevation 8,5
Haldeman Creek Basin
STRUCTURE DESIGNATION AND DEFINED EMERGENCY
NO. DESCRIPTION EMERGENCY OPERATION
TRIGGER PARAMETERS
~ Open Gates Close Gates
HCB-OO-S0220 - Weir at Haldeman at at
Creek Upstream Water
8 Surface
1-15' wide weir with crest at elev: 4.5' Increases to . 5.1 4.5
NGVD, 1-3' x 4' wide sluice gate Elevation 5.1
Note:
Defined emergency trigger based on the 25-year, 3-day event peak stage in the adjacent channel upstream
of the subject structure.
Page 2 of 4
EXHIBIT'"
. ~p
SFWMD ERP Application Number 980828-1
Lely Area Stormwater Improvement Project
Collier County
DRAFT
1
Memorandum of Understanding - Attachment "An
List of Proposed Operable Discharge Structures
Lely Manor Basin - Region 4
STRUCTURE DESIGNATION AND DEFINED )!:MERGENCY
NO. DESCRIPTION EMERGENCY OPERATION
TRIGGER PARAMETERS
Open Gates Close Gates
LCB-OO-S0130 - Loch Louise Weir at at
Upstream Water
9 1 Double crested weir - 11 ' wide weir Surface
with crest at e1ev. 5.5' NGVD, and a 25' Increases to
wide weir with crest 5.75' NGVD; Elevation 6.1 6.1 5.75
2 - 5' X 5' sluice gates
LCB-D1-S0148 - Davis Main Weir Upstream Water
10 1- 10' wide weir with crest at elev. 7.5' Surface 8.5 8.0
Increases to
and 1 - 37' wide weir with crest at elev. Elevation 8.5
8.0'; 2 - 5' x 5' sluice gates
Lely Manor Basin - Region 5
STRUCTURE DESIGNATION AND DEFINED EMERGENCY
NO. DESCRIPTION EMERGENCY OPERATION
TRIGGER PARAMETERS
Open Gates Close Gates
Lely Lakes East Outfall Pumping at at
Station (phase One Construction)
1-20' wide weir with crest at elev. 2.0'
11 NGVD,
2-12,000 GPM pumps - Pump 1 on elev. N/A N/A N/A
3.00' NGVD, offelev. 2.75' NGVD
Pump 2 on elev. 3.50' NGVD, off elev.
3.00' NGVD
LMB-OO-S0090 - Freshwater Marsh Upstream Water
12 Surface 4.5 3.0
1 - 25' wide weir with crest at elev. 3.0' Increases to
NGVD, I - 5' x 5' sluice gate Elevation 4.5
Note:
Defined emergency trigger based on the 25-year, 3-day event peak stage in the adjacent channel upstream
of the subject stmcture.
Page 3 of 4
EXH'Br 0'
.' o.l.
SFWMD ERP Application Number 980828-1
Lely Area Stonnwater Improvement Project
Collier County
DRAFT
10
Memorandum of Understanding - Attachment "An
List of Proposed Operable Discharge Structures
Lely Manor Basin - Region 6
STRUCTURE DESIGNATION AND DEFINED EMERGENCY
NO. DESCRIPTION EMERGENCY OPERATION
TRIGGER PARAMETERS
Open Gates Close Gates
LMB-OO-SOI20 - S. County WWTP at at
13
1-100' wide weir with crest at elev. 7.0' N/A N/A N/A
NGVD (no gates)
LMB-OO-SOllO - Warren Street Upstream Water
14 Surface 6.2 4.5
1 - 55' wide weir with crest at elev. 4.5' Increases to
NGVD, I - 5' x 5' sluice gate Elevation 6.2
Lely Manor Basin - Region 7
-
STRUCTURE DESIGNATION AND DEFINED EMERGENCY
NO. DESCRIPTION EMERGENCY OPERATION
TRIGGER PARAMETERS
Open Gates Close Gates
C4C-Ol-S0110 -N. of Wing South Upstream Water at at
15 Runway Surface
Increases to 9.7 9.4
I - 3D' wide weir with crest at elev. 9.4' Elevation 9.7
NGVD, 2 - 3' x 3' sluice gates
-
C4C-Ol-S0I00 - S. End ofCb~nne) E. Upstream Water
of Wing South Surface
16 Increases to 9.7 9.0
I - 30' wide weir with crest at ele:v. 9.0' Elevation 9.7
NGVD, I - 3' x 3' sluice gate
C4C-02-S0100 - W. of Wing South Upstream Water ,
17 Surface
1- 10' wide weir with crest at elev. 8.8' Increases to 9.4 8.8
NGVD, I - 5' x 5' sluice gate Elevation 9.4
Note: Defined emergency trigger based on the 25-year, 3-day event peak stage in the adjacent channel upstream
ofthe subject structure.
Page 4 of4
EXHIRIl
f2
"""
South Florrda water Management Ulstrrct
Work Schedule Requirements
Application No
980828-1
~
-4i-.
Page 1 of 1
Mitigation Plan 10: LEL Y AREA STORMWATER
Activity
Due Date
SUBMIT RECORDED CONSERVATION EASEMENT
SUBMIT BASELINE MONITORING REPORT (99, 10. 1.6 ACRES)
REMOVE NUISANCE AND EXOTICS 99 AND 10 ACRE/1NST ALL PLANTS 1.6
MAINTENANCE
FIRST ANNUAL MONITORING REPORT
MAINTENANCE
MAINTENANCE
SECOND ANNUAL MONITORING REPORT
MAINTENANCE
MAINTENANCE
THIRD ANNUAL MONITORING REPORT
MAINTENANCE
MAINTENANCE
FOURTH ANNUAL MONITORING REPORT
MAINTENANCE
MAINTENANCE
FIFTH ANNUAL MONITORING REPORT
05-JAN-2005
05-MAR-2005
05-MAY-2005
01-0CT-2005
05-JAN-2006
o 1-APR-2006
01-0CT-2006
05-JAN-2007
o 1-APR-2007
01-0CT-2007
05-JAN-2008
01-APR-2008
o 1-0CT - 2008
05-JAI\!-2009
01-APR-2009
o 1-0CT -2009
05-JAN-20 1 0
EXHIBIT'I.o
Exhibit No :
10 t"\.)~
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EXHIBIT 'o~
LEL Y AREA STORMW ATER IMPROVEMENT PROJECT
'VATER QUALITY AND WATER QUANTITY STRUCTURE SUMMARY
Discharge Storm Frequency: 25 YEAR-3 DAY
Basin Allow Disch Method Of
Design Rainfall: 12.2 inches
Peak Disch Peak Stage
(cfs) ( ft. NGVD)
(cfs) Determination
Lely Main Canal:
LCB-OO-COO03 N/A N/A
Lely Manor Canal:
LMB-OO-COOO 1 N/A N/A
LMB-01-COOO5 N/A N/A
963 3.47 (S. Lake)
212 2.99 (S. Lake)
334 4,41 (S. Lake)
Conveyance Design:
Conveyance Design Storm Frequency: 25 YEAR-3 DAY
Design Rainfall: 12.2 inches
Conveyance
Peak Stage
Upstream (ft.)
Peak Stage
Downstream (ft.)
Lely Main Canal Basin:
DORAL_BOX
HCBOOS021O
LCBOOC0003
LCBOOC0005
LCBOOC0025
LCBOOC0027
LCBOOC0035
LCBOOC0045
LCBOOC0046
LCBOOC0047
LCBOOC0055
LCBOOC0069
LCBOOC0070
LCBOOC0071
LCBOOC0072
LCBOOC0073
LCBOOC0075
LCBOOS0110
LCBOOS0130
LCBOOS0140
LCBOOS0151
LCBOOS0152
LCBOOS0153
LCBOOS0154
LCBOOS0155
LCBOOS0156
LCBOOS0157
LCBOOS0158
LCBOOS0159
LCBOOSO 164
LCBOOS0166
LCB01 C0005
LCB01 C0007
LCB01C0015
4,43
6.00
3.58
3.92
4,09
4.25
5.61
6.03
6,08
6,15
6.44
8.50
8.51
8.78
8.80
9.22
9.23
3,97
5.91
6.46
,8,15
8.22
8.36
8.44
8.42
8.43
8.44
8.47
8.50
8.80
9.23
4.09
6.04
6.13
4.25
4.95
3.47
3,58
3.97
4.09
5.57
5.91
6,03
6.08
6.46
8,50
8,50
8.77
8,80
9.22
9,23
3.92
5.61
6.15
8.00
8,17
8.22
8.37
8.36
8.43
8.43
8.44
8.47
8.78
9.22
4.09
5.78
6.04
EXHIBIT 11 a
.'
LEL Y AREA STORMW A TER IMPROVEMENT PROJECT
WATER QUALITY AND \V ATER QUANTITY STRUCTURE SUMMARY
"...-.::.>
LCB01C0021
LCB01 C0025
LCB01 C0037
LCB01C0039
LCB01C0043
LCB01C0045
LCB01 C0053
LCB01C0057
LCB01 C0065
LCB01 C0075
LCBO 1 C0085.
LCB01 C0095
LCB01 C0105
LCB01 C01 07
LCB01C0109
LCB01 SO 1-00
LCB01 S0112
LCB01S0120
LCB01 S0140
LCB01S0142
LCB01 S0146
LCB01S0150
LCBO 1 S0160
LCB01S0170
LCB01S0180
LCB01S0190
LCB09C0025
LCB09C0027
LCB09C0045
LCB09C0055
LCB09C0065
LCB09C0075
LCB09C0085
LCB09C0095
LCB09S0010
LCB09S0020
LCB09S0030
LCB09S0040
LCB09S0050
LCB09S0060
LCB09S0100
LCB09S0110
LCB09S0111
LCB09S0120
LCB09S0121
LCB09S0130
LCB09S0140
LCB09S0150
LCB09S0160
LC B 1 OC0005
LCB 1 OC0007
LCB10C0015
LCB10C0025
LCB12C0005
LCB12C0015
LCB12S0100
6.14
6.30
6.98
7.00
7.09
7.11
8.49
8,52
8.54
8.56
8.57
8.60
8.65
8.67
8.78
5.78
6.29
6.53
7.09
7.11
7.13
8.53
8.56
8.57
8.60
8.63
6.66
6.84
8.74
8.84
8.85
8.88
8.88
8.88
6.21
6.22
6.24
6,25
6.60
6.79
7.01
7.28
8.73
8.81
8.83
8.85
8.88
8.88
8.88
6.41
6.49
6.66
6.84
8.83
9.22
9.17
6.13
6.29
6.96
6.98
7.09
7.11
8.49
8.49
8.53
8.56
8.57
8.60
8.63
8.65
8.67
4.09
6.14
6.30
7.00
7.09
7.11
8.52
8.54
8.56
8.57
8.60
6.60
6.79
8.73
8.83
8.85
8.88
8,88
8.88
6.08
6.21
6.22
6,24
6.25
6.66
6.84
7.01
8.67
8.74
8.81
8.84
8.85
" 8,88
8.88
6.30
6.41
6.49
6.66
8.80
9.17
8.83
In
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I'
EXHIBIT 11 b
LELY AREA STORl''IvVATER IMPROVE1VIENT PROJECT ,,_
lC,; '"
WATER QUALITY AND \-VATER QUANTITY STRUCTURE SUMMARY \l,t
,';,"'-"
LCB13C0005 8.24 8.23
LCB13C0010 8.24 8,24
LCB13S0080 8.22 8.22
LCB13S0090 8.23 8.22
LCB13S0100 8,25 8,24
LCB13S0101 8.45 8,25
LCB14C0005 8.45 8.44
LCB14C0007 7,01 7,01
LCB14S0080 8,57 8,80
LCB14S0090 8.44 8,57
LCB14S0100 7.01 7,01
LCB15C0005 9.29 9.27
LCB15S0100 9.27 9.23
LCB16C0005 9.16 8.81
WCBRNC01 6.24 6,24
WCBRNC05 6.26 6,25
WCBRNC07 6,27 6,27
WCBRNC09 6.27 6.27
WCBRNC10 6,27 6,27
WCBRNC12 6.27 6,27
WCBRNC13 6.27 6.27
WCBRNS02 6,24 6,24
WCBRNS03 6,25 6,24
WCBRNS04 6,25 6.25
WCBRNS06 6.27 6,26
WCBRNS08 6.27 6,27
WCBRNS11 6,27 6,27
Lely Manor Cana! Basin:
146
148
165
166
294
318
322
383
387
388
405
407
418
428
432
479
501
L1NK10
L1NK6
L1NK6A
L1NK6B
LMBOOC0001
LMBOOC0002
LMBOOC0003
LMBOOC0004
LMBOOC0005
LMBOOC0011
LMBOOC0013
1,
9,43
9,33
919
9,15
8,18
8,33
8.20
9,69
9.69
9,69
9,33
9,19
9,41
9 i5
8,88
7,39
9,33
8,18
969
9.69
9,59
9,37
9.37
9.69
4.51
4,52
9,59
9,69
8.88
8,84
8.78
8,35
3.20
3,24
3.26
5.75
5,78
5,93
5.94
9.33
9,69
4,50
4,46
9.41
9.68
8,84
8,78
8.35
8.20
2.99
3,20
3,24
4,50
5,75
5,90
5.93
EXHIBIT 11 c
LELY AREA STO&."'IWATER IMPROVEMENT PROJECT \
'VATER QUALITY AND \V ATER QUANTITY STRUCTURE SUIVIMARY
LMBOOC0015 6.13 5.94
, LMBOOC0020 6.15 6.13
,-..--
LMBOOC0022 6.17 6.17
LMBOOCOO25 6.17 6.17
LMBOOC0035 6.17 6.17
LMBOOS0100 5.90 5.78
LMB01COO05 4.46 4.41
LMB01 COO25 4.56 4.52
LMB01 P0035 4.96 4.56
LMB01 S01 05 5.06 4.96
LMB02C0011 4.50 4.46
LMB02C0015 4.51 4.50
LMB03COO03 4.71 4.51
LMB03COO04 4.75 4,71
LMB04COO05 5,11 5.12
LMB04COO15 5,06 5.07
LMB04S0080 5.12 5,15
LMB04S0090 5.07 5,11
LMB04S0095 5.09 5.06
LMB05COO03 5,17 5.15
LMB05COO05 5,44 5.38
LMB05C0025 5.72 5.67
LMB05S0080 5.38 5.17
LMB05S0090 5,67 5.44
LMB07COO05 4,51 4.51
LMB07C0013 4.55 4.53
LMB07COO15 4.62 4.55
LMB07C0025 4.73 4.62
\ LMB07C0035 5,86 5.80
LMB07COO45 5,96 5,87
LMBC7COO55 0.02 5.97
LMB07COO65 6,12 6.03
LMB07S0090 453 4,51
LMB07S0110 5.80 4.73
UvlB07S0120 5.87 5.86
LM807S0130 5,97 5.96
UvlB07S0 140 6.03 6.02
LMB07S0150 6.13 6.12
LMB08COO05 5.73 5,72
LMB08COO15 5.80 5.79
LMB08S0090 5,79 5.73
LMB09COO05 5.81 5.80
LMB09C0010 5,87 5.85
LMB09S0105 5.91 5.87
LMB09S0110 5.85 5.81
LMB10COOO5 5,91 5.91
LMB10C0010 5,90 ~ 5.aO
LMB10C0015 5,94 5.91
LMB10S0100 5.90 5.91
westout 4.41 4.40
Control Elevation:
Structure Area Ctrl Elev WSWT Clrl Elev Method of
(Acres) ( ft. NGVO) ( ft, NGVO) Determination
EXHIBIT 11 d
LEL Y AREA STORMW A TER IMPROVEMENT PROJECT
WATER QUALITY AND WATER QUANTITY STRUCTURE SUMl\rlARY
Lely Main Canal Basin: Surrounding Projects
CoBarnWeir N/A 8.00 8.00 &/or
Wetlands
Ditch Block N/A 8.50 8.50
HCB-00-S0220 N/A 4.50 4,50
LCB-00-S0120 N/A 4.00 4.00
LCB-01-S0148 N/A 8.00 8.00
LCB-01-S0148 N/A 7.50 7.50
LCB-OO-SO 160 N/A 7.50 7.50
LCB-OO-SO 165 N/A 8.50 8.50
LCB-OO-SO 167 N/A 9.00 9.00
LCB-00-so150 N/A 6.50 6.50
LCB-01-S0130 N/A 5.50 5.50
LCB-01-S0130 N/A 5.75 5.75
LCB-08-S0 110 N/A 4.50 4.50
LCB-08-S0 11 0 N/A 6.50 6.50
LCB-13-S0101 N/A 7.00 7.00
LCB-14-S0090 N/A 7,50 7.50
LCB-14-S0090 N/A 8.50 8,50
RIV_W_WEIR N/A 4,00 4.00
u
Spread Lake N/A 2.50 2.50
..
Lely Manor Canal Basin:
295 N/A 7.00 7,00
408 N/A 8.80 8.00
451 N/A 5.00 5.00
503 N/A 9.00 9.00
506 N/A 9.40 9.40
LMB-OO-SOO 10 N/A 2.80 2.80
LMB-00-S0090 N/A 3.00 3.00
EXHIBIT 11 e
LEL Y AREA STORMVV A TER Il\:lPROVEMENT PROJECT
WATER QUALITY AND WATER QUANTITY STRUCTURE SUMMARY
lOr r
. l,
LMB-00-S0110 N/A
4.50
4.50
Westout
N/A
3.00
3.00
Receiving Body:
Basin
Lely Main Canal Basin
Lely Manor Canal Basin
str#
Spreadlake
Westout
Receivinn Bodv
Wetlands of Dollar Bay
Wetlands of Sandhill Bay
DischarQe Structures: Note: The units for all of the elevation values of structures are (ft, NGVD)
All other units are (inches)
Weirs: Str.# Count Type Width Height Length Dia. Elev.
Lely Main Canal Basin:
CoBarnWeir 1 fixed crest 20 1.0 8.00
Ditch Block 1 fixed crest 10 8.50
HCB-00-S0220 1 fixed crest 15 2.0 4.50
LCB-00-S0120 1 fixed crest 60 4.00
LCB-01-S0148 2 fixed crest 37 1.0 8.00
fixed crest 10 1.5 7.50
LCB-00-S0160 1 fixed crest 50 2.0 7.50
LCB-00-S0165 1 fixed crest 10 1.0 8.50
LCB-00-S0167 1 fixed crest 10 1.0 9.00
LCB-OO-SO 150 1 fixed crest 35 2.0 6,50
LCB-01-S0130 1 fixed crest 11 2.5 5.50
LCB-13-S0101 1 fixed crest .12 7.50
LCB-14-S0090 2 fixed crest 2.5 7.5 7.50
LCB-14-S0090 1 drop inlet 14 8.5 8.50
,,,-\ Spread Lake 1 fixed crest 1160 2,50
Lely Mana; Canal Basin:
Westout 1 fixed crest 1000 3.0
LMB-00-S0120 1 fixed crest 100 7.0
C4C02S0100 1 fixed crest 10 1.2 8.8
C4C01S0100 1 fixed crest 25 9.0 9.0
C4C01S0110 1 fixed crest 30 1.1 9.4
LMB-00-S0010 1 fixed crest 1000 2.8
LMB-00-S0090 1 fixed crest 25 1.0 3,0
LMB-00-S0110 1 - fixed crest 55 3.5 4.5
SWM(lnternal) Structures: Note: The units for all of the elevation values of structures are (ft, NGVD)
Culverts: Str.# Count Type Width Length Dia.
Lely Main Canal Basin:
RH_Road 2 RCP 2600 3
L1NK12C 2 RCP 60 2.5
LCB16COOOS 1 RCP 50 1.5
LCB09S0160 1 RCP 40 3
LCB09S0150 1 RCP 60 3
LCB09S0140 1 RCP 60 3
LCB09S0130 2 RCP 35 3
LCB14S0080 1 RCP 33 2
LCB 14S01 00 1 RCP 1200 2.5
WCBRNS11 2 RCP 40 2
WCBRNS08 2 RCP 80 2
WCBRNS06 2 RCP 25 2
EXHIlIIT 11 f
LEL Y AREA STORM\YATER IlVIPROYEMENT PROJECT
\VA TER QUALITY AND WATER QUANTITY STRUCTURE SUl\:'IMARY
WCBRNS04 2 RCP 100 2
WCBRNS03 1 RCP 550 5
WCBRNS02 1 RCP 2200 5
WCBRNC01 1 RCP 1200 2,5
LCB09S00 10 2 RCP 320 4.5
RIV LK2 2 RCP 50 3
RIV LK1 2 RCP 50 3
LCB08S0101 3 RCP 50 2.5
LCBOOS0130 8 RCP 40 4
LCB01C0109 2 RCP 650 3,5
LCB01S0142 2 RCP 120 7
LCB01S0140 2 RCP 200 7
LCB01S0120 2 RCP 350 7
LCB10C0025 1 RCP 1275 4,5
LCB10C0015 1 RCP 1400 4,5
LCB10COO07 1 RCP 1300 5.5
LCB10COO05 1 RCP 1000 5,5
HCBOOS021 0 2 RCP 50 2,5
RIV LK3 1 RCP 30 5,5
LCB15S0100 1 RCP 33 4.42
LCB 12S01 00 1 RCP 40 4
L CBOOS0140 3 RC Box 7 100 4
LCBOOS0151 2 RC Box 8 30 4
LCBOOS0152 2 RC Box 12 20 4
LCBOOS0153 2 RC Box 8 100 4
LCBOOS0154 1 RC Box 8 30 4
LCBOOS0155 1 RC Box 8 25 4
LCBOOS0156 RC Box 8 60 4
LCBOOS0157 1 RC Box 8 30 4
LCBOOS0158 2 RC Box 8 30 4
LCBOOS0159 2 RC Box a 50 4
LCBOOS0164 1 RC Box '10 60 5
LCBOOS0166 1 RC Box 10 60 5
LCB01 S01 00 2 RC Box 8 100 4
LCB01 S0112 2 RC Box 8 35 4
LCB01S0146 3 RC Box 8 175 4
LCB01S0t50 1 RC Box 12 125 6
LCBO 1 S0160 1 RC Box 9 100 7
LCBO 1 S0170 1 RC Box 9 70 7
LCBO 1 S0180 1 RC Box 7 100 4
LCB08S0100 1 RC Box 7 100 4
LCB09S0020 1 RC Box 8 40 4
LCB09S0030 1 RC Box 8 153 4
LCB09S0040 1 RC Box 8 60 4
LCB09S0050 1 RC Box 8 2700 4
LCB09S0060 1 RC Box 8 310 4
LCB09S0100 1 RC Box 8 750 4
LCB09S0110 1 RC Box 8 2080 4
LCB09S0111 1 RC Box 8 760 4
LCB09S0120 1 RC Box 6 720 4
LCB09S0121 1 RC Box 6 450 4
LCB13S0080 1 RC Box 8 100 4
LCB13S0090 1 RC Box 8 1870 4
LCB13S0100 1 RC Box 8 60 4
LlNK11A 4 RC Box 6 100 4
RIV W OUT 1 RC Box 6 40 4
EXHIBIT 11 g
JO
LEL Y AREA STORM'V A TER IMPROVE1\lENT PROJECT
\VA TER QUALITY AND WATER QUANTITY STRUCTURE SUMMARY
Lely Manor Canal Basin:
207 1 RCP 152 4
430 3 RCP 33 3
434 3 RCP 33 3
441 2 RCP 50 3
453 1 RCP 33 4
464 4 RCP 110 2.5
475 1 RCP 33 2.5
486 1 RCP 33 1.5
488 1 RCP 40 3
498, 1 RCP 33 3
510 12 RCP 55 3
255 10 RCP 30 1
267 10 RCP 20 1
LMB12S0090 3 RCP 50 2.5
LMB03S0100 ' 3 RCP 180 4.5
LMB07C0035 1 RCP 250 6
LMB07C0045 1 RCP 800 6
LMB07C0055 1 RCP 450 6
LMB07C0065 1 RCP 750 6
LMB07S0110 1 RCP 160 4.5
LMB07S0120 1 RCP 60 '"
0
LMB07S0130 1 RCP 60 6
LMB07S0140 1 RCP 60 6
LMB07S0150 1 RCP 60 6
146 1 RC Box 8 1250 4
148 1 RC Box 8 700 4
165 1 RC Box 8 100 4
166 1 RC Box 8 1100 4
167 2 RC Box 8 40 4
241 1 RC Box 8 350 4
322 8 RC Box 6 40 3
4'18 RC Box 8 40 4
432 1 RC Box 8 33 4
388 1 RC Box 5 40 3
LMB12S0090 1 RC Box 8 70 4
L1NK10 2 RC Box 12 35 4
LMBOOCOO20 'I RC Box 8 65 4
LM800S0100 2 - RC Box 9 175 5
LMB04S0080 1 RC Box 8 60 4
LMB04S0090 1 RC Box 8 260 4
LMB04S0095 1 RC Box 8 350 4
LMB05S0080 1 RC Box 8 '120 4
LMB05S0090 1 RC Box 8 200 4
LMB07 S0090 1 RC Box 10 40 5
LMB08S0090 1 RC Box 8 260 4
LMB09S0105 1 RC Box 8 40 4
LMB09S0110 1 RC Box 8 40 4
LMB10S0100 1 RC Box 8 250
Slide Gates: Str.# Count Type Width Height Inv. Elev.
Lely Main Canal Basin:
LCB-01-S0130 2 Square gate 5 5 0.0
LCB~01-S0148 2 Square gate 5 5 0.0
LCB-00-S0120 2 Square gate 5 5 -1,0
EXHIBIT 11 h
LEL Y AREA STORMW ATER Il\tIPROVEMENT PROJECT
WATER QUALITY AND WATER QUANTITY STRUCTURE SUMMARY
LCB-00-S0150 2 Square gate 5 5 2.5
CoBarn 2 Square gate 3 3 4.0
LCB-00-S0160 2 Square gate 5 5 2.5
LCB-Oo-S0165 2 Square gate 5 5 2.5
LCB-00-S0167 2 Square gate 5 5 2.5
Lely Manor Canal Basin:
LMB-00-S0090 1 Square gate 5 5 -3.0
LMB-00-S0110 1 Square gate 5 4 0,0
C4C-01-S0110 2 Square gate 3 3 1,0
C4C-01-S0100 2 Square gate 3 3 4.0
C4C~02-S0100 1 Square gate 5 5 4.5
On Off Capacity
Pumps: Str.# Pump # Type Elev. Elev. gpm
Lely Main Can'al Basin:
LMB-07 -S0090 1 Vert Prop 3.25 3.00 12,000
2 Vert Prop 3.50 3.00 12,000
Water Quality Sructures:
Str.# Count Type Width Height Inv. Elev.
Lely Main Canal Basin:
LCB-00-S0150 1 ReeL Orifice 5.25 0.3 5,0
LCB-01-S0130 1 Reel. Orifice 11.0 0.25 5.5
EXHIBIT
11
.
I
.LUG
April 21, 2004
URBAN STORMWATER MANAGEMENT PROGRAM
1.0 Introduction
This document provides details of the Urban Stormwater Management Program for the (Project
Name) in (location). This Plan discusses non-structural controls, intended to improve the quality
of stormwater runoff by reducing the generation and accumulation of potential stormwater runoff
contaminants at or near the respective sources for each constituent, along with significant
structural components of the primary stormwater treatment system. Although many of the
methodologies and procedures outlined in this document are general Best Management
Practices (BMP's) which can be useful in attenuating pollutants in many types of urbanized
settings, the' implementation of these practices has been optimized. to the maximum extent
possible, to reflect the unique character of the (Project name) and the surrounding hydrologic
features.
Pollution prevention guidelines are provided for the areas of (1) nutrient and pesticide
management; (2) street sweeping; (3) solid waste management; (4) operation and maintenance
of the stormwater management and treatment system; (5) routine water quality testing; and (6)
construction activities. A discussion of each of these activities is given in the following sections.
2.0 Nutrient and Pesticide ManaQement
Nutrient and pesticide management consists of a series of practices designed to manage' the
use of fertilizers and pesticides so as to minimize loss of these compounds into stormwater
runoff and the resulting water quality impacts on adjacent w8terbQdie~, Impl:.=mentation of 9
management plan wi!! also maximize the effectiveness of the nutrients erd pesticides that are
applied.
Each homeowner must commit themselves to the practice of responsible and careful landscape
design and maintenance of each lot to preV8!1t contamination of surface waters, The guidelines
included in this section are intended to heip homeowners make educated environmentai choices
regarding the maintenance of individual yards wiihin the community, These maintenance and
management guidelines are meant to promote an attractive neighborhood that preserves the
health of adjacent waterways and environmental features.
2.1 General ReQuirements
A landscape plan must be developed for each residence. The plan must be comprehensive in
nature and follow the landscape design guidelines established by the Homeowners Association
and must promote revegetation of each lot as quickly as pos~ible~
Commercial applicators of chemical lawn products mU3t register with the Homeowners
Association annually and provide a copy of their current cccupational license. proof of business
liability insurance, and proof of compliance witt'l applicable education and licensing
requirements. Individual employees working under the direction of a licensed commercial
applicator are exempt from the educational requirements.
;\
EXHIBIT "IL,U
1;,~
Only registered commercial applicators and individual lot owners are permitted to apply
chemicals within the property on a private rot. All chemical products must be used in
accordance with the manufacturer's recommendations, The application of any chemical product
within five (5) feet of any surface water including but not limited to ponds, lakes, drainage
ditches or canals, is prohibited. The use of any chemical product in a manner that will allow
airborne or waterborne entry of such products into surface water is prohibited, This rule shall
not apply to the use of chemical agents, by certified lake management specialists, for the control
of algae and vegetation within the stormwater lakes or ponds.
2.2 Nutrient Manaqement ProQram
Management and applicat:on of nutrients and fertilizers in the (Project Name) will adhere to the
following guidelines:
A All fertilizers shall be stored in a dry storage area protected from rainfall and ponding,
8, No fertilizer containing in excess of 2% phosphate/phosphorus (P205) per
guaranteed analysis label (as defined by Chapter 576, Florida Statutes) shali be
applied to turf grass unless justified by a soil test
C, Fertilizer containing in excess of 2% phosphate/phosphorus (P20S) per guaranteed
analysis label shall not be applied within 5 feet of the edge of water or within 5 feet of
a drainage facility,
0, All fertilizer shall be applied such that spreading of fertilizer on all impervious
surfaces is minimized,
E. Liquid fertilizers containing in excess of 2% phosphate/phosphorus (P20S) pe~
guaranteed analysis label shali nG~ be appried thore-ugh an irrig3tion system vv;thFi 1 C
feet of the edgs of \1'Iate: Cq. \^/Hhin 10 feet of a dra;:lage facil!tj'.
F, Liquid fertilizers containing in excess of 2% ph~sphate/phospho!us (P.<:05) pe~
guaranteed analys!s label shall not be 8pplied tr:;"GuS!I high i]( medium mist
application or directed spray app!icatlGfi within 10 feet of the edge of "vater Or \Nithin
10 feet of a drainage facility,
2.3 Pest Manaqement Proqram
Proper maintenance of plants and turf areas wiil minimize the ability cf pests to successfully
attack landscaping. Several general guidelines follow:
A. Apply fertilizer and water only when needed and in moderate amounts, Excessive
amounts of either can cause rapid growth that is attractive to insects and disease,
B. Mow St, Augustine grass to a height of 3-4 inches, If cut shorter, the plants may
become stressed and more vulnerable to pest infestation. Each mowing should
remove no more than one-third of the leaf blade, and those cuttings should remain
on the lawn to decompose.
c" It is recommended that pesticides, fungicides, and herbicides be used only in
response to a specific problem and in the man.ler and amount recommended by the
manufacturer to address the specific problem. Broad application of pesticides,
fungicides and herbicides as a preventative measure is strongly discouraged,
EXHIBIT /2-..1
.. , ,--
1
,,-"
The use of pesticides. fungicides, or herbicides is limited to products that meet the following
criteria:
A. Must be consistent with the USDA-NRCS Soil Rating for Selecting Pesticides
8. Must have the minimum potential for leaching into groundwater or loss from runoff
C. Products must be EPA-approved
D. The half-life of products used shall not exceed seventy (70) days
3.0 Street SweepinQ
This practice involves sweeping and vacuuming the primary streets to remove dry weather
accumulation of pollutants. especially particulate matter, before wash-off of these pollutants can
occur during a storm event This practice reduces the potential for pollution impacts on
receiving waterbodies by removing particulate matter and associated chemical constituents.
Although street cleaning operations are frequently conducted primarily for aesthetic purposes,
the primary objective of the street sweeping program for the (Project Name) is to improve the
quality of stormwater runoff generated from impervious traffic areas. Street sweeping activities
can be particularly effective during periods of high leaf fait by removing solid leaf materia! and
the associated nutrient ioadings from roadside areas where they could easily become
transported within stormwater flow.
Street sweeping operations will be performed in the (Project Name) at a minimum fiequency of
one event every other month. A licensed vendor using a vacuum-type sweeping device will
perform all street s\Neeping acti'/ities. Sweeping activities during each event INill include all
p:-imary street surfaces. Disposal Gf the collected s(:;iid residu3i wiii be the respG~ls!bjjity CT the
street sweeping vendG'.
4.0 Solid Waste ManaQement
In general. solid waste manager.1e:;t invol\jes lss:Jes ,eiated to the management and handling of
urban refuse. litter and lea'.,.:.:s tha( wj!~ minimize the ir;lpact o~ tl,ese ccnstitd'3nts 83 ""ater
pollutants.
Maintenance of adequate sanitar; facilittes for temporarily storing refuse on private prernises
prior to collection is considered the responsibility of the individual homeowner. Local
requirements for refuse coilection will be brought to the attention of every homeowner at closing
for the sale of the property. Information will be distributed as necessary stating specifications
for containers, separation of waste by type, where to place containers prior to collection, and
established collection schedules.
Fallen tree leaves and other vegetation, along with grass "~lippings, may become direct water
pollutants when they are allowed to accumulate in swales and street gutters. All homeowners
will receive periodic educational materials that address proper disposal of leaves and other
vegetation to minimize water quality impacts.
~XHIBIT }L Z-
5.0 Stormwater Manaaement and Treatment System
The stormwater management system for the (Project Name) is designed to maXimIze the
attenuation of stormwater generated pollutants prior to discharge to the off-site wetland
systems. Operational details and maintenance requirements of the v.arious system components
are given in the following sections.
5.1 .Wet Detention Lakes and Lake Interconnect Pipes
The basic element of the stormwater management system consists of a series of interconnected
wet detention ponds that provide stormwater treatment through a variety of physical, biological.
and chemiq3' processes. A wet detention pond acts similar to a natural lake by temporarily
detaining stormwater runoff, allowing opportunities for treatment processes to occur, prior to
stow controlled discharge of the treated water through the outfall structure. Pollutant removal
processes in wet detention systems occur during the quiescent period between storm events.
Significant removal processes include gravity settling of particulate matter; biological uptake of
nutrients and other ions by aquatic plants. algae and microorganisms; along with natural
chemical flocculation and complexation processes.
Maintenance of the wet detention ponds will consist of an annual inspection. Owing each
annual inspection, the following items will be reviewed and corrected as necessary:
A. Inspect the outfall structure and orifices to ensure free-flowing conditions and overall
engineering stability of the outfall system.
B. Review the banks of the lakes and canals to ensure proper side slope stabilization
and inspect for signs of excessive seepage that may indicate areas of excessive
groundwater flow and possible subsurface channeling.
C. Physically evaluate each of the lakes and canals for evidence of excessive sedjment
accumulation or erosion.
D. Inspect the planted aquatic vegetation in the littoral zone to ensure that the desired
vegetation species, percent coverage, and density are maintained.
At the completion of the inspections, 8 written inspection report wili be prepared, iisting any
deficiencies that need to be addressed or corrected by the Homeowners Association.
5.2 Stormwater Inlets. Pipes and Culverts
The grates should be unobstructed and the bottom, inside the inlet. should be clean. Check for
any accumulation of sediment. trash such as garbage bags. or debris in the cufverts connecting
these inlets. Flushing out with a high-pressure hose may clean some sediment. Any noted
blockage (due to a possible obstruction, .or broken pipe, etc.) should prompt further
investigation. Crushed or corroded culverts should be replaced with new ones of the same size.
EXHIBIT 12-~'
,~~
"
o
5.3 Swales and Grassed Water Storaae Areas
These provide for conveyance and/or above-ground (or surface) storage of stormwater. With
age, these areas usually fill in with vegetation and sediment. Swales may need to be regraded
and/or revegetated. It is a good idea to compare the existing slope and dimensions of the swale
with the permitted design plans prior to the removal of excess sediment or regrading. Areas
that show erosion should be stabilized with appropriate material such as sod, planting, rock,
sand bags, or other synthetic geotextile material.
-'
Regular mowing of grass swales is essential. These areas also improve water quality by
catching sediment and assimilating nutrients, and recharge the underground water table.
Remove any undesirable exotic vegetation. Culverts underneath driveways should be checked
for blockage, and. if necessary, flushed with a high-pressure hose. After a storm, swales may
remain wet for an extended period of time. This is normal and the water will recede gradually.
5.4 Ditches or Canals
Fill material. yard waste, clippings and vegetation, sediment, trash, appliances, garbage bags.
shopping carts. tires, cars, etc. should be completely removed. Also check to make sure there
are no dead trees or any type of obstructions which could block the drainage flow way.
Maintenance cleaning/excavation must be limited to the same depth, width and side slope as
approved in the current permit. Making a ditch deeper or wider may trigger a need for a permit
modification. Provisions must also be made to prevent any downstream silting or turbidity
(Contact the SFWMD Resource Compliance staff if you are unsure or need ciarification.) 8e
sure to dispose of aU removed material properly so it won't affect any other water storage or
conveyance system. environmental area, or another owner's property.
5.5 Outfall Structure (also called the DischarQed Control Structure or Weir)
The outfall structure should be routinely inspected to determine if any obstructions are present
or repairs are needed. Trash or vegetation impeding water flow through the structure should be
removed. The structure should have a "baffle" or trash collector to prevent flow blockage and
also hold back any floating oils from moving downstream. Elevations and dimensions should be
verified annually with all current permit information. Periodic inspections should then be
regularly conducted to make sure these structures maintain the proper water levels and the
ability to discharge.
5.6 Earthen Embankments (Dikes and Berms)
Check for proper elevations, width and stabilization. Worn down berms - especially if used by
all-terrain vehicles or equestrian traffic - and rainfall - created washouts should be immediately
repaired, compacted and re-vegetated.
~;.;',v/!.ulnf3')nrr' I' Lf
r. -;. :::\. !i:1 tJt~:;j'.J 'J (...,-
1
6.0 Water Quality TestinQ
To ensure proper operation of the overall treatment system, monitoring wilt be performed at one
outfall (SW-1) from the (Project Name) if there is a flow over the weirs. According to the
proposed Water Quality Monitoring Plan, monitoring may occur 3 times a year, once during the
dry season (February/March) and twice during the wet season (AugusUSeptember). A manual
grab sample will be collected at the SW-1 outfall location and analyzed for various constituents
and parameters as described in the Surface Water Quality Monitoring Plan. Trained and
certified personnel will perform sample collection and laboratory analysis. The results of the
laboratory analyses will be submitted to South Florida Water Management District as part of an
annual water quality monitoring report by December 31 of each year.
7.0 Construction Activities
A Stormwater Pollution Prevention Plan (SWPPP) ha5 been prepared for construction activities
to minimize activities contamination that may be caused by erosion and sedimentation during
the construction process. The plan includes provisions related to soil stabilization, structural
erosion controls. waste collection disposal. offsite vehicle tracking. spill prevention and
maintenance and inspection procedures. A copy of the SWPPP is attached hereto and made a
part of hereof.
EXHIBIT [L ~j
,,,,-
.LU
CONSTRUCTION POLLUTION PREVENTION PLAN
for
'"
.~
SITE DESCRIPTION
Project Name and Owner Name and
location: (latitude. Address:
longitude, or Address)
Description: (Purpose
and Types of Soil
DisturbinQ Activities)
Construction in this project will generally consist of site clearing, lake excavation, and construction of roadways, utiiity
infrastructure, golf course. and multi-use vertical construction.
Soil disturbing activities will includ,,: clearing and gru;:,jir,g. ;!~st3!ilng 3 st3bliized construction er.t~arce. perimete' bermir.g a.~c
other erosion and sediment controls; grading; excavation for the storm water management lake. storm sewer. utilities. and building
foundations; construction of curb and gulter, road, and par',.;ing areas; and preparation for final planting, sodding. seeding and
mulchinQ.
Runoff Coefficient:
Site Area: )
Sequence of Maior A.ctivities:
The order of activities will be as follows.
1 Installation of stabilized construction erltr3nce. 9 COrTlp1ete grading. subgrade and base course cO!lstruck)"
1 Partial clearing and giubbing 9 Complete final paving
1. Install perimeter berm(s) or sil: fer:ces .",;i~h .3;raVi bel,e 9. Corr.plete landscape gracing and ins~a!l pe~manent 5-=ecil19
barrier(s) adjacent EO weiland areas 3r-C plar>tir:gs
: CGnlin,Ji; :::ieCiri..g ane grading '~\~;ier. aH c-=::;'";struct=cn a(:ti~,:!!:, :'5 ccrr,.c'a:-: ar.G ti'1.?- ~'~E: IS
1 CGr.s~r:jct;or: S::Jf~ \jvat-sr rn::::r:ag='"ne'-'~ ::=:>:==-:: .:;~ao"-:zac. ~.sr:I.J"e (ai;-:po!d'-~J &2tth bernis. S~:3'i'i :':c1!::
I. StGc:~pi:e :H:::e'laiea seiL :J3,-iiers anC fii'.:a,' fe:li.;es 3:1C ;e-seeG' at)' area..: .:;.3:....;~::Ja.j ~:
1 StablHze den"Jc8:! areas ai-a 3tG-:k;:.i!es .,".':!~'Vi 2 : ~-3:~': '~f . . .
~n€;i rE~~O\'::~
last construction activit}' in tilde area.
1 I~stalllltllit;es, stcrffi sewer. cc:rb al~d ::,ut~3r
Name of Recel ling I
Waters'
CONTROLS
Erosio("l and Sediment Cont:-:Jis i
- I
Stabilization Practices
Temporary Stabilization: Top soil stock piles and disturbed portions of the site where constructior. activity temporarily cease for a,
least 21 days will be stabilized with temporary seed and mulch no later than 14 days from the last construction activity intha! area
The seed shall be Bahia, millet, rye, or other fast-growing grasses. Prior to seeding. fertilizer or agricultural limestone shall be
applied to each area to be temporarily stabilized. After seeding, each area shall be mulched with the mulch disked into place.
Areas of the site which will be paved will be temporarily stabilized by appiying limerocl< subgrade until bituminous pavement can be
applied.
Permanent Stabilization: Disturbed portions oi the site, where construction activities 'permanenlly cease, shall be stabilized with
sod. seed and mulch, landscapmg. and/or other equivalent stabilization measure',; (e.g., rip-rap, geotextiles) no later than 14 days
after the date of the last construction activity. The sod shall typically be Floratam or Bahia sod. Prior to seeding, fertilizer or
agricultural limestone shall be applied to each area to be temporarily stabilize(! After seeding, each area shall be mulched with the
mulch disked into place.
o
EXHIBIT J~
l~
i.,:"
· CONTROLS (Continued) ~
StrUcturell Practices
Silt Fence I Straw Bale Barrier - will be constructed along those areas of the project that border adjacent wetlands. At a minimum
the silt fence and/or straw bale barrier will be placed along all wetland buffers and all Corps of Engineers jurisdictional wetland
boundaries.
Straw Bale Drop Inlet Sediment Filter - will be placed around al/ constructed storm drain inlets immediately upon completion of
construction and shall remain in-place until the contributing drainage area is stabilized. Alternatively, grate inlets can be covered
with filter fabric material until stabilization.
. . . Storm Water Manaoement
The project will utilize a system of lakes to provide the required water quality treatment and attenuation. Discharges from the water
management system will be regulated by a series of water control structures. . These control structures will be used to maintain water
levels in the detention facilities that will maintain or restore the hydro period in the wetlands and f1owways. The water control structures
will also be used to restrict the discharges from the project as described above. Dry pre-treatment will be provided for the golf course
maintenance facilities and commercial parking lot runoff prior to discharge into the lake system.
Spreader swales will' be used at appropriate locations to disperse flow and diSSipate energy of runeff into wetlands. Spreader swales w!1J
also be used at appropriate locations to disperse flows discharged from the water management system into receiving flowways.
Spreader swales will be heavily planted with native vegetation to help buffer the transition from the manmade lakes to the natural
systems.
DISCHARGE RATES
. OTHER CONTROLS .'
',' .
Waste disposal: I
Waste Materials:
All waste material.:; wi" be :oilected and slored in a trash dumpster which will meet all local and State solid wasle management
i&gulations. All tra3h and construction debris from the site wl!i be depGsit~d in this dumpster The dumpster will be empiie.j as
~<:!auireoj due !O us;; a'1d.'or Srate and iccal r~gulat!or.s, witr the trash disposed of at the ap[:'rccnate ;anc';!i o:::s.at!oi; Nc-
cor.str~ctiof1 waste materia:s 'Nlj; be buded onsite. AU pe~scr:nel wiil be instructed regarding the correct pi;Jr;edure for waste dls;:JosaL
N.),ices stat:ng these pra'::ic8S wi:l be pc-sted in the constn.!clicn oiffce trail.3r.
Haz3rdo~s I/.jaste:
All h3zardo'Js waste l'1ateria:5 ',viil be disposed of in the mann",r specifie1 by local or State regulation Qr by the manufacturer. S~!e
perscnnel will be instructec in mese practice.:;.
Saroitsrv Waste:
All sanitary waste will be coHeeled from tne portable units by 3 IGGZ'. licensed. City' of Fort rvlyer'3 sanitary 'N3S~e Tanage:l1ent
con!ra:tcr. as ieqLiired bv local ri::Gu!atlcr..
Offsite Vehicie I
Trackina:
A stabilized construction entrance has been provided to help reduce vehicle tracking of sediments. As they are completed. paved
streets will be swept as needed to remove any exces~ muck. dirt. or rock tracked from the site. Dump trucks hauling material from
tlie construction site will be covered with a tarpaulin.
.. TIM~NG OFCONTROLS/MEASURf:S.'
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Installation of hay bail i silt fence barriers (around wetlands) and stabilized construction entrance will be constructed prior to
extensive clearing or grading of any other portions of the site. Areas where constn.:ction activity temporarily ceases for more than 21
days will be stabilized with a temporary seed and mulch within 14 days of the 183t disturbance. Once construction activity ceases
permanently in an area, that area will be stabilized with permanent sod, seed and mulch. landscaping. and/or other equivalent
stabilization measures (e.g.. rip-rap. geotextiles). After the entire site is stabIlized, the sill fence f straw bale barriers can be
removed.
CERTIFICATION OF COMPUANCEWrrH FEDERAL, STATE, AND LOCAL REGULATIONS
The storm water pollution prevention plan reflects the United States Environmental Protection Agency and the South Florida W3ter
Management District (SFWWD) requirements for storm water management and erosion and sediment control. as established in the
Chapter 40E-4 FAc and Chapter 373 FS.
EXHIBIT 13,1
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'" MAINTENANCE/INSPECTION PROCEDURES
Erosion and Sediment Control Inspection and Maintenance Practices
These are the inspection and maintenance practices that will be used to maintain erosion and sediment controls.
. All control measures will be inspected at least once each week and following any storm event of 0.5 inches or greater.
. All measures will be maintained in good working order; if a repair is necessary, it shall be corrected as soon as possible. but in
no case later than 7 days after the inspection,
. Built up sediment will be removed from silt fence when it has reached one-half the height of the fence.
. Sill fence will be inspected for depth of sediment, tears. to see if the fabric is securely attached to the fence posts, and to see
that the fence posts are firmly in the ground,
. Temporary seeding and permanent sodding and planting will be inspected for bare spots, washouts, and healthy growth.
. A maintenance inspection report will be made after each inspection. A copy of the report form to be completed by the inspector
is attached. .
. The Owner will appoint one individual who will be responsible for inspections, maintenance and repair activities, and for
completing the inspection and maintenance reports.
. Personnel selected for inspection and maintenance responsibilities will receive training from the site superintendent. They will
be trained in all the inspection and maintenance practices necessary for keeping the erosion and sediment controls used onsite
in good working order.
Non-Storm Water Discharqe
It is expected that the following non-storm water discharges will occur from the site during the construction period:
. Water from water line flushings.
. Pavement wash waters (when no spills or leaks of toxic or hazardous materials have occurred).
t Uncontaminated groundwater (from dewatering excavation).
~ An 'lon-sterr!' water d:schargas will be directed to the storm water management facilities prior to discharge.
INVENTORY FOR POLLUTION PREVENTION PLAN
Tne matena!s or substances listed below ara expected to be present onsite during construction:
. Concrete . Fertilizers
. Datergents . Petroleum Based Prcduc!s
. Paints (':lnamel and latex) . Cleaning Solvents
+ rvlatal Studs + Wood
. A3chalt ~ + Masonry Bloc;';
. Roofing Shingles . Clay or concrete bricks
EXHIBII
1-3,?-
3flgt2004-- 31971 Ve' cpo. .IE',.:!~S
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SPILL PREVENTION
<.'1
Material Manaaement Practices
The following are the materials management practices that will be used to reduce the risk of spills or other accidental exposure of
materials and substances to storm water runoff.
Good Housekeeoina: I
The following good housekeeping practices will be followed onsite during the construction project
. An effort will be made to store only enough product required to do the job.
. All materials stored onsite will be stored in a neat, orderly manner in their appropriate containers, and if possible. under a roof
or other enclosure.
. Products will be kept in their original containers with the original manufacturer's label.
. Substances will not be mixed with one another unless recommended by the manufacturer.
. Whenever Possible. all of a product w;lI be used up before disposing of the container
. Manufacturers' recommendations fer proper use and disposal will be followed
. The site superintendent will inspect to ensure proper use and disposal of materials snsite.
Hazardous Products: I
These practices are used to reduce the risks associated with hazardous materials:
. ProdlJcts will be keptrn originai containers unless they are not resealable.
. Original labels and material safety data will be retained: they contain Important prodL:ct ;nbrmatioll.
. If surplus product must be disposed oi. manufacturers' or local and State recommended methods for proper dispo:>al Will be
followed.
Product Specific Practices
The fciiowirg produce specifrc pracu:es \~ii' be ioliowed 0['3It9:
Petr:;!eum ProducL;: I
-'\H onsite vehicles will be monitored for leaks ane! receive regular creventive maiLltenance to reduce !r9 cha;-:ce of :s3Kac::e.
Petroleum produ.:ts will be stored In tightly sealed containers whl~h will be clearly labeieci Ar/ asphalt s\Jcsiallces uss'.~ 'Jrslte .vd!
be applied in accordar'ce with the r.canufacturer's ;'ecom;r;end2[icr.s and standard cons!ructi(!;"1 ;:>cacU.:es.
Ferti!izers: I
Fertilizers ~.,.;i11 be applied o~ly:n the minir;;~m e.rnaun:s re::c:.mmeild~8 c.y ~he man~factur:.:;:. 0""1;':':; 8~Q!~e~~ fectili::::( iJl/l~l oJ8 .;....';:""~2<~
into the 50ii to Hrrlj( exposure tG -5[(':((;; #a~e;~. St.')r6ge will t,s ;11 a cover~d shed. T:.e C:JI~lt3fl~3 .): 3:'1:, C\3!-:iaii'j ~j3ed 0a~:3 Of f~:"_;!i~~;
v\lii: be rra'1sferrsd to a sealable ;:;Iask bin to aYoi~ sallis.
Paints:
I
All containers will be tightly seaied and stcred when not required for use. Ex;:;ess pair; w:1i not be di:;charged :0 the s;orr.. S8',>,e,
system but will be properly disposed of according to manufacturers' instructions and/or state and local regulations.
EXHIBIT 13.
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SPILL PREVENTION (Continued)
/'~ Spill Control Practices
In addition to the good housekeeping and material management practices discussed in the previous sections of this plan, the
following practices will be followed for spill prevenlion and cleanup.
. Manufacturers' recommended methods for spill cleanup will be clearly posted and site personnel will be made aware of the
procedures and the location of the information and cleanup supplies.
. Materials and equipment necessary for spiil cleanup will be kept in the material storage area onsite. Equipment and
materials will include..but not be limited too-rags, gloves. goggles, kitty litler, sand, and plastic and metal trash containers
specifically for this purpose. . ..
. All spills will be cleaned up as soon as possible after discovery.
. The spill area will be kept well ventilated and personnel will wear appropriate protactive ::lothing to prevent injury from conlae
with a hazardous substance.
. Spills of toxic or hazardous material will be reported to the appropriate state 0,' IIxal governrnBnt ager-cy, regardless ot tnf::
size.
. The spill prevention plan will be adjusted to include measures to prevent this tWleof spill irom reocClIrnng and how to clear.
up the spill jf there is another one. .A. description of the spil!, what caused it. and troe cleanup measures will 31s0 be i:lcluc!ed.
. The Contractor's site superintendent wifl be responsible for the day-to-day site operations and will be the spill prevention 2:'0
cleanup coordinator. He will desigr'13!8 at least two other site personnel who witt receive spill prevention and cleanup training
These individuals will each become responsible for a particular phase of prevenlion and cieanup. The names of respor,sible
spill personnel will be posted in the material storage area and in the office trailer onsile.
EXHIBIT
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. -. '- ..... PpLlUTJON PREV.El'ftlPN'PLANCERTIFICATION ]
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.' - I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information. the
information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
Signed:
Print Name:
Title:
-
Date:
.":::.\"::;.>"~:',,;;.' '.' CONTRACTo'R'$:e~RTIFICA TION - ..
, ' . , , ". '.~..~:" ','. "
I certify under penalty of law that I understand the terms and conditions of the general National Pollutant Discharge Elimination
System (NPDES) permit that authorizes the storm water discharges associated with industrial activity from the construction site
identified as part of this certification.
Sionature For Responsible for
Date:
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Date:
EXHIBIT
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3...9t20C-.....31971 Vet OH. JE'J~S
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CONSTRUCTION POLLUTION PREVENTION PLAN
for
10
Inspection And Maintenance Report Form
(To be completed every 7 days and within 24 hours of a rainfall event of O. 5 inches or more)
INSPECTOR:
DATE:
INSPECTOR'S QUAL/FICA TIONS:
Days since last rainfall:
Amount of last rainfall
inches
.->
Area Date Since Date of Next Stabilized? Stabiiized Condition
Last Disturbed Disturbance (yes/no) - With
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STABILIZATION MEASURES
Stabilized required:
To be performed by:
on or before:
Jll9.'20CJ4.. 3t~7 ~ Ver O,~- )EVANS
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EXHIBIT /3..h
CONSTRUCTION POLLUTION PREVENTION PLAN
for
Inspection And Maintenance Report Form
Structural Controls
DATE:
SILT FENCE I STRAW BALE BARRIER
From To Is Silt Fence I Straw Is there evidence of
Bale Barrier in place? washout or over-toppino?
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Maintenance required for silt fence I straw bale barrier:
To be performed by:
on or before:
aNt.IT i 3.7
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CONSTRUCTION POLLUTION PREVENTION PLAN
for
In
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Inspection And Maintenance Report Form
Structural Controls
-"'"-
DATE:
EARTHEN PERIMETER BERM
From To Is berm stabilized ? Is there evidence of
. ~ washout or over-toppin~j?
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Maintenance required for perimeter berm:
To be performed by:
on or before:
EXHIBIT 13.-t
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CONSTRUCTION POLLUTION PREVENTION PLA~
for .
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Inspection And Maintenance Report Form
CHANGES REQUIRED TO THE POLLUTION PREVENTiON PLAN:
REASONS FOR CHANGES:
I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gathered
and evaluated the information submitted. Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the information, the information submitted is, to
the best of my knowledge and belief, true, accurate, and complere. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and imprisonment for knowing
violations.
Signature
Date
E~HIBIT 13,4
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DEPARTMENT OF THE ARMY
JACKSONVILLE DISI'RICT CORPS OF ENGINEERS
FORT MYERS REGULATORY OFFICE
1520 ROYAL PALM SQUARE BOULEVARD, SUITE 310
FORT MYERS, FLORIDA 33919
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US Army Corps of Engineers
Fort Myers Regulatory Division
South' Permits BranchlWest Permits Section
. SAJ-2002-2436(IP-MJD)
JUL ~ 8 2005
Collier County Board of County Commissioners
John H. Bolt, P .E.
Collier County Stormwater Management Director
3301 Tamiami Trail East
Naples, Florida 34112
Dear Mr. Bolt:
Enclosed is a Department of the Army (DA) permit and a Notice of Authorization for
application number SAJ-2002-2436(IP-MJD), to construct a surface water management
system. The project site includes freshwater wetlands located within the Lely Main, Lely
Branch and Lely Manor Canal Basins. The project site is bounded by C.R. 951 (Collier
Blvd.) to the east and Radio Road to the north, in Sections 3-10, 15-25,29-31 and 36
Township 50 South, Range 26 East, Collier County, Florida.
.....'
The enclosed placard is required to be prominently displayed at the construction site.
You may begin the work authorized by this permit. This permit does not relieve you of
your responsibilities for any other Federal, State of local permit.
In order to determine compliance with the permit, U.S. Army Corps of Engineers
personnel or a contractor may inspect the project site at any time. A copy of the enclosed
permit and drawings, in addition to the placard, must be available at the site of work at all
times. Please be aware that failure to comply with the permit limits or the conditions may
result in enforcement actions to include civil penalties.
If, in the future, you choose to modify your permitted work, this must be requested in
writing and drawings showing the proposed changes must also be submitted. Any
requests for extensions beyond the five year time limit must be requested, in writing, at
least one month prior to the expiration date of the permit.
Sincerely,
8AJ-2002-2436 (IP-MJD)
Lely Area 8tormwater Improvement Project
Enclosures
Copy Furnished:
8FWMD. Fort Myers (permit #11-01140-8)
U8FW8
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Permittee: Collier County Board of County Commissioners
3301 Tamiami,Trail East
Naples; Florida 34112
Permit No: SAJ-2002-2436 (IP-MJD)
Issuing Office: US Army Engineer District, Jacksonville
NOTE: The term "you" and its derivatives, as used in this permit, mean the permittee or
any future transferee. The term "this office" refers to the appropriate district or division
office of the US Army Corps of Engineers having jurisdiction over the permitted activity
or the appropriate official of that office acting under the authority of the commanding
officer.
~
You are authorized to perform work in accordance with the terms and conditions
specified below.
,.....;
Project Description: To discharge approximately 7,395 cubic yards offill material
into 11.6 acres of wetlands, excavate approximately 128,324 cubic yards from 28.3 acres
of wetlands to construct a surface water management system. The project also includes
the creation of spreader lakes and the creation of 1.6 acres of mangrove wetlands. The
work is to be completed in accordance with the attached plans numbered SAJ-2002-2436
(IP-MJD) 12 sheets dated July 19, 2005. These drawings can be found in Attachment A,
which is attached to, and becomes part of, this permit.
Project Location: The project site includes freshwater wetlands located within
the Lely Main, Lely Branch and Lely Manor Canal Basins. The proposed project site is
bounded by C. R. 951 (Collier Boulevard) to the east and Radio Road to the north in
Sections 3-10,15-25,29-31 and 36, Township 50 South, Range 26 East, Collier County,
Florida
Latitude 26007'00" N and Longitude 81043'34" W
SAJ-2002-2436 (IP-MJD)
Lely Area Stormwater Improvement Project
Permit Conditions:
General Conditions:
1. The time limit for compl~ting the work authorized ends on Julv 25, 2015. If you
find that you need more time to complete the authorized activity, submit your request
for a time extension to this office for consideration at least one month before the above
date is reached.
,
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although .you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Shall you wish
to cease to maintain the authorized activity or shall you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and State coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for
. listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature and
mailing address of the new owner in the space provided and forward a copy of the
permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must
comply with the conditions specified in the certification as special conditions to this
permit. For your convenience, a copy of the certification is attached (see Attachment
B).
6. You must allow representatives from this office to inspect the authorized activity at
any time deemed necessary to ensure that it is being or has been accomplished in
accordance with the terms and conditions of your permit.
2
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SAJ-2002-2436 (IP-MJD)
Lely Area Stormwater Improvement Project
Special Conditions:
1. The permittee shall notify the Corps in writing at least 48 houra prior to
commencement of the work authorized by this permit and shall provide a written status
report every six months un~i1 th.e authorized work has been completed. This
commencement notification, status reports, monitoring reports, and all other reports
regarding this permit shall be submitted to the U.S. Army Corps of Engineers,
Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, Florida 32232-
0019 and shall reference the permit number.
2. The mitigation areas consisting of 10.1 and 99.2 acres of cypress and
cypress/pine wetlands and uplands shall be managed in perpetuity to control nuisance
and exotic vegetation and be placed into a conservation easement granted to the South
Florida Water Management District within 180 days from commencement of activities
authorized by this permit.
3. The applicant shall commence construction of the compensatory mitigation
concurrent with the on-set of wetland impacts and finish all mitigation, exotic vegetation
removal activities within one year.
,"""';'
4. The permittee shall ensure that the 1 09.3 acres of preserve areas remain in a
natural state in perpetuity. The natural preserve area shall not be disturbed by any
dredging, filling, land clearing, agricultural activities, planting, or any other construction
work whatsoever (except as necessary to comply with the exotic removal and any
supplemental plantings). The only future utilization of the preserved area will be as a
natural area. With the exception of the mitigation plan as specified in Attachment C (11
pages), any work within the 109.3 acres of on-site preserves shall be approved by the
Corps of Engineers. Such approval may require a modification to the DA permit,
additional mitigation or may require initiation of consultation with the FWS.
5. The permittee shall monitor the 109.3-acre on-site compensatory mitigation area.
Monitoring shall consist of baseline monitoring (prior to mitigation construction), time-
. zero monitoring (within 30 days following completion of the mitigation work), and annual
monitoring reports thereafter. The baseline monitoring and time-zero monitoring reports
shall be submitted to the Corps within 60 days of data collection. All monitoring reports
shall be mailed to the U.S. Army Corps of Engineers, Regulatory Division, Enforcement
Branch, P.O. Box 4970, Jacksonville, Florida 32232-0019. Each monitoring report shall
include data collected on vegetation, wildlife, rainfall, wetland water levels and other
information as described in the "Mitigation Area Monitoring and Maintenance Program".
and shall also include the following items:
a. Department of the Army permit number;
b. Sequence number of the report being submitted;
3
10 U \...~ ~
SAJ-2002-2436 (IP-MJD)
Lely Area Stormwater Improvement Project
c. Date the next report is expected to be submitted, and
d. Brief summary of the status of the mitigatioh including any problems encountered
e. and the remedial actions taken.
6. Annual monitoring shall continue for a minimum of five years or until the success
criteria has been met for three "consecutive years following the completion of t.he
mitigation activities. A request for a final inspection shall be submitted with the last
monitoring report. The Corps of Engineers shall make the success determination.
7. The 109.3-acre mitigation area shall be enhanced c;lnd managed in perpetuity for
the control of invasive exotic vegetation as defined by the Florida Exotic Pest Plant
Council's 2003 List of Invasive Species (Category 1) (http://fIeppc.onA There shall be
no invasive exotic vegetation or nuisance plant species of seed bearing size in the
mitigation area. Plants over three feet in height are considered to be seed bearing in
size. At no time shall the density of invasive exotic vegetation or nuisance plant species
smaller than seed bearing size exceed 2% of the aerial cover in any individual stratum.
At no time shall the total density of invasive exotic vegetation or nuisance plant species
smaller than seed bearing size exceed a total of 5% for all strata. Any other work or
alteration in these areas will require modification of this Department of the Army pennit
and possibly additional mitigation.
8. This Corps permit does not authorize you to take an endangered species. in
particular the bald eagle. In order to legally take a listed species, you must have separate
authorization under the ESA (e.g., and ESA Section 10 permit, or a 80 under ESA
Section 7. with "incidental take" provisions with which you must comply). The enclosed
FWS BO contains mandatory terms and conditions to implement the reasonable and
prudent measures that are associated with "incidental take" that is also specified in the
80. Your authorization under this Corps permit is conditional upon your compliance with
all of the mandatory terms and conditions associated with incidental take of the attached
BO (Attachment 0,17 pages) which terms and conditions are incorporated by reference
in this permit. Failure to comply with the terms and conditions associated with incidental
take of the 80, where 'a take of the listed species occurs, would constitute an
unauthorized take, and it would also constitute non-compliance with your Corps pennit.
The FWS is the appropriate authority to determinie compliance with the terms and
conditions of its 80, and with the ESA.
9. Nine water quality monitoring stations will be installed and monitored for a
minimum of five years as contracted through the Collier County Pollution Control &
Prevention Department. A station will be located a the inflow and outflow of each of the
three spreader lakes. Discharges will be monitored a these six stCltions. These six
stations are in addition to the three upstream stations proposed by Collier County in
September 2004.
4
10
SAJ-2002-2436 (IP-MJD)
Lely Area Stormwater Improvement Project
10. The water quality parameters and the monitoring frequency will be the same as
presently conducted by Collier County. Each of the nine stations will be samples
monthly, and the samples will be analyzed for 36 parameters including physical
properties, biological and microbiological components, nutrients, metals and important
ions. Nutrients, total suspended solids and turbidity are of special interest.
, ..
11. Annually, Collier County will report water quality and discharge data to EPA, the
South Florida Water Management District and the Rookery Bay National Estuarine
Research Reserve. These organizations will recommend additional monitoring,
treatment or adaptive management, if necessary.
12. Within 60 days of completion of the work authorized an,p mitigation, the permittee
shall provide to the US Army Corps of Engineers as-built drawings of the authorized
work, including mitigation, and a completed As-Built Certification Form. (Attachment K,
3 pages)
5
SAJ-2002-2436 (IP-MJD)
Lely Area Stormwater Improvement Project
10\
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Further Information:
, "'
1. Congressional Authorities: You have been authorized to undertake the activity
described above pursuant to:
(X) Section 10 of the Rivers and Harbors Act of 1899
(33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344)..
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C.1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State, and local
authorization required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal
projects.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not
assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this permit.
d. Design .or construction deficiencies associated with the permitted work.
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SAJ-2002-2436 (IP-,MJD)
Lely Area Stormwater Improvement Project
e. Damage claims associated with any future modification, suspension, or revocation
of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this
permit is not contrary to th~ p4.blic interest was made in reliance on the information you
provided.
5. Reevaluation of Permit Decision: This office may reevaluate its decision on this
permit at any time the circumstances warrant. Circumstances that could require a
reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this .permit.
b. The information provided by you in support of your permit application proves to
have been false, incomplete, or inaccurate (see 4 above).
c. Significant new information surfaces, which this office did not consider in reaching
the original public interest, decision.
Such a reevaluation may result in a determination that it is appropriate to use the
suspension, modification, and revocation procedures contained in 33 CFR 325.7 or
enforcement procedures such as those contained in 33 cFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order
requiring you comply with the terms and conditions of your permit and for the initiation
of legal action where appropriate. You will be required to pay for any corrective
measures ordered by this office, and if you fail to comply with such directive, this office
may in certain situations (such as those specified in 33 CFR 209.170) accomplish the
corrective measures by contract or otherwise and bill you for the cost.
6. Extensions: General Condition 1 establishes a time limit for the completion of the
activity authorized by this permit. Unless there are circumstances requiring either a
prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an
extension of this time limit.
7
SAJ-2002-2436 (IP-MJD)
Lely Area Stormwater Improvement Project
},
Your signature below, as permittee, indicates that you accept and agree to comply with
the terms and conditions of this permit.
7.2&.05
(DATE)
\ !
'. I .
(TYPE OR PRINY PERMITTEE NAME AND TITLE)
~
This permit becomes effective when the Federal official, designated to act for the
Secretary of the Army, has si ed below.
tJi
(DIS ICT ENGI
Robert M. Carpen
Colonel, U.S. Army
District Engineer
7 -rl-'I- oS-
( DATE)
THIS PERMIT CONTAINS 11 ATTACHMENTS, TOTALING 59 PAGES
Attachment A - Permit Drawings (12 pages)
Attachment B -WATER QUALITY CERTIFICATION .(South Florida Water
Management District) Special Conditions in accordance with the General Condition
number 5 on page 2 of this DA permit - (4 Pages)
Attachment C - Compensatory Mitigation Plan (11 pages)
Attachment 0 - U.S. FWS Biological Opinion (17 pages dated May 13, 2002)
Attachment E - Wood Stork Management Plan (2 pages)
Attachment F - RCW Management Plan (2 pages)
Attachment G - Bald Eagle Management Plan ( 2 pages)
Attachment H - American Crocodile Management Plan (2 pages)
Attachment I - Eastern Indigo Snake Protection Plan (3 pages)
Attachment J - Self-Certification Statement of Compliance (1 page)
Attachment K - As Built Certification (3 pages)
8
In
t.:
~' !
SAJ-2002-2436 (IP-MJD)
Lely Area Stormwater Improvement Project
Permit Transfer: When the structures or work authorized by this permit are still in
existence at the time the property is transferred, the terms and conditions of this permit
will continue to be binding on the new owner(s) of the property. To validate the transfer
of this permit and the associated liabilities associated with compliance with its terms
and conditions, have the tr,ansferee sign and date below.
(PERMITTEE - SIGNATURE AND TITLE)
DATE
Permittee: Collier County Public Utilities
3301 Tamiami Trail East
Naples, Florida 34112
PERMIT NUMBER: SAJ-2004-4078 (IP-MJD)
_.\
LOCATION & AUTHORIZED WORK: To discharge approximately 7,395 cubic yards of
fill material into 11.6 acres of wetlands, excavate approximately 128,324 cubic yards from
28.3 acres of wetlands to construct a surface water management system. The project
also includes the creation of spreader lakes and the creation of 1.6 acres of mangrove
wetlands. The project site includes freshwater wetlands located within the Lely Main,
Lely Branch and Lely Manor Canal Basins. The proposed project site is bounded by
C.R. 951 (Collier Boulevard to the east and Radio Road to the north in Sections 3-10,
15-25,29-31 and 36 Township 50 South, Range 26 East, Collier County, Florida
(TRANSFEREE - SIGNATURE)
(DATE)
(NAME AND'TITLE - PRINTEDITYPED)
(NAME AND ADDRESS (CITY, STATE, AND ZIP CODE) - PRINTEDITYPED)
(TELEPHONE NUMBER)
The above transfer agreement shall be completed and mailed to the local Corps of
Engineers Regulatory Office or to:
U.S. Army Corps of Engineers, Jacksonville District
A TTN: Regulatory Division, Enforcement Branch
P.O. Box 4970
Jacksonville, Florida 32232-0019
9
Attachment A
Permit Drawings
12 pages
1
LEL Y AREA STORMW A TER IMPROVEMENT PROJECT (LAswl-
SOUTHEAST NAPLES, COLLIER COUNTY, FLORIDA
f"1
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RADIO ROAD
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SECTION 27 .
SECI10N 36
SEC170N 32
SECTION 34
VICINITY MAP
OVERALL REGIONAL BOUNDARrnS
'-
Collier County SOCC
SAJ-2002-2436 (IP-MJD)
July 19, 2005
Page 1 of 12
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CODE
411 Pine FIaIwcods
416 Pine Flatwoods, Gramlnold Unde
422 Brazllan Pepper
426 Tropical Hardwoods
427 live Oak
428 Cabbage Palm
527 Slorm Waler Management Lake
612 Mangrove
617 Mixed Wetland Hardwoods
621 Cypress
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MITIGATION AREA FLUCFCS LEGEND
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Collier County SOCC
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Attachment 8
WATER QUALITY CERTIFICATION
South Florida Water Management District
Special Conditions
4 Pages
7"
10 .
PAGE 2
OF 8
SPECIAL CONDITIONS
1. The conceptual phase of this permit shall expire on October 14, 2006.
The construction phase of this permit shall expire on October 14, 2009.
2. Operation of the surface water management system shall be the responsibility of
the permittee. Prior to transfer of title for any portion of the project to a
third party modification of the permit will be required.
3.
Discharge Facilities:
11
In accordance with the specifications detailed in Exhibit
4. The permittee shall be responsible for the correction of any erosion, shoaling or
water quality problems that result from the construction or operation of the
surface water management system.
5. Measures shall be taken during construction to insure that sedimentation and/or
turbidity violations do not occur in the receiving water.
6. The District reserves the right to require that additional water quality treatment
methods be incorporated into the drainage system if such measures are shown to be
necessary.
7. Lake side slopes shall be no steeper than 4:1 (horizontal:vertical) to a depth of
two feet below the control elevation. Side slopes shall be nurtured or planted
from 2 feet below to 1 foot above control elevation to insure vegetative growth,
unless shown on the plans.
8. Facili ties other than those stated herein shall not be constructed without ar
approved modification of this permit.
9. A stable, permanent and accessible elevation reference shall be established on or
within one hundred (100) feet of all permitted discharge structures no later than
the submission of the certification report. The location of the elevation
reference must be noted on or with the certification report.
10. The permittee shall provide routine maintenance of all of the components of the
surface water management system in order to remove all trapped sediments/debris.
All materials shall be properly disposed of as required by law. E'ailure to
properly maintain the system may result in adverse flooding conditions.
11. This permit is issued based on the applicant's submitted information which
reasonably demonstrates that adverse water resource related impacts will not be
caused by the completed permit activity. Should any adverse impacts caused by the
completed surface water management system occur, the District will require the
permittee to provide appropriate mitigation to the District or other impacted
party. The District will reqc:ire the permittee to modify the surface water
management system, if necessary, to eliminate the cause of the adverse impacts.
12. Prior to the commencement of construction, sediment and erosion controls shall be
installed at the perimeter of the wetland/upland buffer areas to prevent
encroachment into the protected areas. The permittee shall notify the District's
Environmental Resource Compliance staff in writing upon completion of the
installation and schedule an inspection of this work. The installation and
location of the sediment, erosion, and/or turbidity controls shall be subject to
L.L:JJ.:\..l-.l.J....L "'-'V.
..L..L-U...l...J..":lV-.,:)
PAGE 3 OF 8
District staff approval. The permittee shall modify the location and ins~~a{ion
if District staff determines that it is insufficient or is not in conformance with
the intent of this permit. Sediment, erosion, and/or turbidity controls shall
remain in place until all adjacent construction activities are complete.
13. An average 25' wide, minimum IS', buffer of undisturbed upland vegetation shall
be maintained between the proposed development and existing wetlands as depicted
on the approved construction plans. Buffers shall be staked and roped and
District environmental staff notified for inspection prior to clearing.
14. Opon the submittal of ;Eutl1're construction phases, the permittee shall submit a
report detailing the status of previously permitted wetland impacts and wetland
mitigation areas. In addition, the applicant shall also provide updated wetland
jurisdictional determinations verifed in the field by District staff and updated
listed species surveys for each area included within the project area requesting
construction approval.
15. Prior to the commencement of construction resulting in wetland impacts and in
accordance with the work schedule in Exhibit No. 9, ~he permittee shall submit two
certified copies of the recorded conservation easement for the mitigation area and
associated buffers. The data should also be supplied in a digital CAD (. dxf) or
GIS (ESRI Coverage) format. The files should be in the Florida State Plane
coordinate system, East Zone (3601) with a data datum of NAD83, HARN 'with the map
units in feet. This data should reside on a CD or floppy disk and be submitted to
the District's Environmental Resource Compliance Division in the service area
office where the application was submitted.
The recorded easement shall be in substantial conformance with Exhibit 7a-h. Any
proposed modifications to the approved form must receive prior written consent
from the District. The easement must be free of encumbrances or interests in the
easement which the District determines are contrary to the intent of the easement.
In the event it is later determined that there are encumbrances or interests in
the easement which the District determines are contrary to the intent of the
easement, the permittee shall be required to provide release or subordination of
such encumbrances or interests.
16. A monitoring and maintance program shall be implemented in accordance with Exhibit
Nos 6.1-6.33,9 for the 10 acre, 99 acre, and 1.6 acre mitigation areas. The
monitoring and maintenance program shall extend for a period of at least 5 years
with annual reports submitted to District staff. At . the end of the first
moni tor ing period the mi tigation area shall contain an 80% survi ,!al of planted
vegetation. The 80% survival rate shall be maintained throughout the remainder of
the monitoring program, with replanting as necessary. If native wetland,
transitional, and upland species do not achieve an 80% coverage wi thin the
initial two years of the monitoring program, native species shall be planted in
accordance with the maintenance program. At the end of the 5 year monitoring
program the entire mitigation area shall contain an 80% survival of planted
vegetation and an 80% coverage of desirable obligate and facultative wetland
species.
17. A time zero monitoring report for the 1.6 acre creation area shall be conducted in
accordance with Exhibit No 6.33. The plan shall include a survey of the areal
extent, acreage and cross-sectional elevations of the created area and panoramic
photographs for each habitat type. The report shall also include a description of
planted species, sizes, total number and densities of each plant species within
each habitat type as well as mulching methodology.
18. The conservation areas depicted on Exhibits 7a-h may in no way be altered from
.... ........."L-.J..1...~ L'fV.
..1....L-u.J...L~V oJ
PAGE 4
OF 8
their natural or permitted state. Activities prohibited within the conservation
areas include, but are not limited to: construction of placing buildings on or
above the ground; dumping or placing soil or other substances such as trash;
removal or destruction of trees, shrubs, or other vegetation with the exception of
exotic vegetation removal and activities allowed under the permit authorization.
19. A maintenance program shall be implemented in accordance with Exhibit Nos.6.l-6.33
for the 99 acre, 10 acre, and 1.6 acre mitigation areas on a regular basis to
ensure the integrity and viability of those areas as permitted. Maintenance shall
be conducted in perpetuity to ensure that the conservation area is maintained free
from Category 1 exotic ,veg~tation (as defined by the Florida Exotic Pest Plant
Council at the time of permit issuance) immediately following a maintenance
activity. Coverage of exotic and nuisance plant species shall not exceed 5% of
total cover between maintenance activities. In addition, the permittee shall
manage the conservation areas such that exotic/nuisance plant species do not
dominate anyone section of those areas.
20. Endangered species, threatened species and/or species of special concern have been
observed onsite and/or the project contains suitable habitat for these species. It
shall. be the permittee's responsibility to coordinate with the Florida Fish and
Wildlife Conservation Commission and/or the U. S. Fish and Wildlife Service for
appropriate guidance, recommendations and/or necessary permits to avoid impacts to
listed species.
21. The District reserves the right to require remedial measures to be taken by the
permittee if monitoring or other information demonstrates that adverse impacts to
onsite or offsite wetlands, upland conservation areas or buffers, or other surface
waters have occurred due to project related activities.
22. Grass seed or sod, shall be installed and maintained on all disturbed areas within
48 hours of completing final grade, and at other times, as necessary, to prevent
erosion, sedimentation or turbid discharges into receiving waters and/or adjacent
wetlands.
23. The Permittee shall be required to demonstrate in subsequent construction
applications that Bald Eagles will not be adversely impacted pursuant to 4 OE-4,
F .A. C. If Bald Eagles are present, an Eagle Management Plan will need to be
provided and approved by District staff. No clearing or grading shall be conducted
during the nesting season within the primary (750') and secondary (1500') zones
unless otherwise approved and all construction activities shall be coordinated
with the Florida Fish and Wildlife Conservation Commission and the US Fish and
Wildlife Service.
24. The Urban Stormwater Management Program (Exhibit Nos.l2.0-12.5) shall be included
as part of the operating procedures for this project.
25. The Permittee shall utilize the criteria contained in the construction Pollution
Prevention Plan (Exhibit Nos. 13.0-13.9) and on the applicable approved
construction drawings for the duration of the projects construction activities.
26. Exhibits Nos. 12.0-12.5 and 13.0-13.9 incorporated by reference and shall be
retained in the permit file.
27. Operable storrnwater management structures are the responsibility of Collier County
and shall be completed in accordance with Exhibits Sa-r.
~ ,t:;!;U"1l '.r NU:
.l.L-U.L.LqU-~
PAGE 5
OF 8
1 ;'1
\,.",
28. Exhibit Nos. 2.01 2.94, Lely Area Stormwater Improvement project plans are
hereby attached by reference.
29. The authorization for construction of the surface water management system is
issued pursuant to the water quality net improvement provisions referenced in Rule
Section 40E-4.303(1), Florida Administrative Code; therefore, the state water
quality certification is waived.
Attachment C
Compensatory Mitigation Plan
14 pages
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Note: Base map and mitigation site infonnation I'Bceived
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Collier County sace
LASIP
SAJ-2002-2436 (IP-MJD)
July 19. 2005
Page 1 of 11
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Collier County SOCC
LASlP
SAJ-2002-2436 (IP-MJD)
July 19, 2005
Page 3 of 11
1= = I. Potential Other Waters
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411 PIne Flatwoods
~16 PIne FlalwDods. Gramlnold Und
422 BrazUlan Pepper
~26 TropIcal Hardwoods
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428 Cabbage Palm
527 5tonn Waler Management Lake
612 Mangrove
617 Mixed WeUaml Hardwoods
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Conifers
Collier County SOCC
Nf'A~
LASIP,
SAJ-2002-2436 (I P-MJD) ,,#,.
July 19, 2005
Pa e 5 of 11
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Kevin L. Erwin~
Consulting Ecologist. Inc.
2017 alyUll PaoIoo!Iy fGI\ Myooa FIorido :l3IO' 1'41) 337-llS05
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Figure G-5. Mangrove restoration mitigation area p!"Dposed conditions map
Appendix G - Environmental Impacts And Proposed Mitigation Plans
9
Table G.3. Ten acre and 99:1: acre parcels existing vegetation summary
1
10:1: Acre Parcel
99:1: Acre Parcel
FLUCCS Habitat Acres Percent of Acres Percent of
Code Total Total
321 Palmetto Prairie - - 2.2 2.2
411 Pine Flatwoods - - 17.7 17.8
416* Pine Flatwood,s, GIjiminoid 3.8 37.6 22.1 22.3
Understory
424* Melaleuca 2.7 26.7 56.6 57.1
621* Cypress 2.3 22.8 - -
624* Cypress-Pine-Cabbage Palm 1.2 11.9 - -
743 Spoil Areas 0.1 1.0 - -
814 Roads and Highways - , - 0.6 0.6
TOTAL 10.1 10fuO 99.2 100.0
* WetIand
Palmetto Prairie (FLUCCS Code 321)
This upland community is dominated by a thick saw palmetto understory with widely scattered
slash pines. Other plants present include bracken fern, grapevine, smilax, fetterbush, and
pennyroyal.
Pine Flatwoods (FLUCCS Code 411)
lqis upland cOpllllunity type occurs as small islands scattered across the 99:1:-acre parcel. A
canopy of slash pine and an understory of thick saw palmetto ranging 3 to 7 feet tall dominate it.
Other plant species present include scattered live oak and cabbage palm, beautyberry, grapevine,
winged sumac, and pennyroyal. Exotics, primarily melaleuca and Brazilian pepper, are also
present in varying densities
Pine Flatwoods. Graminoid Understory (FLUCCS Code 416)
This transitional wetland community is the dominant wetland type in the eastern half of the 99:f::-
acre parcel. Slash pine and melaleuca are the dominant canopy species. The mid-story varies
depending on the location but typically consists primarily ofmelaleuca, pine, and cypress
saplings. Scattered saw palmetto, dahoon holly, cabbage palm, and swamp bay are also present.
The ground cover stratum varies depending on the density ofmelaleuca in the canopy and mid-
story strata. ill more open areas species such as swamp fern, little blue maidencane, yellow-eyed
grass, Florida three-awn, saw-grass, and grapevine are present. In areas of dense exotics, ground
cover consist primarily of bare ground I duff with scattered patches of the species listed above.
Melaleuca (FLUCCS Code 424)
The majority of the western half of the 99:l:-acre parcel contains this highly disturbed wetland
habitat. Mel1ileuca is the dominant species in all three strata. Widely scattered pine and cypress
are also present. Ground cover is primarily bare ground I melaleuca duffwith scattered small
patches of swamp fern. This area was probably historically either hydric pine flatwoods or a
cypress - pine mix that has become dominated by this problematic exotic.
Collier County BOCC
LASIP
SAJ-2002-2436 (IP-MJD)
July 19, 2005
Pa e 6 of 11
'1 ro-
I' i
4"
1 ,c~ier County sacc
1LAplP
SAJ-2002-2436 (IP-MJD)
July 19, 2005
Pa e 7 of 11
Appendix G: Environmental Impacts And Proposed Mitigation Plans
Cvpress (FLUCCS Code 621)
This wetland community is located on the 10:1:-acre parcel. Cypress dominates both the canopy
and the mid-story. Widely scattered cabbage palm, slash pine, dahoon holly, and swamp bay are
also present. Melaleuca is common in the mid-story. The ground cover stratum is typically
composed of species such as swamp fern, sawgrass, Virginia chain fern, and melaleuca seedlings.
Cvpress-Pine-Cabbage Palm (FLUCCS Code 624)
Wetland areas in this category are also located on the 10:1:-acre parcel. These areas are vegetated
by a'mixture of slash pine and. cypress. Melaleuca dominates the mid-story. Ground cover
species include swamp fern, sawgrass. beakrush. and wiregrass. In areas of dense exotics ground
cover is primarily bare ground I melaleuca duff.
Spoil Areas (FLUCCS Code 743)
This disturbed upland habitat is located along the south edge of the 10:i:-acre parcel. The berm is
vegetated primarily by melaleuca with scattered cabbage palm, shish pine, beautyberry. and
grapevine. There is a 10 feet wide gap in this berm. located appro*imately 160 feet from the east
property corner that allows surface water to drain from the wetlands to the north into the adjacent
canal.
Roads and Hililiways (FLUCCS Code 814)
A narrow strip of land that has been improved as part of the CR 951 expansion is located along
the.east boundary of the 99:1:-acre parcel. This area consists of the sodded side slope of the road.
The 1.6:1: acre mitigation area located at the downstream end of the existing Lely Canal channel
consists of two FLUCCS Codes (Figure G.3). Each is described below.
Drainage Canal and Ditches (FLUCCS Code 514)
This area is the existing excavated Lely Canal channel. It is primarily open water with-a narrow
fringe of Brazilian pepper and mangrove.
Spoil Area (FLUCCS Code 743)
This upland area is the spoil berm I maintenance road associated with the canal. It is maintained
on a periodic basis an.d is vegetated by a variety of weedy species.
G.2.c Adjacent Land Uses
Consideration of adjacent land uses is an important component is the design and placement of a
successful wetland mitigation project. Adjacent land uses have been evaluated and are favorable
for both the 10:1: acre and 99:1:: acre parcels and for the 2:I:-acre mangrove restoration area.
The majority of the perimeter of the 10:1: acre and 99::1: acre parcels consist of existing wetland
mitigation areas (Figure G.I). To the south Of the 99:1: acre parcels is the 154:1: acre mitigation
area for the Naples Lakes Country Club project. To the north is the 86:1.:-acre mitigation area for
The Club Estates. That mitigation area also fonns the east boundary of the 10000-acre parcel. The
north and west sides ofthe 10:l: acre parcel consists of the 261:i: acre mitigation area for the
Naples Heritage Golf and Country Club project
The 1.6::1: acre mangrove restoration area has also been sited in an appropriate location (Figure
G.3). To the west is a good quality tropical hardwood hammock, to the east and south are
existing mangroves, and to the north is the proposed outfall spreader lake. While no
development plans have been approved for the surrounding property. given the location of the
LASIP
SAJ-2002-2436 (IP-MJD)
July 19, 2005
Pa e 8 of 11
spreader lake and the quality of the adjacent habitats it is unlikely that future development would
be permitted immediately adjacent to the proposed mangrove restoration site.
Appendix G: Environmental Impacts And Proposed Mitigation PJan~t
G.2.d Wetland Mitigation Plan
The enhancement proposed for the I ()::I: acre and 99X acre parcels is similar in nature and will
discussed together. The activities proposed at the 1.6~ acre site are substantially different and
will therefore be discussed separately.
10:1: Acre and 99I Acre Parcels
The mitigation proposed on these lands is the enhancement of wetlands via hydrologic
improvements, exotic species control and native plant establishment, and the preservation of
existing native uplands. The implementation of this component of the mitigation plan will result
in the enhancement of 14.&r acres of cypress, 49.5~ acres of cypress - pine, and 24.3:r acres of
hydric pine flatwoods and the enhancement and preservation of 19.~ acres of native uplands on
the two parcels. Each aspect of the plan is described below.
The wetlands are currently drained via a breach in.the berm along the north side of a canal that
forms the south and west boundaries of the mitigation sites (Figure G .2). This breach is
approximately 10 (eet wide and is lower than. the natural grade of the adjacent wetland. This
allows the canal to directly drain surface water from these wetlands. Since the canal doesn't
connect to anything water levels in the canal and therefore the adjacent wetlands are currently
controlled by adjacent ground smfaces at elevation 9X NGVD. As described in the Region 7
narrative, the improvements to the canal system in this area consists of improving the existing
berm (to prevent over topping and minimize subsurface flows to the extent practicable) and
replacing the existing breach with a gated weir. The weir has been set at the existing seasonal
high water elevation (9.4 feet NGVD) and has sufficient width to pass peak storm events without
causing upstream flooding. This weir will also prevent direct surface drainage of the wetlands
below elevation 9.4 feet NGVD and thereby extend the hydroperiod of these wetlands. This
control elevation is compatible with the existing wetland mitigation areas to the east, north, and
west of the structure. Not only will the proposed weir enhance the hydrology of the wetlands on
the I ()::I: acre and 99:r acre parcels, it will also positively affect the hydrology of the surrounding
conservation lands.
Significant portions of both properties have become dominated by exotic ~pecies, primarily
melaleuca. In areas of greater than 50 percent cover by exotics the melaleuca will be controlled
via either mechanical clearing or hand cutting. Care will be taken to minimize damage to non-
target native vegetation and disturbance to the soil. In areas with less than 50 percent cover by
exotics, the exotics will be removed by hand. Exotic trees. will be cut just above natural grade
and the stump treated with an appropriate herbicide. Treatment will occur within one hour of
cutting to ensure maximum uptake of the herbicide. The dead material will either be removed
from the site or will be stacked in place and allowed to decompose. Herbicides will be used in
strict accordance with label directions by trained applicators. Care will be taken to reduce
damage to non-target native species to the maximum extent practical. Treatment of exotics will
also occur in the native upland communities on the 99~':acre parcel.
Once the exotics have been treated the wetlands will be planted, as needed, by native species.
Based on available information, a conceptual planting plan has been prepared (Figure G.4). The
most deeply inundated portions of the site will be planted with cypress. The transitional areas
LASIP
SAJ-2002-2436 (IP-MJD)
July 19, 2005
Pa e 9 of 11
will be planted with slash pine. Intermediate elevations will be planted by a mix of cypress and
pine. Prior to planting, additional topographic information will be obtained. This information
and the distribution of existing native vegetation will be used to fine-tune the planting plan. The
trees will be container grown, three feet in height, and planted in a random pattern at densities of
200 trees per ac.re. In areas where live native trees are present, those trees will count towards the
required planting density. Ground cover species will be installed at densities of 4,840 plants per
acre in areas that contain less than 33 percent cover by native ground cover species following
exotic treatment. The species to be installed may include sand cordgrass, panicum grasses, spike
rush, wire grass, saw grass, sw.arnp.iern, pickerelweed, and arrowhead. The final species list will
be based upon site-specific conditions and on plant material availability at the time of planting.
'1 ,,""
J. V
Appendix G: Environmental Impacts And Proposed Mitigation Plans
1.6:1: Acre Mangrove Restoration Site
The portion of the existing Lely Canal and associated maintenance road will be recontoured to
match the natural grade of the existing mangrove community to the southeast (Figure G.5). Once
final grades are attained, the area will be planted with salt n1arsh cordgrass in order to stabilize
the substrate. Mangroves will become established in the area via n~tura1 recruitment from the
surrounding mangrove system. If, after two growing seasons mangroves do not become
established, then mangroves will be planted.
A WRAP analysis has also been conducted to determine the amoWlt of increase in wetland
function and value associated with the restoration plan (Table G.5). This analysis indicates that
the mitigation areas will contain 82.81 functional units at the successful completion of the
mitigation program. The existing condition WRAP analysis (Table G.4) documents that 48.81
functional Wlits cWTently exist on the three sites. Therefore, the proposed wetland mitigation
plan produces 34.0 functional units of wetland mitigation (82.81 (post enhancement) - 48.81
(existing) = 34.0 functional units produced).
Appendix G: EnvironmenW Impacts And Proposed Mitigation Plans'
~ollier County soee
~ASIP
SAJ-2002-2436 (IP-MJD)
July 19. 2005
G.2.e Wetland Mitigation Maintenance Plan
A routine maintenance plan will be initiated upon the completion of the initial exotic treatment and
native plant installation. For the first two years following the initial treatment each mitigation area
will be inspected twice a year and all exotic and/or nuisance species will be treated. After the second
year, inspections and treatments will be conducted annually during the dry season.
G.2.fWetland Mitigation Monitoring Plan
The proposed monitoring of the enhanced freshwater and restored mangrove wetlands will consist of
time-zero monitoring and annual monitoring of vegetation. The time-zero report will docwnent the
conditions immediately following wetland restoration (i.e., exotic removal and restoration area
plantings). The annual reports will document the extent Qf success ~fthe project and, if needed,
identify specific actions to be taken to improve conditions Within the project area. Sampling stations
and methodology of data collection will remain the same for all monitoring events.
G.2.f(l) Vegetation Monitoring
The vegetation within the wetlands will be monitored using the line intercept methodology. A 300:i:
feet long transect will be established in representative portions of each wetland area. A measuring
tape.will be stretched along the transect and the plants occurring directly below (ground cover) and
above (mid-story and canopy) the tape will be recorded at 3:1: feet intervals along the transect. Ground
cover species include woody vegetation less than three feet in height and all non-woody plants. Mid-
story vegetation consists of all woody plants greater than three feet in height and less than 4 inches
DBH. Canopy species consist of woody vegetation greater than 4 inches DBH. Bare ground and
open sky will also be recorded in this manner. The resulting data will be used to calculate percent
cover of the three strata.
G.2.f(2) Wildlife Monitoring
Regular observations of fish and wildlife will be made during all monitoring events by qualified
ecologists. This will consist of recording evidence and signs ofwi,ldlife (i.e., direct sighting,
vocalization, nests, tracks, droppings, etc.).
G.2.f(3) Photographic Documentation
Permanent fixed-point photograph stations will be established in each of the monitoreq areas thereby
providing physical documentation of the condition and appearance of an area, as well as any changes
taking place within it. Panoramic photographs will accompany vegetation data in each report.
Locations of photo stations will remain the same throughout the duration of the monitoring program
G.2.f(4) Rainfall and Staff Gauge Recordings
A staff gauge will be established at each of the freshwater mitigation sites. Water levels will be
recorded twice a month during the wet season (June - September) and once a month during the dry
season (October - May). A rain gauge will also be established in the vicinity of the two freshwater
sites. The mangrove restoration area is tidally influenced. Therefore staff gauge and rainfall data is
not required for this component of the mitigation plan.
10
Lely Area Stormwater Improvement Project
Mitigation Plan Schedule
Parcel Information Parcel Number
Mitigation Area 1 2 3
Mitiaation Area Size (acres) 10.1 99,0 1.6
Regrade to Match Surrounding
Mitiaation Description Exotic Veg, Removal Replant Exollc Veg, Removal Replant Mangrove Pilea, Replant with
with Native Species with Natlve Species Cordgrass
Scheduled Activity Com pletion/Submlttal Dates
Initial Exotic SDecies Removal Parcels 1 and 2 Dec,31 2006 Dec.31 2006 N1A
Regradina Parcel 3 N/A N/A Dee. 31 2007
Native Soecies Plantina June 30, 2007 June 30, 2007 June 30, 2008
Time Zero Monitoring Report Submitted and
Maintenance Plan Initiated July 31, 2007 Julv 31, 2007 Julv 31,2008
First Monitorino ReDort JulY 31,2008 JulY 31, 2008 JulY 31.2009
2nd Monitorina Reoort Julv31,2009 Julv 31, 2009 Ju1v31.2010
3rd Monitorina Reoort July 31, 2010 JuIY31,.2010 JulY 31,2011
Area 1 and 2 Canal Improvements and Control
Structure Instalation Dec. 31, 2010 Dec. 31.2010 N/A
4th Monitoring ReDort Julv 31, 2011 Julv 31 2011 Julv 31 2012
5th Monitorina Reoort lIast) July 31, 2012 Julv 31,2012 Julv31,2013
. "'1'''''' . ...... ...
Prepared by Collier County Stormwater Dept.
7/22/05
Collier County SOCC
LASIP
SAJ-2003-10680 (IP-MJD)
July 19, 2005
D.,.,.,.o 11 nf ~ .
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Attachment 0
U.S. FWS Biological Opinion
17 pages
dated May 13, 2002
10
United States Department of the Interior
FISH AND WILDLIFE SERVICE
South Florida Ecological Services Office
133920'" Street
V ero Beach, Florida 32960
June 6, 2003
John R. Hall
U.S. Army Corps of Engineers
West Permits Branch
2301 McGregor Boulevard. Suite 300
Fort Myers, Florida 33901
Service' Log No.:
Application No.:
Dated:
Applicant:
County:
Dear Mr. Hall:
V,s.
.'(SH Awn.nun:
SF.RVJCE
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~SrwTtl~\~.
RECE'IVED
JUN 12 20D3
'T~C.l{SONV1LLE DJs.:nu.ctJ
lIJSAC~'
~ 4-1-02-F-0667
200202436 (IP-SB)
May 13, 2002
Collier County Board of
County Commissioners
Collier
This document transmits the Fish and Wildlife Service's (Service) biological opinion for the Lely
Area Stormwater Improvement Project and its effects on the threatened bald eagle (Haliaeetus
leucocephalus) (#CO-024) in accordance with section 7 of the Endangered Species Act (ESA) of
1973, as amended (87 Stat. 884; 16 U.S.C. 1531 et seq,). Your November 26,2002, letter
requesting formal consultation was received on December 2, 2002.
This biological opinion is based on information provided in the September 2001, Conceptual
Permit Application prepared by Agnoli, Barber, and Brundage, Incorporated (ABB), the
May 13, 2001, U.S. Army Corps of Engineers (Corps) Public Notice, field investigations,
telephone conversations, email correspondence, letter correspondence. and meetings with the
Corps; the applicant - Collier County Public Works Division; the applicant's consultants -
WilsonMiller; Kevin L. Erwin Consulting Ecologist, Incorporated (KLECE); Law Engineering
and Environmental Services, Incorporated; the U.S. Environmental Protection Agency (EP A);
the Florida Department of Environmental Protection (DEP), Rookery Bay National Estuarine
Research Reserve; the Florida Fish and Wildlife Conservation Commission (FWC); the South
Florida Water Management District (SFWMD); and other sources of information. A complete
administrative record of this consultation is on file in the South Florida Ecological Services
Office.
In the Public Notice dated May 13,2002, the Corps provided a determination of "may affect, not
likely to adversely affect" for the endangered wood stork (Mycteria americana), the threatened
eastern indigo snake (Drymarchon corais couperi), the endangered red-cockaded woodpecker
\,
(Picoides borealis), the endangered West Indian manatee (Trichechus mana/us), the endangered
American crocodile (Crocodylus acutus) and a determination of "may affect" for the threatened
bald eagle. On March 4, 2003, the Corps provided a revised determination of "no effect" for the
endangered West Indian manatee. On March 17,2003, the Service concurred with the Corps'
determination of "may affect, not likely to adversely affect" for the endangered wood stork,
endangered red-cockaded woodpecker, threatened eastern indigo snake, endangered American
crocodile, and the revised determination of "no effect" for the endangered West Indian manatee.
, I. CONSULTATION mSTORY
On August 20, 1992, the Corps issued a public notice for the review of permit application
199200343 (IP-BB), a proposal to improve storm-water management in the Lely Main Canal and
Lely Manor drainage basins in Collier County, Florida.
On September 10, 1992, the Service met with the former Florida Department of Natural
Resources, Rookery Bay National Estuarine Research Reserve, The Conservancy of Southwest
Florida, and the former Florida Game and Fresh Water Fish Commission (GFC) to discuss the
project design and potential impacts of the proposed action.
On September 21, 1992, the Service transmitted a letter to the Corps that stated there was
insufficient information available to properly evaluate the proposed action. The Service
requested a determination on the endangered red-cockaded woodpecker, and recommended that
the Corps prepare an Environmental Assessment. The Service voiced concern about impacts to
water quality in Rookery Bay, impacts to freshwater forested wetlands located adjacent to the
proposed canals, and the potential for additional wetland losses from future development.
On February 18, 1993, the GFC transmitted a letter to the Corps noting the presence of various
State and Federal listed species including the endangered wood stork, bald eagle, and six clusters
ofred-cockaded woodpeckers in the project area. The GFC requested joint review with the
Service of those portions ofthe project most likely to affect red-cockaded woodpeckers.
On November 2, 1999, the Collier County Public Works Division transmitted a copy of the
May 1999, Conceptual Permit Application prepared by Law Engineering and Environmental
Services, Incorporated, to the Service and requested comments.
On January 18, 2000, the Service attended a presentation on the proposed action sponsored by
the Collier County Public Works Division in Naples, Florida. The meeting focused on project
design criteria and impacts to wetlands and wildlife.
On February 1, 2000, the Service attended a multi-agency meeting at the offices of the SFWMD
in Fort Myers, Florida. The meeting focused on project design criteria and impacts to wetlands
and wildlife.
2
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106
On March 4, 2002, the Service received a request for technical assistance regarding the bald
eagle nest CO-024.
, ;.! '.
'I f
On May 10, 2002, the Corps issued an advance copy of the public notice for the proposed action.
On May 13, 2002, the Corps issued the public notice for the proposed action. The Corps
provided a determination of "may affect, not likely to adversely affect" for the endangered wood
,stork, the threatened eastern indigo snake, the endangered red-cockaded woodpecker, the
endangered West Indianmanatee;the endangered American crocodile and a determination of
"may affect" for the threatened bald eagle.
On May 14, 2002, the Service determined through internal coordination that the Lely Main Canal
and Lely Manor basins, collectively known as Collier County District #6, had been identified as
an indicator region in the conceptual model for the Southwest Florida Feasibility Study.
On May 20, 2002, the DEP transmitted a letter to the Corps voicing concern about the proposed
increase in water passing from the Lely Basin to Rookery Bay, potential water quality impacts,
and potential over-drainage of the surficial aquifer. The DEP also recommended that the natural
timing, duration, and quantity be protected or restored, that natural flow-ways be restored; that a
water quality monitoring program be implemented before, during, and after construction, that
man-made lakes and canals mimic the morphology of natural areas, that the spreader lakes and
berms be moved out of the mangrove zone, and that the development of another project lmown
as Lely Lakes Golf Resort be coordinated with the proposed action.
-"
On May 30, 2002, the Service requested a 30-day extension to the public comment period in
accordance with Part II (5) of the 1992 Memorandum of Agreement between the Department of
the Interior and the Department of the Army. By letter dated May 30, 2002, the Corps extended
the public comment period until July 12,2002.
On July 2, 2002, the Service met with the Corps, the EP A, the DEP, the Collier County Public
Works Division, ABB, WilsonMiller, and KLECE to discuss the September 2001 project plans
and potential impacts to wetlands and wildlife.
On July 22, 2002, the Collier County Public Works Division hosted a field trip for the Service,
the Corps, the EP A, and the DEP to review flood prone areas, existing and proposed canals, weir
locations, and spreader lakes.
On July 26, 2002, the Service informed. the Corps and the EP A of C9llier County Resolution
No. 91-385 and a June 14, 1991, letter to the Corps indicating that Collier County was interested
in establishing a wetland mitigation area for the proposed extension of Santa Barbara Boulevard.
The target area was along Cope Road, the flooding of which is one of several reasons given for
the proposed action. The Service inquired if it were feasible to use the county resolution as the
impetus to achieve the upstream storage reconunended by EP A and the Service.
3
J1 \...
On July 29, 2002, the Service determined through internal coordination that the proposed action
did not relate to, or conflict with, the Comprehensive Everglades Restoration Project plans for
restoration of the Henderson Creek/Belle Meade Watershed since County Road 951 is the divide
separating the Lely Main Canal and Lely Manor basins from the Belle Meade basin.
On August 14, 2002, KLECE transmitted a revised bald eagle management plan to the Corps.
The revised plan noted that the nest was active during the 2001 - 2002 breeding season but that
an inspection on May 21, 2002, showed that the nest had fallen from the tree.
, ~
On August 27, 2002, the DEP transmitted a letter to the Corps requesting that Collier County
coordinate closely with Rookery Bay on the operation of proposed pump stations and weirs.
On November 22, 2002, KLECE transmitted an email to the Corps indicating that there was no
sign that bald eagles were going to rebuild the nest at CO-024 but that they would continue to
monitor the site.
. On November 26, 2002, the Corps transmitted a letter to the Service requesting concurrence on
the species determinations provided in the public notice. The August 14, 2002, revised bald
eagle management plan and management plans for the threatened eastern indigo snake, the
endangered American crocodile, the endangered wood stork, the endangered West Indian
manatee, and the endangered red-cockaded woodpecker were attached. Also attached was a
November 22, 2002, package from ABB that discussed the amount of additional storage needed
to balance pre- and post-project discharge rates and that showed the extent of developed and
undeveloped land within the project boundaries.
On March 4,2003, the Corps provided a revised determination of "no effect" for the endangered
West Indian manatee. The revised determination was based on the fact that the project would not
impact seagrass beds and the lower reaches of the Lely Main Canal were actually a mosquito
ditch, over-grown with mangroves, and inaccessible to the manatee.
On March 5, 2003, the Service transmitted an email to the EPA informing them that at least half
of the soils in the Lely Main Canal and Lely Manor basins were hydric, that the largest
undeveloped areas left in the basin were on hydric soils, and that the proposed action would
increase the likelihood of future wetland impacts.
On March 6, 2003, the Service transmitted an email to the EP A informing them of a potential
mitigation measure for the proposed increase in point source discharge of freshwater. The
Service proposed blocking the lower reaches of the Lely Main Canal and forcing the freshwater
discharge to spread laterally along the coastline before reaching the bay.
On March 17, 2003, the Service transmitted its response to the Corps public notice for the
proposed action. The Service concurred with the Corps' determination of "may affect, not likely
to adversely affect" for the endangered wood stork, endangered red-cockaded woodpecker,
4
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threatened eastern indigo snake, endangered American crocodile, and the revised determination
of "no effect" for the endangered West Indian manatee.
On April 24, 2003, the Service received a letter from KLECE stating that site visits to CO-024 in
December 2002, January 2003, and on March 14, 2003, indicated that there was no bald eagle
activity at this nest tree.
ll. BIOLOGICAL OPINION
DESCRIPTION OF THE PROPOSED ACTION
The purpose of the project is to improve the efficiency with which storm water is collected from
secondary systems and then conveyed downstream into the Gulf of Mexico. The footprint ofthe
project covers about 14 square miles and the proposed improvements are expected to influence
drainage patterns over 17 square miles intwo basins, Le1y Main Canal on the west and Lely
Manor on the east. The topography is flat and ground elevations range from 11 feet National
Geodetic Vertical Datll;lI1 (NGVD) in the northeast to two feet NGVD in the southwest. The
project will be implemented in five phases with construction south of U.S. Highway 41
preceding construction north of the highway. The applicant proposes impacts to 39.9 acres of
wetlands. As compensatory mitigation for 39.9 acres of wetland impacts the applicant proposes
to preserve and enhance 109 acres of uplands and wetlands.
The applicant proposes to deepen and widen the Lely Main Canal using explosives, tracked
excavators, dump trucks, endloaders, bulldozers, drills, and miscellaneous maintenance trucks.
The spoil will be deposited off site. Canal modifications will occur in the second year of the
project and are expected to take about 3 to 4 months to complete. The work will occur during the
dry season, which coincides with the eagle breeding season, and when water flows in the canal
are at their lowest levels, which will expedite completion of the project and reduce downstream
turbidity. State-approved aquatic vegetation herbicides will be sprayed to control growth in the
canal about one to three times a year. Accumulated sediments will be removed approximately
once every 5 to 10 years. Maintenance will involve the use of airboats, john boats, tracked
excavators, small draglines, and truck mounted spray equipment. The alignment of Lely Main
Canal will remain unchanged.
The proposed project is bounded on the north by Davis Boulevard, on the east by County
Road 951 (Collier Boulevard) and urban development, on the south by Rookery Bay National
Estuarine Research Reserve, and on the west by urban development and County Barn Road. The
site is located in Sections 3 through 10, 15 through 25, 29 through 31, and 36, Township 50
South, Range 26 East, Collier County, Florida.
5
Action Area
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The action area is defined as all areas to be affected directly or indirectly by the Federal action
and not merely the immediate area involved in the action. The Service has determined that the
action area for this project is the primary zone (0 to 750 feet) and the secondary zone (750 to
1,500 feet) around the nest tree designated as CO-024. The action area, approximately 168 acres,
is a circle around the nest tree with a 1,500-foot radius.
STATUS OF THE SPECIES/CRITICAL HABITAT
Species/Critical Habitat Description
The bald eagle was listed as endangered on March 11, 1967, due to significant population
declines (32 FR 4001). On July 12, 1995, the bald eagh~'slstatus Was downgraded from
endangered to threatened due to substantial population increases fpl10wing conservation efforts,
including the banning ofDDT and other organochlorine pesticides (60 FR 36000). No critical
habitat has been designated for this species.
The bald eagle is a large raptor with a wingspan of about 2.1 m and total body length of 0.9 m.
Females are typically larger than males, although distinguishing them can be difficult unless both
are side-by-side. Adult plumage is mainly dark brown with a pure white head and tail, while the
eyes, feet, and bill are yellow (palmer 1988). First year juveniles are often chocolate brown to
blackish, sometimes with white mottling on the tail, belly, and underwings (Palmer 1988). They
may be confused with turkey vultures (Cathartes aura) in flight. The head and tail become
increasingly white with age until full adult plumage is reached in the fourth or fifth year of age.
During this same period, the legs, bill, and eyes change gradually from black to yellow.
Taxonomy
The bald eagle is in the order Falconiformes, family Accipitridae. Of the 289 species of hawk-
like birds, there are 59 species of eagles (Grossman and Hamlet 1964, Service 1989). The sea
and fish eagles account for II species comprising three genera, of which eight species are in the
genus Haliaeetus. The bald eagle is the only member of the genus Haliaeetus which regularly
occurs in North America.
Also our nation's symbol, the bald eagle was first described in 1766 as Falco leucocephalus
(Linnaeus), and was later renamed the southern bald eagle (Haliaeetus leucocephalus
leucocephalus, Linnaeus). In 1897, a new northern subspecies was identified as H. I. alascanus
(Townsend). Although the two subspecies of leucocephalus were described based on size and
weight, few ornithologists acknowledge these subspecies because there is a continuous gradient
in size from north to south throughout the range.
6
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Distribution
The bald eagle was historically found throughout the North American continent from the
Aleutian Islands and western Alaska to the Maritime Provinces of Canada and south to the
Florida Keys, the Gulf Coast, and Baja California (Curnutt 1996). Apart from Alaska, most
nesting bald eagles were found in Florida, the Chesapeake Bay area, the Great Lakes region,
Maine, and the Pacific Northwest. In Florida, eagles were historically found throughout the state,
although they were probably most abundant along large rivers and lakes. Eagles were probably
never numerous in the panhandle "or extreme southeastern Florida. Today, bald eagle nesting is
prevalent along the southwest coast, the Gulf Coast from Pinellas County north to the Suwannee
River, the St. 10hns/Oklawaha River basins, and the Kissimmee River valley including Polk and
Osceola counties (Curnutt 1996).
Habitat
Bald eagles are considered a water-dependent species typically found near estuaries, large lakes,
reservoirs, major rivers and some seacoast habitats (Service I 999). Their distribution is
inf.1uenced by the availability of suitable nest and perch sites near large, open water-bodies,
typically with high amounts of water- to-land edge.
--\
Nesting habitat includes the nest tree, perch and roost sites, and adjacent high use areas but
usually does not include foraging areas. The nest, perch, roost sites, and use areas around the
nest comprise the nesting territory. The size and shape of a defended nesting territory varies
greatly depending on the terrain, vegetation, food availability, and eagle density in the area.
Generally, bald eagle nesting habitat is adjacent to, or near, large bodies of water that are used for
foraging (Service 1999). Nest sites must also provide good visibility and a clear flight path to the
nest (Montana Bald Eagle Working Group 1991).
In Florida, nests are often in the ecotone between forest and marsh or water, and are constructed
in dominant or co-dominant living pines (Pinus spp.) or bald cypress (Taxodium distichum)
(McEwan and Hirth 1979). About 10 percent of eagl e nests are located in dead pine trees while
2 to 3 percent occur in other species such as Australian pine (Casuarina equisetifolia) and live
oak (Quercus virginiana). The stature of nest trees decreases from north to south (Wood et al.
1989) and in extreme southwest Florida, eagles nest in black (Avicennia germinans) and red
mangroves (Rhizophora mangle), halfofwhich are snags (Curnutt and Robertson 1994). Nest
trees in South Florida are smaller and shorter than reported elsewhere; however, eagles nesting
here select the largest trees available (Wood et al. 1989, Hardesty 1991). The small size of nest
trees in South Florida relative to other nest sites throughout its range is due to the naturally
smaller stature of Pinus elliottii, P. taeda, P. palustris, and P. clausa in South Florida.
7
Reproduction
Most breeding eagles construct nests within several hundred yards of open water (Service 1999).
In Florida, most nests are located within 2 miles of open water, substal}tially further than other
reported distances (McEwan and Hirth 1979, Wood et al. 1989).
In the southeastern United States bald eagles nest once a year, with the mated pair returning to
the same breeding/nest area beginning in early September or October, refurbishing their nest
during November and December, imdegg laying in December or January. Depending on the
geographic area, incubation may be initiated as early as November or as late as March, with the
eggs requiring about 35 days for incubation. Clutches usually consist of one or two eggs, but
occasionally three are laid. In Florida, the eaglets will grow to the size of the adult birds within
10 to 12 weeks, at which time they typically fledge (Wood 1992). Parental care may extend 4 to
6 weeks after fledging even though young eagles are fully developed and may not remain at the
nest after fledging.
Foraging
The bald eagle is an opportunistic feeder. Accordingly, its diet varies tremendously, depending
on the time of year and habitat. Most studies indicate that fish are an important component of the
eagle's diet, while birds and mammals account for the bulk of the remaining foods (Johnsgard
1990). During the winter, reduced availability of prey resulting from frozen waters require
interior-based eagle populations to switch from a predominately fish diet to one of birds and
mammals. Carrion is taken by many eagles and is also a substantial portion ofthe diet, especially
for coastal eagles dependent on post-spawning salmonids. Non-coastal populations may also rely
heavily on carrion particularly during late winter and early spring.
In the southeastern United States the bulk of the diet is fish. Braley (1947) found catfish
(lctalurus spp.), mullet, and turtles to be the most common food items found at nests in Florida.
He also found that the variety of prey items differ among individual pairs. McEwan (1977)
reported 79 percent fish and 17 percent bird prey, by occurrence, based on 788 animal remains
recovered from nests. Of these, the dominant items were catfish and the American coot (Fulica
americana).
Movements
Adult birds in coastal Alaska, Canada, the Pacific Northwest, Florida, arid the Chesapeake Bay
areas do not migrate, although dispersal of young may occur seasonally from some of these areas.
Juvenile birds fledged in Florida are highly migratory, with more than one-third of the recoveries
made 1,000 miles or more north of Florida, all during the nonbreeding season (Braley 1947). If
paired, it is assumed these birds remain in Florida, as do most other paired adults. If not paired,
it is not clear whether these birds continue to migrate north during summer or remain in Florida
8
10;
with the breeding adults. Most radio-collared juveniles return to nesting areas each year, but a
small proportion remain away for 2 to 3 years.
In Florida, bald eagles breed and nest during the temperate winter. Contrary to changes in habitat
use exhibited by northern United States bald eagle populations, eagles in the southern United
States do not substantially alter habitat use throughout the year. Some adults may remain in and
defend their nesting territory outside of the breeding season (palmer 1988), use or defend
portions of their territory, or disperse and congregate at predictable food sources such as landfills.
Of those adults that do not maintafn territories throughout the year, most are not thought to leave
the state. Conversely, following fledging, many juvenile eagles disperse north and summer from
along the Atlantic Coast west to the Appalachian Mountains and north as far as Canada (Broley
1947, Wood and Collopy 1995).
Status and Trends
,..--"
Bald eagle nesting in Florida has been widely
studied and published accounts are available
from a variety of sources. Broley (1947) was
the first to document a decline in eagle
nesting in the late 1940s. A further decline
from 73 to 43 active nesting areas was
reported for west central Florida between
1936 and 1956. Howell (1973) reported a
decline in nesting around Merritt Island from
24 nests in 1935 to four nests in 1971. An
excellent summary was provided by Peterson
and Robertson (1978), in which they
characterized the bald eagle population of the
1970s as less than 50 percent of historic
numbers with continued, yet slow decreases.
In the early 1950s, State natural resource
agencies, and conservation organizations
initiated surveys for nesting bald eagles which
revealed that bald eagle numbers declined
from historic numbers in many locations. A
nationwide survey by the Service, several
State wildlife agencies, and conservation
groups in 1974 indicated that eagle numbers
and their reproductive success in certain areas
were low enough to warrant protective
actions.
YEAR No. OF NESTS
1982 340
1984 375
1987 391
1988 399
1989 439
1990 535
1991 601
1992 652
1993 667
1994 764
1995 831
1996 876
1997 912
1998 980
1999 1043
2000 1069
2001 1102
2002 1133
9
Jb;
In Florida, bald eagle nesting and productivity has increased dramatically since the early 197~~.
Florida currently supports the highest number of breeding bald eagles of any southeastern state,
supporting approximately 70 percent of the occupied territories in this region (Nesbitt 1995).
Although numbers and productivity of bald eagles are increasing in Florida, concerns remain
about the cumulative impacts associated with continued ~gricu]tural, residential, and commercial
development (Wood 1987, Nesbitt 1995).
As shown in the table above, there has been a steady increase in the number of bald eagle nests in
Florida since 1982. . ~
Threats
A primary threat to bald eagles after World War n was the widespread use of the pesticide DDT
for mosquito control (Broley 1950). It was sprayed directly into wetlands, entered the food
chain, and resulted in eggshell thinning. This caused massive reproductive failure which became
evident in the 1960s. Peterson and Robertson (1978) indicated that the eagle population
decreased by 50 percent in a 30-year period. In response, the Federal Government banned the
use ofDDT in 1972.
Habitat loss and degradation from human alteration of the environment remain a major threat to
eagles (Heinzrilan 1961, 1962 and Smith 1969). This is especially true along coasts and
waterways where development has increased. An additional hazard to eagles occurs
predominantly in the western United States, and involves death from lead and chemical
poisoning. Lead poisoning originates from lead shot that remains in dead or dying birds, and
chemical poisoning from the intentional poisoning of nuisance animals. The effects to eagles are
secondary.
ENVIRONMENTAL BASELINE
Status of the Species Within the Action Area
This nest tree was first documented by the Service in the spring of 200 1. The nest was active in
the 2001 - 2002 breeding season but was reported by KLECE on May 21,2002, as having fallen
from the tree. Site visits by KLECE during the 2002 - 2003 breeding season indicate that the
nest has not been rebuilt. The standard primary and secondary zone of CO-024 are wholly
contained within the action area; however, roost trees, alternative nest sites, and feeding and
flight paths may occur beyond the action area.
EFFECTS OF THE ACTION
This section includes an analysis of the direct and indirect effects of the proposed action on the
species and critical habitat and its interrelated and interdependent activities. To determine
whether the proposed action is likely to jeopardize the continued existence of threatened or
10
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endangered species in the action area, we focus on consequences of the proposed action that
affect rates of birth, death, immigration, and emigration because the probability of extinction in
plant and animal populations is most sensitive to changes in these areas.
Analyses for Effects of the Action
Beneficial Effects - Beneficial effects are the effects of a proposed action on a listed species that
are wholly positive and without any adverse effects. There are no known beneficial affects to
bald eagles from the proposed activity.
Direct Effects - Direct effects are the immediate effects of a proposed action on a listed species.
The direct effects that the proposed action will have on bald eagles are discussed below.
The project may result in direct "take" of bald eagles through harm and harassment as a result of
the noise and disturbance associated with the use of heavy equipment and explosives in both the
primary and secondary zones of the nest tree during the breeding season. These direct effects
could cause the adult eagles to abandon the nest prior to egg laying, abandon the nest while eggs
are in the nest which would result in embryo mortality, or abandon the nest when chicks are in
the nest which would result in chick mortality.
Interrelated and Interdependent Actions - Interrelated actions are those actions that are part of a
larger action and depend on the larger action for their justification. Interdependent actions are
those. actions that have no independent utility apart from the proposed action. There are no
interrelated and interdependent actions associated with the proposed action that are expected to
impact bald eagles.
Indirect Effects - Indirect effects are those effects on a listed species that are caused by, or result
from, the proposed action that may occur lat~r in time, but are still reasonably certain to occur.
The indirect effects that the proposed action will have on bald eagles are discussed below.
The indirect effects that could result in harm or harassment to the bald eagles would include all
proposed maintenance activities performed in the Lely Main Canal during the breeding season.
These indirect effects could cause the adult eagles to abandon the nest prior to egg laying,
abandon the nest while eggs are in the nest which would result in embryo mortality, or abandon
the nest when chicks are in the nest which would result in chick mortality.
CUMULATIVE EFFECTS
Cumulative effects include the effects of future State, tribal, local or private actions that are
reasonably certain to occur in the action area considered in this biological opinion. Future
Federal actions that are unrelated to the proposed action are not considered in this section
because they require separate consultation pursuant to section 7 of the ESA. The Service has
11
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considered the effects of all non-Federal actions within the action area and determined that there
will be no cumulative effects.
CONCLUSION
After reviewing the current status of the bald eagle, the environmental baseline for the action
area, the effects of the proposed action and the cumulative effects, it is the Service's biological
opinion that the project as proposed, is not likely to jeopardize the continued existence of bald
eagles. No critical habitat h.{g be~n designated for th~s species, therefore, none will be affected.
Since 1982, the number of bald eagle nests in Florida has more than doubled. While human
disturbance may lead to abandonment of this nest, the eagles will probably build a new nest
elsewhere. The loss of this nest, including eggs or chicks, will not appreciably affect the overall
survival and recovery of the bald eagle in Florida.
HI. INCIDENTAL TAKE STATEMENT
Section 9 ofthe ESA and Federal regulation pursuant to section 4(d) of the ESA prohibit the take
of endangered and threatened species, respectively, without special exemption. Take is defmed
as to harass, hann, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to
engage in any such conduct. Hann is further defined by the Service to include significant habitat
modification or degradation that results in death or injury to listed species by significantly
impairing essential behavioral patterns, including breeding, feeding, or sheltering. Harass is
defined by the Service as intentional or negligent actions that create the likelihood of injury to
listed species to such an extent as to significantly disrupt normal behavior patterns which
include, but are not limited to, breeding, feeding, or sheltering. Incidental take is defined as take
that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.
Under the terms of section 7(b)( 4) and section 7(0)(2), taking that is incidental to and not
intended as part of the agency action is not considered to be prohibited taking under the ESA
provided that such taking is in compliance with the terms and conditions of this incidental take
statement.
The terms and conditions described below are nondiscretionary, and must be undertaken by the
Corps so that they become binding conditions of any grant or permit issued to the Collier County
Board of County Commissioners as appropriate, for the exemption in section 7(0)(2) to apply.
The Corps has a continuing duty to regulate the activity covered by this incidental take statement.
If the Corps (1) fails to assume and implement the terms and conditions or (2) fails to require the
Collier County Board of County Commissioners to adhere to the terms and conditions of the
incidental take statement through enforceable terms that are added to the permit or grant
document, the protection coverage of section 7(0)(2) may lapse. In order to monitor the impact
of incidental take, the Corps or the Collier County Board of Commissioners must report the
progress of the action and its impact on the species to the Service as specified in the incidental
take statement [50 CFR S 402.14(i)(3)].
12
Ie
AMOUNT OR EXTENT OF TAKE ANTICIPATED
The Service has reviewed the biological information for this species, information presented by
the applicant's consultants, and other available information relevant to this action, and based on
our review, incidental take, in the form of hann or harassment, is anticipated for the adult bald
eagles, their eggs, or their young at nest tree CO-024. Hann or harassment may res.ult in the
eagles abandoning the nest prior to egg laying, abandoning the nest while eggs are in the nest
which would result in embryo mortality, or abandoning the nest when chicks are in the nest
which would. result in chick mortafity. Incidental take as described above may occur during the
2003 - 2004 breeding season and/or subsequent breeding seasons for the life of the proposed
action.
To the extent that this statement concludes that take of any threatened or endangered species of
migratory bird will result from the agency action for which consultation is being made, the
Service will not refer the incidental take of any such migratory bird or bald eagle for prosecution
under the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. 9~ 703-712), or the Bald
and Golden Eagle Protection Act of 1940, as amended (16 D.S.C. 99 668-668d), if such take is in
compliance with the terms and conditions (including amount and/or number) specified herein.
Effect of the take
In the accompanying biological opinion, the Service determined that this level of anticipated take
is not likely to result in jeopardy to the species.
REASONABLE AND PRUDENf MEASURES
The Service believes the following reasonable and prudent measure is necessary and appropriate
to reduce take and to minimize the direct and indirect effects of the proposed action on the bald
eagles, their eggs, or their young:
.. The applicant shall initiate monitoring to detect any abnormal bald eagle behavior, since
the deepening, widening, and maintenance of the Lely Main Canal within the primary and
secondary zones is proposed during the breeding season. We recommend that the
applicant review'and implement the September 2002 Bald Eagle Monitoring Guidelines
prepared for the U.S. Fish arid Wildlife Service. These guidelines are located on our
web site at http://northflorida.fws.gov/.
TERMS AND CONDITIONS
To be exempt from the prohibitions of section 9 of the ESA, the Corps must comply with the
following terms and conditions, which implement the reasonable and prudent measure described
above, and outline required reporting/monitoring requirements. These terms and conditions are
nondiscretionary.
13
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1. Monitoring should be initiated by the applicant during the deepening, widening, and
maintenance ofthe Lely Main Canal within the primary or secondary zone of bald eagle
nest CO-024 to detect any abnormal bald eagle behavior.
2. Provide a copy of the final Department of the Army (DA) permit to the Service upon
issuance, monitor and ensure compliance with the DA permit conditions, and provide the
Service a report on implementation and compliance within one year of the date of the DA
permit.
3. Upon locating a dead, injured, or sick bald eagle specimen, initial notification must be
made to the nearest Service Law Enforcement Office (Mr. Vance M. Eaddy; Fish and
Wildlife Service; 9549 Koger Blvd., Suite 111; St. Petersburg, Florida 33702;
727-570-5398). Secondary notification should be made to the Florida Fish and Wildlife
Conservation Commission; South Region, 3900 Drane Field Road, Lakeland, Florida,
33811-1299; 1-800-282-8002. Care should be taken in handling sick or injured
specimens to ensure effective treatment and care, or in the handling of dead specimens to
preserve biological material in the best possible state for later analysis as to the cause of
death. In conjunction with the care of sick or injured bald eagles or preservation of
biological materials from a dead animal, the finder has the responsibility to carry out
instructions provided by Law Enforcement to ensure that evidence intrinsic to the
specimen is not unnecessarily disturbed.
IV. CONSERVATION RECOMMENDATIONS
Section 7(a)(1) of the ESA directs Federal agencies to utilize their authorities to further the
purposes ofthe ESA by carrying out conservation programs for the benefit of endangered and
threatened species. Conservation recommendations are discretionary agency activities to further
minimize or avoid adverse effects of a proposed action on listed species or critical habitat, to
help implement recovery plans, or to develop information. The Service (1987) recommends that
disruptive activities in the action area take place outside the breeding season if possible, to
minimize the disturbance of the bald eagles on the nest.
~ The applicant shall schedule construction and maintenance activities which are within
1,500 feet of the nest tree to occur during the nonbreeding season (May 16 to September
30).
V. REINITIATION - CLOSING STATEMENT
This concludes formal consultation on the project known as the Lely Area Stormwater
Improvement Project. As provided in 50 CFR ~ 402.16, reinitiation of formal consultation is
required where discretionary Federal agency involvement or control over the action has been
retained (or is authorized by law) and if: (1) the amount or extent of incidental take is exceeded;
(2) the agency action is subsequently modified in a manner that causes an effect to the listed
14
],,,",
.1' :
...
species or critical habitat not considered in this opinion; (3) the agency action is subsequently
modified in a manner that causes an effect to the listed species or critical habitat not considered
in this opinion; or (4) a new species is listed or critical habitat designated that may be affected by
the action. In instances where the amount or extent of incidental take is exceeded, any operations
causing such take must cease pending reinitiation.
The above findings and recommendations constitute the report of the Department of the Interior.
Thank you for your cooperation and effort in protecting fish and wildlife resources. If you have
any questions regarding this project, please contact Andrew C. Eller, Jr., at 772-562-3909,
extension 285.
Since~elY yo~s, I ___' .,
'--7' L' . >4 r //
. . -<..-/
/ . '-'./ ~
~- ~. Slack .
~ Z Field Supervisor
l.// South Florida Ecological Services Office
.,-
cc:
Service, Ecological Services-Naples, Florida (Dustin Perkins)
Service, Ecological Services-Naples, Florida (Daryl Thomas)
Service, Florida Panther NWR-Naples, Florida (Layrie Hamilton)
EP A, Fort Myers, Florida (Bruce Boler)
EP A, West Palm Beach, Florida (Richard Harvey)
DEP, Naples, Florida (Gary Lytton)
FWC, Punta Gorda, Florida (Jim Beever)
FWC, Tallahassee, Florida (J. Dan Sullivan)
SFWMD, Fort Myers, Florida (Karen Johnson)
Southwest Florida Regional Planning Council, North Fort Myers, Florida (David Burr)
15
LITERA TORE CITED
\......
Broley, C.L. 1947. Migration and nesting of Florida bald eagles. Wilson Bulletin 59:3-20.
Broley, C.L. 1950. The plight of the Florida bald eagle. Audubon Magazine 52:43-49.
Curnutt, J.L. 1996. Southern bald eagle. Pages 179-187 in: J.A. Rodgers Jr., H.W. Kalen, H.T.
Smith, eds. Rare and endangered biota of Florida, University Press of Florida;
Gainesville, Florida.' .. .
Curnutt, J.L and W.B. Robertson, Jr. 1994. Bald eagle nest site characteristics in south Florida.
Journal of Wildlife Management 58(2):218-221.
Grossman, M.L., and J. Hamlet. 1964. Birds of prey ofthe world. Bonanza Biological Books;
New York, New York.
Hardesty, J.L. 1991. Conservation of coastal nesting bald eagles in Florida: history,
demography, and habitat use. Unpublished Masters Thesis, University of Florida;
Gainesville, Florida.
Heinzman, G. 1961. The American bald eagle. Natural History 70 (6): 18-21.
Heinzman, G. 1962. American bald eagle - a last stand in Florida? Florida Wildlife 15 (8): 14-
17.
Howell, J.e. 1973. The 1971 status of24 bald eagle nest sites in east-central Florida. Auk
90:678-680.
Johnsgard, P.A. 1990. Hawks, eagles, and falcons of North America. Smithsonian Institution
Press; Washington, D.C.
McEwan L.C. 1977. Nest site selection and productivity of the southern bald eagle.
Unpublished Masters Thesis, University of Florida; Gainesville, Florida.
McEwan, L.C., and D.H. Hirth. 1979. Southern bald eagle productivity and nest site selection.
Journal of Wildlife Management 43:585-594.
Montana Bald Eagle Working Group. 1991. Habitat management guide for bald eagles in
northwestern Montana. Bureau of Land Management; Billings, Montana.
Nesbitt, S.A. 1995. Bald eagle population monitoring. Annual performance report,
Florida Game and Fresh Water Fish Commission; Gainesville, Florida.
16
Il)
k,..
Palmer, R.S. 1988. Handbook of North American birds, Volume 4. Yale University Press; New
Haven, Connecticut.
Peterson, D.W. and W.B. Robertson, JI. 1978. Threatened southern bald eagle. Pages 27-30 in
H.W. Kale II, ed. Rare and endangered biota of Florida: volume two, birds. University
Presses Florida; Gainesville, Florida.
Smith, G. 1969. American b~d e~gle. Florida Wildlife 23(2):12-17.
U.S. Fish and Wildlife Service. 1987. Habitat management guidelines for the bald eagle in the
southeastern region. U.S. Fish and Wildlife Service; Atlanta, Georgia.
u.s. Fish and Wildlife Service. 1989. Southeastern states bald eagle recovery plan, U.S. Fish
and Wildlife Service; Atlanta, Georgia.
u.S. Fish and Wildlife Service. 1995. Final rule to reclassifY the bald eagle from endangered to
threatened in all of the lower 48 states. Federal Register volume 60, No.B3, 36000-
36010.
U.S. Fish and Wildlife Service. 1999. South Florida multi-species recovery plan.
Atlanta, Georgia.
Wood, P.B. 1987. Distribution, ownership status, and habitat characteristics of bald eagle nest
sites in Florida. Final report Nongame Wildlife Project 85-020, Florida Game and Fresh
Water Fish Commission; Tallahassee, Florida.
Wood, P .B. 1992. Habitat use,.movements, migration patterns, and survival rates of subadult
bald eagles in northern Florida. Dissertation, University of Florida; Gainesville, Florida.
Wood, P.B. and M.W. Collopy. 1995. Population ecology of sub adult southern bald eagles in
Florida: post-fledging ecology, migration patterns, habitat use, and survival. Final report
to Florida Game and Fresh Water Fish Commission, Nongame Wildlife Program;
Tallahassee, Florida.
Wood, P.B., T.C. Edwards, and M.W. Collopy. 1989. Characteristics of bald eagle nesting
habitat in Florida. Journal of Wildlife Management 53(2):441-449.
1
Attachment E
Wood Stork Management Plan
2 pages
10
Wood Stork Management Plan
For .The Lely Area Stormwater Improvement Project
Introduction
Both the United States Fish aJ1d VYildlife Service (FWS) and Florida Fish and Wildlife
Conservation Commission (FWC) list the wood stork (Mycteria americana) as Endangered. The
Lely Area Stormwater Improvement Project (LASIP) site contains existing ditches and canals
that are within the foraging range of wood storks from a Big Cypress National Preserve rookery.
The purpose of this management plan is to provide protective measures, which will ensure the
safety of foraging wood storks.
Background
The wood stork is a verY tall (40") and heavy wading bird of southern wetlands. Adults have
white primary feathers and black secondary feathers and tail feathers. The head is naked of
feathers and the neck is thick and black. The wood storks' bill is long, massive at the base,
tapering and down curved toward the tip. Its long legs are dark gray with pinkish feet. Wood
storks inhabit wet meadows, swamps, ponds, mudflats, freshwater marshes and coastal
shallows, The wood stork catches fish by feeling with its bill in shallow, often murky water.
Wood storks have been known to fly great distances (35-80 miles have been observed) in
search of concentrated fish occurring in shallow water habitats, Wood storks can also feed
effectively when all surface water is gone and prey is concealed in soft mud. Thus, the wood
stork is a roving workforce. moving from pond to pond as the regional water recedes during the
winter dry season.
Management Plan
The LASIP project proposes improvements to an existing stormwater drainage system. Existing
drainage ditches and canals within LASIP will typically be widened and deepened to expedite
stormwater conveyance. Protective measures to ensure the safety of foraging wood storks will
be undertaken as part of this plan.
Educational materials, specifically color brochures, will be designed and supplied to contractors
and workers involved with the construction and/or periodic maintenance of LASIP. The
brochure will teach workers and contractors how to identify wood storks and what procedures to
take when wood storks are observed foraging within or adjacent to ditches and canals proposed
for improvement, and/or periodic maintenance, associated with LASIP. Heavy equipment
operators will be instructed to avoid interrupting foraging groups of wood storks within ditches
and canals along the LASIP corridor. A group of foraging wood storks will be defined as 5 or
more individual wood storks. There may be other species of wading birds in the concentration
as well. Heavy equipment operators will be instructed to avoid earthwork within 500 feet of any
group of five or more foraging wood storks. Once the wood storks leave the ditch, canal, or
construction area, or move more than 500 feet from the construction area, construction activities
may continue.
Work associated with LASIP is not anticipated to destroy or degrade existing wood stork
foraging habitat. On the contrary, additional potential foraging habitat should be available to
212212002-104464 Vor. 021. VPlllogr
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Wood Stork Management Plan .
For The Lely Area Stonnwater Improvement Project
Page 2
wood storks as a result of this project. The creation of a proposed spreader lake, at the outlet of
the Lely Canal, should provide foraging habitat that is not available at the present time. The
portion of the Lely Canal south of U.S. 41, will have a 15-foot wide littoral shelf constructed on
one side of the canal. This constructed littoral shelf should provide additional foraging habitat
for wood storks that is not available currently. LASIP also proposes to construct a spreader
lake, new canal system and pump station along the east side of the Lely Lakes development.
Construction of this discharge spreader would provide water into wetlands that have been cut
off from historic sheet flow. Re-hydrating the slough should provide a positive hydrological and
water quality impact to this wetland. Re-hydrating the slough should also provide additional
foraging habitat for wood storks.
10
Attachment F
RCW Management Plan
2 pages
lOG
Red-Cockaded Woodpecker Management Plan
For the Lely Area Stormwater Improvement Project
Introduction
The Florida Game and Freshwater Fish Commission (FWC) lists the red-cockaded
woodpecker (Picoides borea/~) as Threatened, the U.S. Fish and Wildlife Service (FWS) list
the species as Endangered. The species once occurred in all 67 Florida counties. The
primary threat to the remaining red-cockaded woodpecker (RCW) populations continues to
be destruction or degradation of habitat in associated with timbering operations and other
land clearing operations.
Distinguishing Characteristics
Adult RCWs measure 7.1 -7.3 inches in length, wingspan is 13.8 -14.8 inches, and weight
is approximately 1.6 ounces. Males are slightly larger than females. RCWs are easily
distinguished from other woodpeckers by having conspicuous white cheek patches and
black and white, horizontally barred backs. Male RCWs do have a few red feathers slightly
above and behind each eye, but that red spot is essentially covered by black feathers and
rarely visible in the field, usually only when the male is displaying.
Habitat
Pine stands of old growth systems, or old growth pine-dominated pine/hardwood stands,
with a low or sparse understory constitute RCW nesting/roosting habitat. Nest and roost
cavities are excavated almost exclusively in mature (>60 years old) living pine trees. RCWs
will forage in old growth and young pine tree stands, in bayheads, and even cypress domes.
RCWs will not persist where the abundance of mature pines is insufficient to offset the loss
of cavity trees that die.
Life History/Behavior
RCWs are non-migratory, aggressively territorial, and occur in cooperative breeding social
units called groups or clans. Groups are typically comprised of a breeding pair and up to 3
helpers, which are nearly always males and most often offspring of the mated pair from
previous years. Juvenile females disperse or are expelled from the breeding unit prior to
the onset of the breeding season following their births. Helpers assist in defending
territories from neighboring groups and in feeding and otherwise caring for the young.
Mated pairs usually remain together until one dies.
RCWs are the only North American woodpecker, which excavates its roost and nest cavities
in living trees. Cavities can be excavated to completion in a few months, but typically take
1-3 years. When a cavity is completed, resin wells are excavated above, alongside, and
below the cavity. The resulting resin flow gives the tree a glazed, candle-like appearance,
which makes it unmistakably recognizable a RCW cavity tree.
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Red-Cockaded Woodpecker Management Plan
For the Lely Area Stonnwater Improvement Project
IUu
Page 2
Competition for RCW cavities from other species can be fierce. Pileated woodpeckers, red-
bellied woodpeckers, red-headed woodpeckers, eastern bluebirds and European starlings
can usurp RCW cavities. '
The RCW breeding season in Florida commences in mid to late April and extends through
early June. Clutch size is 2-5 eggs, usually 3 or 4, and incubation lasts 10-11 days. The
young fledge at 27-28 days of age. RCWs are long-lived birds for their size, with known
ages of banded birds in the wild having been documented at >14 years.
Portions of work proposed for Lely Area Stormwater Improvement Plan are in proximity to
an undeveloped parcel of land that contains inactive and abandoned RCW cavity trees.
This undeveloped parcel is known as Twelve Lakes site and is located in Section 4,
Township 50 South, Range 26 East. Recent RCW surveys performed by'ecologists from
WilsonMiller, Inc., have indicated that RCWs are no longer present on this site. The site
does contain several inactive and abandoned RCW cavity tr~es; there are no active RCW
cavity trees on the site. WilsonMiller has surveyed the location of inactive and abandoned
RCW cavity trees on the Twelve Lakes site. The nearest RCW tree, to ditch excavation
proposed by LASIP, is an abandoned cavity tree that is approximately 450 feet from the
proposed work. The nearest inactive RCW tree, to ditch excavation proposed by LASIP, is
approximately 950 feet from the proposed work. The subject RCW trees are in no danger
of being harmed or destroyed as a result of work proposed by LASIP.
Management Plan
Increasing the depth and width of existing canals and ditches within LASIP project
boundaries should not destroy, harm, or degrade potential RCW nesting habitat. However,
precautionary measures will be undertaken when construction associated with LASIP
involves clearing pine habitat and with ditch excavation and periodic maintenance in
proximity to the Twelve Lakes site. Prior to the excavation and maintenance of the drainage
ditch located at the southwest corner of the Twelve lakes site, Collier County will hire a
qualified biologist to inspect the impact area, and a 100 foot buffer area on the Twelve
Lakes site, for the presence of any RCW cavity trees. If any RCW cavity trees are
observed within the subject area, the biologist will instruct contractors and workers to stop
proposed construction within 100 feet of the observed RCW cavity tree. The biologist in
charge will assess the cavity tree and determine if nesting young are present in the cavity
and notify the U.S. Fish and Wildlife Service (FWS) of the situation and ask for guidance
before continuing construction and/or periodic maintenance, within 100 feet of the RCW
cavity tree.
Some unavoidable impacts to pine habitat will occur as a result of the LASIP project. Prior
to clearing pine habitat, Collier County will hire a qualified biologist to review the impact
areas for the presence of RCW cavity trees. The inspection area will include an area 100
feet from clearing limits. Construction will be allowed to commence when the biologist has
completed the site review and determined that no RCW cavity trees will be harmed or
destroyed as a result of the intended activity. Should the biologist observe an RCW cavity
tree within areas to be cleared, or within 100 feet of clearing limits, contractors and workers
will be instructed to stop construction activities that are within 100 feet of the cavity tree.
The biologist will also be responsible for notifying the FWS of the situation and ask for
guidance.
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Attachment G
Bald Eagle Management Plan
2 pages
1 it ,O'~
Ub
.
.' ;
BALD EAGLE MANAGEMENT PLAN
FOR THE LEL Y AREA STORMWA TER IMPROVEMENT PROJECT
Introduction
Both the U.S. Fish and Wildlife Service (FWS) and the Florida Fish and Wildlife Conservation
Commission (FWC) list the bald eagle (Haliaeetus leucocepha/us) as Threatened. Habitat loss
and other natural and anthropogenic factors arE~ the primary reasons for the listing. Bald eagles
typically nest from October to May. However, nesting has been documented as late as August.
Preferred nest sites tend to occur in the tops of tall pine tr,ees, which exceed 50 feet in height.
Typical clutch size is 2 eggs but can vary between 1 and 3 eggs. The duration of egg
incubation is approximately 34 to 35 days. Young bald eagles will fledge 10-12 weeks after
hatching.
Bald eagle populations usually occur near bodies of fresh and salt water, due to their diet, which
consists primarily of fish. Eagles capture fish at the surface of the water, but ~i11 often harass
other birds of prey and steal their catch. While fish make up the largest portion of their diet,
other prey items include waterfowl or small wading birds, small mammals and reptiles,' The bald
eagle is an opportunist and will also feed on carrion in addition to its normal prey~
A bald eagle nest has been documented by the FWC on the Sabal Bay property in Section 19,
Township 50 South, Range 26 East, Collier County, Florida. The subject eagle nest has been
designated as CO-24by FWC and occurs within 300 feet of improvements proposed for the Lely
Manor Canal. The purpose of this management plan is to provide measures to protect the
subject bald eagle nest, so as not to disrupt the normal eagle nesting behavior, while allowing
the Collier County Stormwater Department to perform proposed stormwater drainage
improvements in the Lely Manor Canal.
The following eagle management plan is applicable only to activities associated with the Lely
Area Stormwater Improvement Project (LASIP) that fall within the primary or secondary
protection zones along the Lely Manor Canal. It does not binding on any other interests within,
or adjacent to, those protection zones.
Bald Eagle Protection Zones
The 1987 Habitat Management Guidelines for the Bald Eagle in the Southeastern Region,
prepared by the FWS, provides criteria upon which to base management of eagle nests located
near potential development. The FWS and FWC typically consider establishment of primary
and secondary protection zones based on nest and project-specific considerations. The primary
and secondary zones usually encompass between 750 and 1500 feet and between 750 and 1
mile, respectively. The purpose of the Primary Protection Zone is to protect habitat immediately
surrounding an eagle nest and to ensure the safety of the nest. The Secondary Protection Zone
allows development to occur during the eagle non-nesting season and is designed to minimize
disturbances that might compromise the integrity of the Primary Protection Zone and to protect
areas outside of the Primary Protection Zone.
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BALD EAGLE MANAGEMENT PLAN - LEL Y AREA STORMWA TER IMPROVEMENT PROJECT
2
The Primary Protection Zone is proposed to encompass a 750-foot radius circle from the nest
tree. The 750-foot radius cirCle was chosen because the stormwater improvements proposed
beyond the primary protection zone includes canal widening, deepening or reconfiguration in
unforested or previously disturbed habitats that will have little, if any, impact on the buffering
ability of the habitat surroundklg tfle nest. As a result, little benefit will be gained by expanding
the primary protection zone beyond 750 feet.
The proposed radius of the Secondary Protection Zone is 750 feet to 1500 feet from the nest
tree. This zone is established to protect the Primary Protection Zone. The 750-foot to 1500-foot
radius for the Secondary Protection Zone was selected because stormwater improvement
activities beyond the proposed secondary zone to the east would be adjacent to existing horse
stable operations and would not likely be disruptive to the nesting eagles.
Proposed Work Associated with LASIP
The Collier County Stormwater Department proposes to perform necessary deepening and
widening improvements at the Lely Manor Canal associated with the LASIP project. Proposed
improvements to the Lely Manor Canal are unavoidable and critical to the success of the
proposed regional stormwater improvements. These improvements occur within the Primary
and Secondary Protection Zones.
Activities associated with the LASIP project within the primary protection zone will include slight
canal widening and canal deepening with the spoil removed and deposited in an appropriate
upland location off site. The canal alignment will remain unchanged in this protection zone and
the canal widening will have little impact on the adjacent habitat.
Activities within the secondary zone will include canal widening and deepening with spreader
swale construction at the western end of the existing canal. The canal alignment will remain
unchanged in this protection zone and the canal widening will have little impact on the adjacent
habitat.
Protection Measures During Construction and Canal Maintenance Events
Prior to canal improvement or periodic maintenance activities, Collier County will hire a qualified
biologist to monitor the status of the subject eagle nest. No proposed improvements in the
Primary and Secondary Protection Zones associated with the LASIP project will occur during
the time that eagles are exhibiting nesting activity associated with this nest territory. The
biologist will determine when nesting activity commences, thereby establishing the time which
all construction or maintenance activity must cease within the Primary and Secondary
Protection Zones. Similarly, work proposed within the Primary and Secondary Protection Zones
will only re-commence after any eagle young have left the subject nest tree (fledged). The
biologist responsible for monitoring the bald eagle nest will provide verification to FWS and
FWC once nesting activity commences and construction ceases and again prior to re-
commencement of construction, indicating the status of the nest. Pending verification from
FWS and FWC, the construction activities will cea~e or commence, as appropriate.
2/5J2OD2.104331 Ver. 02f.. TTretfis
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10S
Attachment H
American Crocodile Management Plan
2 pages
1"
u:
,-'
American Crocodile Management Plan
For The Lely Area Stormwater Improvement Project
Introduction
The American crocodile (Crocodylus acutus) ranges along both coasts of Central and South
America, Cuba, Hispaniola, Jamaica, and reaches the northern limit of its range in southern
Florida. In 1975, the
Historically, crocodile nesting in Florida was recorded occurring along lake Worth, Biscayne
Bay, Florida Bay, and the Florida Keys. Nesting still occurs along Florida Bay within the
Everglades National Park, along Barnes Sound, and along Card Sound at the Turkey Point
Power Plant. Crocodile nesting has recently been observed on Sanibellsland and at the Marco
Island Airport. Crocodile sightings are reported throughout the Rookery Bay to Goodland Bay
area, but have not been quantified as to number, size, or sex.
The American crocodile prefers brackish water and is typically found in ponds, coves and
creeks, in mangroye swamps, and in manmade canals and ponds adjacent to these areas. As
for nesting habitat, dredge and fill activities by humans have unintentionally created or
enhanced crocodile habitat in some locations. Crocodiles can occupy suitable manmade canals
and ponds in and adjacent to occupied crocodile habitat. Nesting habitat requires relatively
well-drained high ground that is not subject to tidal or seasonal flooding.
Portions of work proposed by lely Area Stormwater Improvement Project (LASIP) occur
upstream from the Rookery Bay National Estuarine Research Reserve and in the vicinity of the
Marco Island Airport. The purpose of this Crocodile Management Plan is to provide safety
measures to protect the crocodile during construction and during periodic maintenance events
associated with LASIP.
Objectives
The objectives of the LASIP Crocodile Management Plan are to:
1. Evaluate the offsite impacts of LASIP on adjacent natural systems,
2. Develop a management plan for crocodile occurring in or adjacent to the LASIP
boundaries. This plan will consist of educating employees and contractors about
crocodiles, minimizing risks to employees and contractors, and establishing
response criteria for crocodile sightings.
20212002-104435 Ver. 021. VPoIIegr
.,....
7lJOOG.DOHlOO. VCOE. 25104
-,;.,
American Crocodile Management Plan - The Lely Area Stormwater Improvement Project
2
Crocodile Management Plan
Salinity is a major factor limiting the distribution of reptiles in estuarine systems. The primary
impact of concern for developments upstream of natural crocodile habitat (mangrove estuary) is
the disruption of freshwater flow ioto the estuary. Maintaining or enhancing existing flow
patterns is a basic recommendation for protecting adjacent crocodile habitat. Some freshwater
flows that historically entered sloughs within LASIP boundaries have been severed and re-
routed due to road construction and ditching associated with adjacent agricultural farming/cattle
grazing. The LASIP project proposes to pump freshwater into a freshwater slough to restore
freshwater flow. This re-directed fresh water eventually flows into estuaries in the Rookery Bay
National Estuarine Research Preserve. As a result, crocodiles are anticipated to benefit from
restored freshwater flows into adjacent estuaries as a result of LASIP.
During construction, an educational program is proposed to keep humans and crocodiles safe
and will, at a minimum, include talks and brochures. Contractors and workers will be instructed
not to feed or approach crocodiles. It will be emphasized that large crocodiles and nesting
females should not be approached and should always be treated with respect. Female
crocodiles build mound-shaped nests constructed of sand, soil, and mangrove peat in late April
to early May. Hatchlings usually emerge July to early August. Crocodiles should be con~idered
dangerous when they are large and approach and follow you. Aggressive behavior includes the
crocodile orienting itself towards a target and following (stalking) it, making itself look bigger,
hissing and growling, charging and biting. Contractors and workers will be taught how to
identify crocodiles (from alligators) and recognize these behaviors.
During construction, if a crocodile is observed in or adjacent to the construction area that is
being improved, construction is to cease in the vicinity of the animal in order to allow it to move
out of harm's way. If a crocodile'is observed between April and August, a qualified biologist is
to be contacted to verify the presence or absence of any crocodile nests in that region of the
construction area. If a nest is observed, construction must cease within 500 linear feet of the
nest until September 1, or until the young have left the nest, whichever occurs first.
It is recommended that if a positive distinction between an American alligator and an American
crocodile is not possible, that a qualified biologist be contacted to make positive identification. If
the animal is a crocodile, the biologist will make recommendations as how to protect it per this
management plan. The biologists will notify the appropriate interests involved in regional
crocodile study, for census purposes.
21512002- 1o.u3S Ver. 021- VPelegl
cue
70lJlK>.001-OOe- VCOE. 251lJ.4
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Attachment I
Eastern Indigo Snake Protection Plan
3 pages
10
"1
-
Eastern Indigo Snake Management Plan
For The Lely Area Stormwater Improvement Project
IDENTIFICATION AND PROTECTION OF THE
EASTERN INDIGO SNAKE
Introduction and Laws of Protection:
The Eastern indigo snake (Drymarchon corais coupen) was formerly collected heavily for the
pet trade (Moller, 1992). This activity coupled with the fact that its habitat has been largely
fragmented by development has led the Florida Fish and Wildlife Conservation Commission
(FWC) and the U.S. Fish and Wildlife Service (FWS) to categorize the species as Threatened.
It is also protected under the Endangered Species Act of ~973.
The Lely Area Storrnwater Improvement Project property contains Eastern indigo snake habitat
including gopher tortoise burrows, where they are often found. Because of this, there is
potential for this snake to be found on site, especially during construction activities.
The following information gives a description of the Eastern indigo snake and its habits and also
explains what to do if a snake is encountered during construction.
Characteristics:
Phvsical Description:
The Eastern indigo snake is the largest of the North American
snakes (Behler and King, 1989). It is heavy-bodied and
uniformly shiny blue-black.
-,
Habitat: In the southeast, it is found in pine woods, turkey oak, and
palmetto strands near water. They also reside in gopher tortoise
burrows for protection and warmth,
MatinQ Habits: This species mates from November to February with hatchlings
appearing in late July to October.
Feedim:.J Habits: The Eastern indigo snake is not a constrictor; it immobilizes food
with its jaw (Behler and King, 1989). It will feed on frogs, small
mammals, birds, other snakes, lizards, and young turtles.
Defense Mechanisms: When disturbed, it hisses, vibrates its tail and flattens its neck.
211/2002-1~ V.r. 011- VPeIIogr
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10000.001.000- VCOE. 2511M
;1
Eastern Indigo Snake Management Plan
For The Lely Area Stormwater Improvement Project Lely Area Stonnwater
Protection Measures:
Because the Eastern indigo snake is protected under the Endangered Species Act of 1973,
there are civil and criminal pt;nalt~s for injuring, harming, harassing, or killing this species. If an
Eastern indigo snake is sighted during construction or during maintenance events, the following
measures will be taken:
. Cease construction activity in the area of the sighting immediately;
. Notify one of the qualified biologists listed below or on the included brochure;
· Allow the Eastern indigo snake sufficient time to move away from the site on its own
before resuming construction;
. The qualified biologist will relocate the Eastern indigo snake out of harm's way before
construction activity resumes.
Contacts in case of a sighting of the Eastern indigo snake during construction:
Tom Trettis or Bruce Layman
Wilson Miller
(941) 649-4040
or
Kim Dryden
U.S. Fish and Wildlife Service
(941) 353-2873
or
Jim Beever
Florida Fish and Wildlife Conservation Commission
(941) 575-5765
21112OG2- 10.4364 V8r. 011- VPetlegr
c:.ua
70000.001-400- VCOE. 25104
lC) G
Eastern Indigo Snake Management Plan
For The Lely Area Stormwater Improvement Project Lely Area Stormwater
NOTICE TO CONTRACTORS AND EMPLOYEES
LEL Y AREA STORMWATER IMPROVEMENT PROJECT
(LASIP)
On the LASIP construction project, contractors and employees associated with land
clearing and grading, canal improvements and construction are required to know that
EASTERN INDIGO SNAKES exist in this area and precautions by each employee must
be taken to avoid harm to these protected species. -
If an EASTERN INDIGO SNAKE is found during clearing, grading, or construction, ALL
CONSTRUCTION ACTIVITIES IN THE IMMEDIATE VICINITY OF THE SNAKE MUST CEASE.
The Eastern indigo snake must be allowed to freely move away from the construction area.
Qualified biologists from the U.S. Fish and Wildlife Service, Florida Fish and Wildlife
Conservation Commission, or an authorized representative are the only persons permitted to
physically relocate an Eastern indigo snake from the construction area. The contractor or
employee identifying an Eastern indigo snake are requested to immediately contact:
WilsonMiller, Inc.
Ecological and Water Resources Division
(941) 649-4040, ext 5646, 5827, 6246, or 6376
Florida Fish and Wildlife Conservation Commission
Office of Environmental Services
29200 Tuckers Grade, Punta Gorda, FL 33955
(941) 575-5765
United States Fish and Wildlife Service
Office of Ecological Services
3860 Tollgate Blvd. Suite #300, Naples, FL 34114
(941) 353-2873
21112002-1043&1 Vor.01I-VPellIl/'
CM40
7000~1-ll1X1- VCOE- 25104
,_:\
Attachment J
Self-Certification Statement of Compliance
1 pag'e
--~,_"= -" --.rNTM
1,
10
SELF-CERTIFICATION STATEMENT OF COMPLIANCE
Permit Number:
Permittee'S Name & Address (please print or type):
Telephone Number:
Location of the Work:
Pate Work Started:
Pate Work Completed:
Description of tne Work (e.g. bank stabilization, residential o~
commercial filling, docks, dredging, etc.):
Acreage or Square Feet of Impacts to Waters of tne Urtited States:
DeScribe Mitigation completed (if applicable);
Describe any Deviations from Permit (attach drawing(s) depicting
the deviations) ;
***********'*********
I ci~~ify that all ~ork, and mitigation (if applicable) was done in
accor4.ance with the limitations an~ co~di~iohS as descrLbed in the
Pe~it.. Any devaations as described above are depieted on the
attaehed drawing(s).
t
Si9natu~e of Permittee
Pate
1---
u
Attachment K
As Built Certification
3 pages
AS-BUILT DRAWINGS
10
1. The permittee shall provide as-built drawings of the authorized work. including
mitigation, and a completed As-Built Certification Form. The drawings and Certification
Form are to be submitted within 60 days of completion of the authorized work, including
mitigation, or at the expiration of the construction authorization of the permit, whichever
comes first. The drawings and Certification Form must be signed and sealed by a
professional engineer registered in the State of Florida. In the event that the completed
work deviates from the approved permit drawings and special conditions, the permittee
shall describe, on the Certification Form. the deviations between the work authorized
by the permit and the work as constructed. A blank form is attached. Please note that
the depiction and description of the deviations on thedrawinQs and Certification Form
does not necessarilv mean that the Coros will approve of them.
2. As-built drawings shall include:
a. Location of the authorized work footprint (as shown on the permit drawings)
with an overlay of the work as constructed.
b. Clear indication of any deviations which have been described on the As-Built
Certification Form. '
c. The Department of the Army Permit Number.
d. A plan view of the overall footprint of the project showing a/l"earth
disturbance", including wetland impacts. water management structures, and anyon-site
mitigation areas.
e. A detailed plan view of all created and/or restored or enhanced mitigation
areas showing planting zones, and cross-sections of the mitigation areas showing
elevations corresponding to the plantings; elevations of the inverts of any control
structures (inflow and outflow) servicing the mitigation areas.
f) Any stormwater management system, that is a part of a wetland creation,
restoration or enhancement mitigation project, especially elevations of the inverts of the
control structures.
AS-BUILT CERTIFICATION BY PROFESSIONAL ENGINEER
Submit this form and one set of as-built engineering drawings to the U.S. Army Corps of
Engineers, Enforcement Branch, Post Office Box 4970, Jacksonville, Florida 32232-0019. If
you have questions regarding this requirement, please contact the Enforcement Branch at
904-232-2907.
1. Department of the Army Permit N.umber.
2. Permittee Information: ,
Name
Address
3. Project Site Identification:
Physicallocation/address
4. As-Built Certification:
I hereby certify that the authorized work, including any mitigation required by Speci~1
Conditions to the permit, has been accomplished in accordance with the Department of the
Army permit with any deviations noted below. This determination is based upon on-site
observation, scheduled and conducted by me or by a project representative under my direct
supervision. I have enclosed one set of as-built engineering drawings.
Signature of Engineer
Name (Please type)
(Fl, PR or VI) Reg Number
Company Name
Address
City
State
ZIP
(Affix Seal)
Date
Telephone Number
10
Oeviations from the approved permit drawings and special conditipns: (attach additional
pages if necessary)
.-
EXHIBIT L
STANDARD DETAILS
I
! 'I'
TPA#1953633,11
GC-CA-L-1
1 /\
EXHIBIT M
PLANS AND SPECIFICATIONS
FOOT Road and Bridge Construction Standards Dated 2004 are sited
in plans -- any amendments post December 31, 2005 must be
reviewed and accepted by Project Manager prior to approval for use.
TPA#1953633.11
GC-CA-M-1
Co1lr County
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PRO.JECT MANAGEMENT PLAN (PMP) for
Lely Area Stormwater Improvement Plan Project
Stormwater Management Department Project #51101
Updated 9/25/06
SITE LOCATOR MAP:
(Bold line depicts entire project area)
DESCRIPTION AND BACKGROUND:
The proposed Lely Area Stormwater Improvement Plan (LASIP) Project consists of
improvements to an existing drainage system for an 11,000 acre area in East Naples, which
formed the central part of what was known as District 6 of the County's past water management
subdistrict nomenclature. The LASIP project is generally bounded on the north by Radio Road,
DESCRIPTION AND BACKGROUND:
(continued)
on the east by County Road 951, on the west by an existing FP&L easement located
approximately1.5 miles west and parallel to Airport-Pulling Road, and along the south by
estuarine wetlands associated with Naples Bay and Rookery Bay. The Project area has two
basins:
1)
Iv u
The westernmost basin is known as the Lely Canal Basin. It outfalls south of Dollar
Bay through the Lely Canal, This canal crosses under US41 just south of Rattlesnake-
Hammock Road.
2) The easternmost Basin is known as the Lely Manor Basin. This basin drains Naples
Manor and outfalls to Rookery Bay through two conveyances, the Treviso Bay Canal
and the Lely Manor Canal.
Although the project has some degree of water management improvement, it generally suffers
from the lack of a comprehensive, designed outfall system.
Land use within the basin consists of a combination of modern developments that have improved
water management systems consistent with current design requirements and best management
practices as well as older existing neighborhoods that were developed before water management
systems were required. The latter areas provide little if any water quality improvements for
storm water runoff.
GOAL:
The Purpose of the project is to lower the flood elevations and to reduce the duration of peak
stages while reducing dry season overdrainage and providing as much water quality
improvement and groundwater recharge as possible. Careful design of the project has avoided
wetland impacts where possible and minimized unavoidable wetland impacts to the maximum
extent practicable, while still meeting the overall project purpose.
APPROACH:
General proposed construction activities will be:
. Widen and deepen existing canals
. Construct new channels
. Construct new control structures
. Improve several existing control structures
. Install new flood control gates
. Construct spreader lakes and berms at outfalls
. Construct a pump station to rehydrate existing wetlands
Milestones, many of which have been ongoing since the 1980s and 1990s, include:
. Define project area
. Consultant selection
. Determine and define drainage basin
. Define methodology
. Acquire necessary property
. Data collect and model system
. Design/Prepare plans
. Obtain appropriate permits
. Bidding & construction contract development
2
LASIP CONSTRUCTION SEQUENCING PLAN:
I,t";;
U
Year (proj. In Sub-project Name Est. Cost
construction No..
starn
1 Rattlesnake Hammock Rd. $ 2,900,000
2006 2 County Barn Rd. $ 6,000,000
3 Lelv Branch Canal (Rat Ham to K. Lake - PH IA) $ 3,200,000
2006 Total $ 12,100,000
4 Mitil!:ation Land Restoration (Clearing) $ 545,000
5 Northeast Royal Wood (SB Rd. Ext.) $ 1,224,000
6 Crews Road (SB Rd. Ext.) $ 136,000
7 Cone Lane (SB Rd. Ext.) $ 48,000
2007
8 Roval Wood Lake Interconnects (SB Rd, Ext.) $ 2,312,000
9 Lelv Main Canal (E, to W. south of Rat Ham. PH 2) $ 1,360,000
10 Lelv Main Canal (Sabal Bay) $ 8,036,000
2007 Total $ 13,661,000
4 Mitigation Land Restoration (Planting - PH 1) $ 471,000
11 Lelv Branch Canal (US 41 to Rat Ham - PH IB) $ 1,910.000
2008 ]2 Treviso Bay East (Lely Manor Canal- PH IB) $ 3,967,000
13 Trevisso Bay West Canal $ 4,415,000
2008 Total $ 10,763.000
4 Mitigation Land Restoration (Planting - PH 2) $ 471,000
14 Northwest Royal Wood $ 2,856,000
15 Whitaker Road $ 635,000
2009 16 Treviso Bay North Canal $ 5,141,000
]7 Naples Manor Outfall No.4 $ 685,520
18 Naples Manor Outfall No.3 $ 514,140
2009 Total $ 10.302,660
19 Nanles Manor North Canal $ 3,517,000
20 Naples Manor Ditch Enclosure $ 1,666,000
2010 21 U.S. 41 Ditch $ 2,777,000
22 Haldeman Creek (CB Rd - Riveria to Lelv Main) $ 1,587,000
2010 Total $ 9.547,000
23 Davis Blvd. Weir $ 514,140
24 Davis Blvd. $ 514,140
25 Sandy LanelWingsouth Interconnect $ 1,428,000
2011 26
Wingsouth Airpark West Channel $ 856,900
27 Wingsouth Airpark East Channel $ 771,210
2011 Total $ 4,084,390
Proiect Total $ 60,458,050
*The ID number is a reference to a map to be inserted into the PMP at a later date
3
10 u
PROJECT DELIVERY TEAM (PDT):
Member
Collier County Staff:
Jerry Kurtz PE (Stormwater Mgt Dept)
Shane Cox PE (Stormwater Mgt Dept)
Gianfranco Nicolaci (Stormwater Mgt Dept)
Robert Wiley, PE (Eng Svcs Department)
Eugene Calvert PE (Stormwater Mgt Dept Dir)
Norman Feder
Connie Deane (Transportation Admin)
Lisa Taylor (Transportation Admin)
Sharon Newman (Transportation Admin)
Brenda Brilhart (Purchasing Dept)
Rhonda Cummings (Purchasing Dept)
Scott Teach Esq (County Attorney Office)
Consultants:
Dan Brundage, PE (ABB Inc)
Matt Kichline (ABB Inc)
TitIe/Role
Supervisor /Prin Project Manager
Sr Project Manager
Project Manager
Prin Project Manager/project advisor
Department Director
Transp. Div Administrator
Community Liason
Budget Analyst
Operations Support Manager
Purchasing Agent
Contract Specialist
Ass't Attorney for Trans Div
Project Manager
Senior Engineering Technician
PROJECT STAKEHOLDERS:
Person/Entity
1. Collier County Wastewater Dept
2. Collier County Water Dept
3. Collier County Road Maintenance Dept
5. US Army Corps of Engineers
6. Lely area residents, business owners
Interest in Project
-WW lines within scope ofproject
-water lines within scope of project
-will be maintaining canals,
structures, and pump facility
-co-issue ER permit
-planning to provide various grants
(point of contact (p.o. c.) Liz Abbott)
-co-issue ER permit
-construction impacts
- future drainage of the area
-cost to taxpayers
4. South Florida Water Management District
GUIDING PRINCIPLES:
The PDT will adhere to the following Guiding Principles throughout the performance of this
project:
1. Good Neighbor Policy
2. Practice of Sideways Management with other Departments of Collier County and other
municipal governments and agencies, including State and Federal
3. Every attempt will be made to construct the system from downstream to upstream in
accordance with good drainage design principles
4. Diligence to ensure all permits adhered to by contractor
4
COST/BUDGET SUMMARY:
Brief History
Currently design is being accomplished by Agnoli, Barber & Brundage, Inc. In past years other
firms have contracted with the County to complete various workscopes; however only the ABB
Inc contract is active at this time. Other budget histories can be found in the project files.
10
:-.
Feb 3.1999 Ae:enda Item 16.B5
Contract 97- 2715 awarded to Agnoli, Barber, & Brundage
$ 79,926
Since its establishment, eleven contract amendments or modifications have been done to this
contract. The total dollar amount added to the contract currently equals $1,115,872.50
Current budget status
The current preliminary estimated cost of the project is 60.5 million dollars.
Budgeting for 2007 includes funds from several sources:
1. 2006 carry forward:
2. Fiscal Year 2007 proposed budget
3. Grant from Big Cypress Basin
4. Grant from South Florida WMD HQ
TOTAL 2007 planned budget
$1,200,000
$ 739,000
$1,190,000
$ 395,000
$3,524,000
5
PROJECT ACCOMPLISHMENTS AS OF NOTED DATE ON PAGE 1 :
Pursuit of stormwater management improvements have been ongoing since approximately 1988.
1988
-Defined project area
1989 -Selected first consultants, (Law Environmental)
(The initial design and permitting efforts were with Law Environmental,
Inc. and their sub-consultant, Applied Technology and Management, Inc. ABB came on board
when we issued the RFP for the construction design plans in early anticipation of getting the
permits through Law's efforts. When Law came up short, ABB's team was brought in (included
Johnson Engineering, Inc. to do the structure design and CDM to do the financial planning) into
the permitting picture, along with strengthening the environmental permitting capability by
adding Kevin L. Erwin, Inc. and WilsonMiller.)
1989 - 2003
-Collect data and model system
1988 - 2003
-Design and methodology ongoing
1989 - 2005
-Obtain appropriate permits
-Prepare plans
Oct 14, 2004
Management District
-Environmental Resource Permit issued by South Florida Water
Ju128,2005
-Environmental Resource Permit issued by US Army Corps of Engineers
May 06
- ROW acquisition for phase 1B starts
July-Aug 2006
-Additional detail design following meetings
Sept 6, 2006
-100 % plans, specs, bid docs delivered for Phase 1 A
Sept 21, 2006
- 90% phase 1 B plans delivered
- all docs to Purchasing to begin bidding process for 1 A
Sept 22, 2006
- Meeting with Liz Abbott of SFWMD/ discuss grant status
6
FUTURE PLANNED SCHEDULE IDGHLIGHTS
(Anticipated BOCC Agenda Items in bold, strikethrough indicates task cancelled or
rescheduled):
1 fl., ,f"l
lJ iJ
Sept 2006
-Phase 2 design underway
Oct-Nov 2006
-Bidding, Phase 1A construction
-Agenda Item 16XX, award CEI contract for Phase 1A
December 12. 2006 -Agenda Item 16XX, award construction contract for Phase 1A
-100 % plans delivered for Phase 1 B
Jan 2007
Hammock Road)
-Begin construction of Phase 1A (Branch Section north of Rattlesnake
J an 2007
Agenda Item 16XX, award CEI eontraet fer Phase 1A
Feb - Mar 2007
- Bidding, Phase IB construction
Apr 2007
- ROW acquisition for phase IB estimated wrap up
Mav 2007
-Agenda Item 16XX, award construction contract for Phase 1B
Jun 2007
-Agenda Item 16XX, award CEI contract for Phase 1B
lun 2007 -Begin construction of Phase 1 B (Portion of Lely Branch south of
Rattlesnake Hammock Road and portion south ofUS41 in Treviso Bay)
LONG RANGE CONSTRUCTION SCHEDULE:
Nov 2007 - START Phase II of construction
Sep 2008
- final completion of Phase I construction
Nov 2008
- START Phase III of construction
2009
- START Phase IV of construction
- Complete Phase IB of construction
2010
- START Phase V of construction
2011
- START Phase VI of construction
7
.4'-'"
CONSTRUCTION STORMW A TER POLLUTION PREVENTION
PLAN TEMPLATE
The following template may be used as a general guide for development of a
Stormwater Pollution Prevention Plan (SWPPP) for construction activities.
This template may not contain all applicable requirements for all
construction sites. Please refer to the Department's Generic Permit for
Stormwater Discharge from Large and Small Construction Activities, DEP
Document 62-621.300(4)(a) to verifY that you are meeting all permit
requirements. Part V of the above referenced generic permit specifically
lists requirements of the Stormwater Pollution Prevention Plan.
. The SWPPP shall be completed prior to the submittal of the Notice of
Intent (NOI) to be covered under the Department's Generic Permit for
Stormwater Discharge from Large and Small Construction Activities.
. The SWPPP shall be amended whenever there is a change in design,
construction, operation, or maintenance, which has a significant effect
on the potential for discharge of pollutants to surface waters of the
state or a Municipal Separate Storm Sewer System (MS4). The
SWPPP also shall be amended if it proves to be ineffective in
significantly reducing pollutants from sources identified in Part
V.D.l. of the permit. The SWPPP also shall be amended to indicate
any new contractor and/or subcontractor that will implement any
measure of the SWPPP. All amendments shall be signed, dated, and
kept as attachments to the original SWPPP.
1
10 G~
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a
Stormwater Pollution Prevention Plan
"I certifY under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gathered and evaluated the information submitted. Based on
my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fme and
imprisonment for knowing violations."
Name (Operator and/or Responsible Authority)
Date
I Project Name and location information: I
A site map must be developed and must contain, at a minimum, the following
information:
1. Drainage patterns,
2. Approximate slopes after major grading activities,
3. Areas of soil disturbance,
4. Outline all areas that are not to be disturbed,
5. Location of all major structural and non-structural controls,
6. The location of expected stabilization practices,
7 . Wetlands and surface waters, and
8. Locations where stormwater may discharge to a surface water or MS4.
2
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de escrlption
Describe the nature of the construction
activity:
Describe the intended sequence of major
soil disturbing activities:
Total area of the site: Acres
Total area of the site to be disturbed: Acres
Existing data describing the soil or quality
of any stormwater discharge from the site:
Estimate the drainage area size for each
discharge point:
Latitude and longitude of each discharge
point and identifY the receiving water or
MS4 for each discharge point:
3
1", 0'
u.
Give a detailed description of all controls, Best Management Practices (BMPs) and
measures that will be implemented at the construction site for each activity identified in
the intended sequence of major soil disturbing activities section. Provide time frames in
which the controls will be implemented. NOTE: All controls shall be consistent with
performance standards for erosion and sediment control and stormwater treatment set
forth in s. 62-40.432, F.A.C., the applicable Stormwater or Environmental Resource
Permitting requirements ofthe Department or a Water Management District, and the
guidelines contained in the Florida Development Manual: A Guide to Sound Land and
Water Mana ement (DEP, 1988 and an subse uent amendments.
Describe all temporary and permanent stabilization practices. Stabilization practices
include temporary seeding, mulching, permanent seeding, geotextiles, sod stabilization,
ve etative buffer stri s, rotection of trees, ve etative reservations, etc.
Describe all structural controls to be implemented to divert stormwater flow from
exposed soils and structural practices to store flows, retain sediment on-site or in any
other way limit stormwater runoff. These controls include silt fences, earth dikes,
diversions, swales, sediment traps, check dams, subsurface drains, pipe slope drains, level
spreaders, storm drain inlet protection, rock outlet protection, reinforced soil retaining
s stems, abions, coa ulatin a ents and tern or or ermanent sediment basins.
4
Describe all sediment basins to be implemented for areas that will disturb 10 or more
acres at one time. The sediment basins (or an equivalent alternative) should be able to
provide 3,600 cubic feet of storage tor each acre drained. Temporary sediment basins (or
an equivalent alternative) are recommended for drainage areas under 10 acres.
Describe all permanent stormwater management controls such as, but not limited to,
detention or retention systems or vegetated swales that will be installed during the
construction process.
Describe in detail controls for the followlD potential pollutants
Waste disposal, this may include
construction debris, chemicals, litter, and
sanitary wastes:
Offsite vehicle tracking from construction
entrances/exits:
5
10,.',',:
"
I
10
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Inspections: Describe the inspection and inspection documentation procedures, as
required by Part V.DA. of the permit. Inspections must occur at least once a week and
within 24 hours of the end of a storm event that is 0.50 inches or greater (see attached
form).
Identify and describe all sources of non-storm water discharges as allowed in Part IV.A.3.
of the permit. Flows from fire fighting activities do not have to be listed or described.
This SWPPP must clearly identify, for each measure identified within the SWPPP,
the contractor(s) or subcontractor(s) that will implement each measure. All
contractor(s) and subcontractor(s) identified in the SWPPP must sign the following
certification:
"I certify under penalty of law that I understand, and shall comply with, the terms and
conditions of the State of Florida Generic Permit for Stormwater Discharge from Large
and Small Construction Activities and this Stormwater Pollution Prevention Plan
prepared thereunder."
Name Title Company Name, Address Date
and Phone Number
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EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
TPA#1953633.11
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GOODLAND RESIDENTIAL CHARACTER
SINGLE FAMILY RESIDENCES
COLLIER COUNTY PROPERTY APPRAISER
Sq. Ft. Under Air
# OF UNITS
101 30%
137 42%
69 21 %
16 5 %
6 2%
SOUARE FOOTAGE
0- 5 00
501-1000
1001-1499
1500-2000
2001-2879
329
Proposed 1
6,856
Total Sq. Ft. 14, 333
AVG SO. FT.
331
727
1,254
1,636
2,546
795
4 Residences of 2 over 1
1 Residence on 2 combined lots=sq. ft. under air=2,879sf
Largest building in Goodland=Old Marco Lodge Rest.=8,905sf
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COlliER COUNTY ~Lo~K'b(. t i:3C(~_
BOARD OF COUNTY COMMISSldNERS ;:;. "",- / /;
.:::I12-,~ I P {.I\-...... I 7
PERMIT APPLICATION 13v6v ~
PE, "' #: 2006081072
iL;:::':':'F 1': ::?006081072 COA #:
PERMIT TYPE: BR2
APPLIED DATE: 08-09-06
VALID #: 072
APPROVAL DATE:
:;:;3 .?'D.JF~SS; 502 COCONUT AVE
L:3pE:S'2:~N: CBS SF RESIDENCE 400 AMPS WI IMPACT
JOB PHONE: (954) 394-4200
~~:2.L?l'~L~;~ 809 - Goodland Isles BLOCK: B
'::.~c :~'J~~:p2,;_ 002 5 ~ D ELEVATION:
0000046371560000 SECTION-TOWNSHIP_RANGE 18 52 27
~8
Jv"N:':? INFORHATION:
II\Gi,IS TR. JAMES H
:=':< if j UTD 6 /2 1/ 8 8
3 C 0 ~~~',~TEK.f\L~TIONF~L PKY
'Ocr J SE, t;'L 333250000
CONTRACTOR INFORMATION:
PRIME CONTRACTORS & ASSOCIATES INC.
888 ROSE CT.
MARCO ISLAND,FL 34145-
-"CC' COD:~;
CERTIFICATE #:
25295
101 - RISINGLE FAMILY DETACHED
lUN CODE: RE16 / CBS/RES 2003 - TYPE V _ UNPROTECTED
2,081,000.00 TOTAL SQFT: 6,863
PHONE: (239) 394-4200
)~"-..'"'!:._:_, ~"r<.CNT:
~!::!~'lS; TODD
:'::~U~'L,~?9NE; (954) 394-4200
~
SEPTIC
~
WATER:
RIGHT:
WELL
~ 2,~:';: !~.........-..
p" Col hoc Cmm'Y Ordinance No. 200 2-0 I, '" it maybe amended, all work must comply .;lh all applicable laws, cod", onlinance, and any 'lIdi tionaJ
"iptll" "'0' oc co nditi ons of lhi s penni t Thi s PemU t expttes if weck authorized by tbe pennit is notcommenced within six (6) _ths from the date uf
'" tllIlI" 0 r "" penn; t. AddiUonal fe" fo, fail ing to obtain penni" prim to the commencement of con ~ruction may be imposed. Pennittee( s) furth"
""d,," >'Q, thot ot, Y co""acto< that may be employed mn.< be a licensed cont"ctor and that the !lntctuce mn.< not be ",ed 0< """'Pied until a Certificate of
OCCI!PdlCY is issued.
,OT,C E, P RIO R TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOUTlON OF A STRUCTURE, FEDERAL
\:\ D STATE LA WS REQUIRE TIlE PERMIITEE (EITIIER TIlE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF
rH E I:\TENDED WORK TO TIlE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP), FOR MORE
l\'FOlnIA TIO\', CONTACT DEP AT (239) 332-6975.
o a dt! Hio 0 tot he cooditions of this permi~ there may be addldonal restrietions applicable to this properly that may be foond in
he p llb Ii c reeD I'd s of this connty, and there may be additional permils reqnired from other governmental enUties sneb as wa tel'
nanllgement districts, state agencies, or federal agencies.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOnCE OF
~OMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO
VaUR PROPERTY. IF You INTEND TO OBTAIN FINANCING, CONSULT WITII YOVR
LE NDER OR AN ATTORNEY BEFORE RECORDING YOUR NonCE OF
COMMENCEMENT.
I . .;.....--....--"'..........".........."'""..m.__.
C.DPR?n?n
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10 I
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I
I
RE: Inglis proper~v dc\'c!opmcnl. 5021501 East Coconut Driv<J. Goodt,?nd,
Florida 34140 '
Commissioners, Tom Henning; Cornmlssioner Jjrn Coletta;
Conurl!ssloner Fred Coyiei Comrnissioner Frank Halas; CommiSSioner
Donna Fiala
I aID a tull time Florida resid(~nts and I own a
Goodlar:Hl
I
I understand that the Inglis family is constr[lJctlng a
Coconut Drive, GoodJand, FL 34140 fbr \.vhich a
issued and construction has started,
III
at 502 ! 504 East
has
V./e have no objections to the Inglis t1:unily project continuing and being
eornpleted as previously approved and perr~itted,
i
/vi q,
t..,,,/
II
''1
Address
.~ A '-, ~iJ '\I'" (-0--.:' .
/ n l, if l t '.
po box
1<.5' ,:;.-
phone
<! Ci /) c 4' ",- (-". /'; ,ft'j
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i !
S8/t;g 3":)\1d
S3WOH Welt'
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>-___b"'~.,__.._...."'__... . '__"_~~~,__
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f) I : E ;'~ /. GfV: / I <",~ l T (I
Page 1 of I
Clay C. Brooker
10J
From: nite2Iite@comcast.net
Sent: Friday, January 19,20072:53 PM
To: Jim Inglis; Commissioner Tom Henning; Commissioner Jim Coletta; Commissioner Fred Coyle;
Commissioner Frank Halas; Commissioner Donna Fiala
Subject: rick kames email to comms 01.19.07, Inglis project
01.19.07
RE: Inglis property development, 502/504 East Coconut Drive, Goodland, Florida 34140
Commissioners,
My wife and I, both full time Florida residents, own a single family home that shares the same canal /
waterway as Mr. & Mrs. Jim Inglis. Our property located aprx. 6 lots to the West on the opposing side.
Our understanding is that Mr. & Mrs. Inglis are constructing a home at 502 / 504 East Coconut Drive,
Goodland, FL 34140 which meets all of Collier Counties current codes / rules / regulations including
any overlays that may be currently in effect.
We have no reason to believe that we have not been given correct information. With that precedence, we
have no objections to the Inglis family project continuing and being completed as previously approved
and permitted.
Richard & Lisa Karnes
PO Box 98
627 Palm Avenue East
Goodland, FL 34140
239.642.1188
1/22/2007
Clay C. Brooker
From:
DRS843@aol.com
Sunday, January 21,20071:12 PM
DonnaFiala@colliergov.net; J imColetta@colliergov.net; FrankHalas@colliergov.net;
FredCoyle@colliergov.net; T omH enni ng@colliergov.net
Cc: Jim Inglis; hanksp@yahoo.com
Subject: dwayne and patty spence Inglis Property in Goodland, Fla.
Attachments: Collier County Board of County Commissioners. doc
Sent:
To:
Please see the attached letter of our support of the Inglis home building project.
1/22/2007
Page 1 of 1
101
101
Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, Florida 34112
January 21, 2007
Re: Inglis property at 502/504 East Coconut Dr. Goodland, Florida 34140
Dear Commissioners,
We are residents of Goodland, Florida living at 636 Palm Ave. East since 1996, and
understand that the Inglis family is building a home at 502 East Coconut Dr. in
Goodland, Florida, which is very near our home. We also understand that a certain
Connie Stegall-Fullmer has taken it upon herself to try and stop this from
happening and is abusing her position as President of the Preservation Society in so
doing. She does NOT speak for us and we are opposed to her constantly doing so.
We support the Inglis family in their building project and can't understand why this
has been stopped even though a building permit has been issued and construction
has commenced. Further delays will cost this family unnecessary expense and you
should not allow one individual to destroy, in her vindictive way, a family's dream
of a new home in Goodland, Florida.
We are not related to any family member, nor do we have any interest in this
project, other than to see that their rights as landowners is not abused by another.
We have NO objections whatsoever to the Inglis family project continuing and being
completed as previously approved and permitted.
Thank you for hearing our side of the story.
Dwayne R. Spence
Patty F. Spence
636 Palm Ave. East
P.O. Box 835
Goodland, Florida 34140
Phone 239-389-1409
Alex and bobby dusek Goodland Propeliy
Page 1 of2
10 i
Clay C. Brooker
From: Bobbie Dusek [bdusek@johnrwood.com]
Sent: Saturday, January 20, 20076:35 PM
To: Jim Inglis
Subject: Alex and bobby dusek Goodland Property
m__ Original Message h___
From: "Bobbie Dusek" <bdusek@johnrwood.com>
To: <J imColetta@colliergov,net>; <TomHenning@colliergov.net>;
<Don naFiala@coIIiergov.net>; <FredCoy le@coIliergov.net>;
<F rankHalas@col]iergov.net>
Sent: Saturday, January 20, 2007 7:49 AM
Subject: Goodland Property
> Dear Commissioners Coletta, Henning, Fiala, Coyle and Halas,
>
> Jim Inglis who has owned two contiguous lots on E. Coconut Ave. in
> Goodland for, I would say 40 years, has decided to build a large Key West
> style home on his two lots (which he has converted into one large lot).
> My parents, who have since passed away, owned a home to the right of
> Jim's. I now own the home with my siblings. Jim Inglis has a homestead
> property in Miami. He and his family intend to eventually make the
> Goodland property their homestead.
>
> He is an outstanding individual and a fabulous neighbor. He is ethical
> and an environmental conscious person. It has been brought to our
> attention that there are some individuals who would like to stop the
> process of him building a large home on his property. I understand he has
> all the proper permits and has the right to build the home his architect
> has drawn. Since I am the executor of my parents estate, I speak, not
> only for me, but for my siblings as well. We support Jim Inglis's intent
> to build.
>
> Thank you.
>
> Sincerely
>
> Alex & Bobbie Dusek, Bob & Rhonda Calvert, Connie Matlock and Jim and
> Beverly Boggs
> Bobbie Dusek
> John R. Wood Inc. REALTORS
> 6] 6 Fifth A ve. South
> Naples, Fl. 34] 02
> Direct: (239) 659-6132
> Fax: (239) 434-0141
> Visit my web page: www.realtordusek.com
>
> ******Confidentiality Statement******
>
1/22/2007
oh v..
Alex and bobby dusek Goodland Property
Page 20f2
> The information contained in this transmission may contain privileged and
> confidential information. It is intended only for the use of the person(s)
> named above. [fyou are not the intended recipient, you are hereby
> notified that any review, dissemination, distribution or duplication of
> this communication is strictly prohibited. If you are not the intended
> recipient, please contact the sender by reply e-mail and destroy all
> copies of the original message.
>
>
1 n ~
.t,," .~
I' (i ri
~ ,
* * * ** *Confidentiality Statement* *** * *
The information contained in this transmission may contain privileged and confidential information. It is intended only for
the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review,
dissemination, distribution or duplication of this communication is strictly prohibited. [fyou are not the intended recipient,
please contact the sender by reply e-mail and destroy all copies of the original message.
1/22/2007
.-. - ....h.._ _'._C_..._ .. .. ....~ ""'_""''''___ ....... ..._ "_._'
. -" '.. ..+_.._, -.- .... ....--- ..."............ '_no
1 (\\ ~
\) i
Date: / - 2 c:; ,- o./]
RE: Inglis property development, 502/504 East Coconut Drive, Go odland,
Florida 34140
Commissioners, Tom Henning; Commissioner Jim Coletta;
Commissioner Fred Coyle; Commissioner Frank Halas; Commissioner
Donna Fiala
I am a full time Florida residents and I own a single family home in
Goodland.
I understand that the Inglis family is constructing a home at 502/504 East
Coconut Drive, Goodland, FL 34140 for which a building permit has been
issued and construction has started.
We have no objections to the Inglis family project continuing and being
completed as previously approved and permitted.
Name 4H~6L '8024C0/~'
Signature ~ yg"2J<,,_J~
Address ~~/ ~- ~7 c) ;{.v-( ~
,~
po box 90 ~ J>2--t;
phone Z39~ 0~2----Q/'7/C
" .-''''....''..'-.-...---,-..,....-
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-......"_..h.~_..,.~_.
Date; / -...2. ~ - c:7 7
RE: Inglis property development, 502/504 East Coconut Drive, Goodland,
Florida 34140
Commissioners, Tom Henning; Commissioner Jim Coletta;
Commissioner Fred Coyle; Commissioner Frank Halas; Commissioner
Donna Fiala
I am a full time Florida residents and I own a single family home in
Goodland.
I nnderstand that the Inglis family is constructing a home at 502! 504 East
Coconut Drive, Goodland, FL 34 1 40 for which a building pennit has been
issued and construction has started.
We have no objections to the Inglis family project continuing and being
completed as previously approved and permitted.
Name
Signature
>'7i# ~ ~
Address
p C?V~a'
?}- 1 ~ /-- .'
-) '] Zf '3 0 t/I
'it
po box
phone
,....,~-'~._."'...--.....^'~'--._.~-'"_...,..."'---......__._-
Page 1 0[2
Clay C. Brooker
o;;~.1
if ,.r
if ;-
"if, t
From: Jim Inglis U.in9liS@hYdraulic-suPPly.comj
Sent: Sunday, January 21,20078:23 PM
To: Jim Inglis; hanksp; S.M. Spence; dOnnaingliS2001@myaccnet; debbie maddox
Cc: Clay C. Brooker
Subject: gotzy, seleges, good/and support
From: gotzy@comcast.net [mailto:gotzY@comcast.net]
Sent: Sunday, January 21, 2007 8:20 PM
To: Jim Inglis
Subject: RE:
I sent it to them
-------------- Original message ______________
From: "Jim Inglis" <j.inglis@hydraUlic-suPply.com>
Mark and Gayle - thank you, Jim
did you also send to commissioners?
if so great.
if not is okay if i forward to them?
Jim
home phone 954-341-3582
Hydraulic SUPply Co
300 International Parkway
Sunrise, FI 33325
800-432-6413 ex! 4101
direct 954-453-8101
fax 954-851-9919
cell 954-336-0862
j inglis@hYdraulic-suPPly.com
wwW.hYdraulic-suPPly.com
From: gotzy@comcast.net [mailto;gotzY@comcast.net]
Sent: Sunday, January 21, 20076:32 PM
To: Jim Inglis
Subject:
1/22/2007
-----,,'_._,.,.~
-",~----------
Page 2 of2
We are writing this letter in support of Jim Inglis and Martha Spence building their home on
Coconut Ave. in Goodland. We live in same Cul-De-Sac as they do and we have no problem
with them building a home, that has gotten a valid building permit and has met all zoning
requiremnts. Actually it
is a shame that they can be stopped after meeting all of the building and zoning codes.
10 l
Ii
Sincerely,
Mark & Gayle Godsey
503 E. Coconut
Goodland
1/22/2007
-..'-----------
\
1'4,~
:1
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the foUowing as a:
xxx Normal legal Advertisement
(Display Adv., location, etc.)
D Other:
**********************************************************************************************************
Originating Deptl Div: Comm.Dev.Serv./Comprehensive Planning Person: Marcia R. Kendall
Date 1/8/2007
Petition No. (If none, give brief description): CRA Advertisement
Petitioner: (Name & Address): N/A
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A
Hearing before XXX BCC
BZA
Other
Requested Hearing Date:
January 23. 2007
Based on advertisement appearing 10 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
D Legally Required
Proposed Text: (Include legal description & common location & Size: See Attached
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? D Yes D No If Yes, what account should be charged for advertising costs: 111-
138317-6491 000
Review
/ - ?- 07
Date
Approved by:
Department Duector
County Manager
Date
List Attachments: Advertisement Request and Map
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Bead approval before
submitting to County Manager. Note: H legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
D County Manager agenda me: to
Clerk's Office
D Requesting Division
D Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a copy for file.
****************************************************.******************************************************
FOR CLERK'S OFFICE US" '~r~(t.... Jj l /) I L.., l~ /'1
Date Received: ~ Date of Public hearing: \ !)...'? D""'" Date Advertised: ~ ..,...
January 9, 2007
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Attn: Leoals@Naplesnews.com
Advertising Requirements
Please publish the following Advertisement on Fridav. January 12. 2007 and furnish
proof of publication to the attention of Ms. Marcia Kendall, Comprehensive Planning
Department, 2800 N. Horseshoe Drive, Naples, FL 34104. The advertisement must be
placed in that portion of the newspaper where legal notices and classified
advertisements appear.
>--,="..,-,_.,.,._--_.._""....-...-.","'-~~._"-_..^ ..._''','''-~-'-_.._."._~ ...
14,a
l !
14A
Notice of Public Meeting
Collier County Community Redevelopment Agency,
Collier County, Florida
Tuesday, January 23, 2007
9:00 A.M.
Notice is hereby given that the Collier County Community Redevelopment Agency
(CRA) will meet in the Board of County Commissioners Chambers on the Third Floor of
the W. Harmon Turner Building (Building F) at the Collier County Government
Complex, 3301 E. Tamiami Trail, Naples, Florida, during the BCC regularly scheduled
meeting, to conduct the business of the Community Redevelopment Agency, which is to
satisfy the annual meeting requirement per F.S.163.356(3)(c) at the above stated time and
date.
Copies of the agenda for said meeting will be made available to the press and may be
obtained at the Public Information Office, located on the First Floor of the W. Harmon
Turner Building or at the Community Development & Environmental Services
Administration office at 2800 N. Horseshoe Drive.
Any person who decides to appeal a decision of this Agency will need a record of the
proceedings pertaining thereto, and therefore may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
COMMUNITY REDEVELOPMENT AGENCY,
COLLIER COUNTY, FLORIDA
, Chairperson
DWIGHT E. BROCK, CLERK
By: /sIPatricia Morgan
Deputy Clerk
14A
EXECUTfVESU~RY
Recommend the Board of County Commissioners (BCC) acting as the Collier
County Community Redevelopment Agency (CRA) direct staff of the
Bayshore/Gateway Triangle Redevelopment Area and the Immokalee
Redevelopment Area to prepare the annual report required by Florida Statute
163.356(3)(c) by March 31 of each calendar year, and to direct staff to modify
Resolution 2001-98, which requires the CRA to hold an annual meeting in January
of each year, to make the annual meeting requirement transpire in March of each
year, when the annual report is required.
OBJECTIVE:
The item seeks to satisfy the procedural requirement of the CRA bylaws which require an
annual meeting be held in January; ask the BCC, acting as the CRA, to provide staff
direction to prepare the annual report required by FS 163.356(3)(c) by March 31; and to
direct staff to modify the CRA Bylaws by requiring the annual meeting to be held in
March when the annual report is required, rather than the January annual meeting
requirement.
CONSIDERATION:
The Collier County Community Redevelopment Agency (CRA) was established pursuant
to Resolution 2000-83 adopted on March 14, 2000 by the BCC pursuant to Part III,
Chapter 163, Florida Statutes. The area of operation of the CRA consists of the
Immokalee Community Redevelopment Area and the Bayshore/Gateway Community
Redevelopment Area. The purpose of the CRA is to undertake and implement
improvements as provided for in Florida Statutes and the adopted redevelopment plans.
FS 163.356(3)( c) requires that on or before March 31 of each year, a report of the CRA
activities for the preceding fiscal year is filed with the Governing Body.
Furthermore, Resolution 2001-11 established the bylaws which govern the purpose and
requirements of the CRA. Within Resolution 2001-11, the CRA is required to hold an
annual meeting in January of each year. The resolution is absent of specifics on subject
matter of the required meeting, stating, "An Annual meeting of the CRA shall be held in
the month of January of each year, and on the date and at the time and place to be
determined by the Board, if other than a regular meeting."
The timing of the requirement for filling the annual report in March by the Florida Statute
163.356(3)(c) and the local requirement of the annual meeting in January by Resolution
2001-98 provides for an inefficiency within the process. It is staff's belief that these two
requirements should transpire within the same month, and in fact, at the same meeting in
the same month. The March filling date provides the opportunity for the Board to be
appraised of the past accomplishments and future endeavors of each redevelopment area,
and it is staff's belief that the annual report to the Board in March should also serve as the
required annual meeting, as prescribed by the local Resolution.
14A
FISCAL IMPACT:
The cost associated with the staff time to prepare the required annual reports will be
drawn from the Bayshore/Gateway Triangle Redevelopment Trust Fund (Fund 187), the
Immokalee Redevelopment Trust Fund (Fund 187) and the Comprehensive Planning
Departments (Fund 111). Source of funds are the individual Bayshore/Gateway and
Immokalee Municipal Service Taxing Units and Ad Valorem Taxes.
GROWTH MANAGEMENT IMPACT:
The actions requested within this executive summary have no direct impacts upon the
GMP, but will result in the continuation of the rehabilitation, conservation and/or
redevelopment within the Bayshore/Gateway and Immokalee Redevelopment Areas in
the interest of public health, safety, morals or welfare of the citizens of Collier County,
the very basis of the Growth Management Plan
RECOMMENDATION:
That the Board of County Commissioners (BCC) acting as the Collier County
Community Redevelopment Agency (CRA) (1.) satisfies the annual meeting requirement
expressed by the CRA bylaws (2.) direct staff of the Bayshore/Gateway Triangle
Redevelopment Area and the Immokalee Redevelopment Area to prepare the annual
report required by Florida Statute 163.356(3)(c) by March 31 of each calendar year and
(3.) to direct staff to modify Resolution 2001-98, which requires the CRA to hold an
annual meeting in January of each year, to make the annual meeting requirement
transpire in March of each year, when the annual report is required.
Prepared by: Mike Bosi, AICP, Community Planning and Redevelopment Manager,
Comprehensive Planning Department
14 A f f
January 9, 2007
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Attn: Leqals@Naplesnews.com
Advertising Requirements
Please publish the following Advertisement on Fridav. Januarv 12. 2007 and furnish
proof of publication to the attention of Ms. Marcia Kendall, Comprehensive Planning
Department, 2800 N. Horseshoe Drive, Naples, FL 34104. The advertisement must be
placed in that portion of the newspaper where legal notices and classified
advertisements appear.
,1 J~
~ .~
Notice of Public Meeting
Collier County Community Redevelopment Agency,
Collier County, Florida
Tuesday, January 23, 2007
9:00 A.M.
Notice is hereby given that the Collier County Community Redevelopment Agency
(CRA) will meet in the Board of County Commissioners Chambers on the Third Floor of
the W. Harmon Turner Building (Building F) at the Collier County Government
Complex, 3301 E. Tamiami Trail, Naples, Florida, during the BCC regularly scheduled
meeting, to conduct the business of the Community Redevelopment Agency, which is to
satisfy the annual meeting requirement per F.S.163.356(3)(c) at the above stated time and
date.
Copies ofthe agenda for said meeting will be made available to the press and may be
obtained at the Public Information Office, located on the First Floor of the W. Harmon
Turner Building or at the Community Development & Environmental Services
Administration office at 2800 N. Horseshoe Drive.
Any person who decides to appeal a decision of this Agency will need a record of the
proceedings pertaining thereto, and therefore may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
COMMUNITY REDEVELOPMENT AGENCY,
COLLIER COUNTY, FLORIDA
, Chairperson
DWIGHT E. BROCK, CLERK
By: Is/Patricia Morgan
Deputy Clerk
14A
January 8, 2007
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: NOTICE OF PUBLIC HEARING FOR THE BAYSHORE TRIANGLE
AND IMMOKALEE CRA
Dear Legals:
Please advertise the above referenced notice on Friday, January 12, 2007, and
kindly send the Affidavit of Publication, in triplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
P.O./ Account # 111-138317-649110-00000
Notice of Public Meeting
Collier County Community Redevelopment Agency,
Collier County, Florida
Tuesday, January 23, 2007
9:00 A.M.
Notice is hereby given that the Collier County Community Redevelopment Agency
(CRA) will meet in the Board of County Commissioners Chambers on the Third Floor of
the W. Harmon Turner Building (Building F) at the Collier County Government
Complex, 3301 E. Tamiami Trail, Naples, Florida, during the BCC regularly scheduled
meeting, to conduct the business of the Community Redevelopment Agency, which is to
satisfy the annual meeting requirement per F.S.163.356(3)(c) at the above stated time and
date.
Copies of the agenda for said meeting will be made available to the press and may be
obtained at the Public Information Office, located on the First Floor ofthe W. Harmon
Turner Building or at the Community Development & Environmental Services
Administration office at 2800 N. Horseshoe Drive.
Any person who decides to appeal a decision of this Agency will need a record of the
proceedings pertaining thereto, and therefore may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
COMMUNITY REDEVELOPMENT AGENCY,
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRPERSON
DWIGHT E. BROCK, CLERK
By: Teresa Dillard,
Deputy Clerk
14~
Teresa L. Dillard
To:
Subject:
legals@naplesnews.com
Notice of Public Hearing for the Bayshore Triangle & Immokalee CRA
Attachments:
NOTICE OF Bayshore CRA & Immokalee CRA.doc; Notice Ad - Bayshore-Triangle
Immokalee CRA.doc
Legals,
Please advertise the following on Friday, January 12, 2007. Any questions, please contact me.
Thank you
~
NOTICE OF Notice Ad -
,shore CRA & Immo 3ayshore-Triangle..
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Di Ilard@clerk.collier.fl.us)
1
q
k'
.JL
j~~
Teresa L. Dillard
From:
Sent:
To:
Subject:
ClerkPostmaster
Monday, January 08, 2007 10:26 AM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
ATT477023.txt; Notice of Public Hearing for the Bayshore Triangle & Immokalee CRA
[J~.
'--~:::;
-
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L::J
ATT477023.txt
(231 B)
Notice of Public
Hearing for t...
This is an automatically generated Delivery Status,Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Teresa L. Dillard
14A
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Monday, January 08, 2007 10:26 AM
Teresa L. Dillard
Delivered: Notice of Public Hearing for the Bayshore Triangle & Immokalee CRA
Attachments:
Notice of Public Hearing for the Bayshore Triangle & Immokalee CRA
B"
~<'. -,'.
....'-.:'.':.
Notice of Public
Hea ring for t...
<<Notice of Public Hearing for the Bayshore Triangle & Immokalee CRA>> Your
message
To: legals@naplesnews.com
Subject: Notice of Public Hearing for the Bayshore Triangle & Immokalee CRA
Sent: Mon, 8 Jan 2007 10:25:42 -0500
was delivered to the following recipient(s):
legals, NDN on Mon, 8 Jan 2007 10:25:49 -0500
Notice of Public Hearing for the Bayshore Triangle & Immokalee eRA
Page 1 of 1
1. lL. A
... ~ ><
'1 '.
Teresa L. Dillard
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Monday, January 08,2007 10:36 AM
To: Teresa L. Dillard
Subject: RE: Notice of Public Hearing for the Bayshore Triangle & Immokalee CRA
OK
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.fl.us]
Sent: Monday, January 08, 2007 10:26 AM
To: legals@naplesnews.com
Subject: Notice of Public Hearing for the Bayshore Triangle & lmmokalee eRA
Legals,
Please advertise the following on Friday, January 12, 2007. Any questions, please contact me.
Thank you
<<NOTICE OF Bayshore CRA & Immokalee CRA.doc>> <<Notice Ad - Bayshore-Triangle Immokalee
CRA.doc>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Di Ilard@clerk.collier.fl.us)
1/8/2007
Naples Daily News: Classifieds Results
Notice Of Meeting ... Notice of Public Meeting Collier" County Community Redevelopment Agency, Collier
County, Florida Tuesday, January 23, 2007 9:00 A.M. Notice is hereby given that the Collier County
Community Redevelopment Agency (CRA) will meet in the Board of County Cornmissioners Chambers on
the Third Floor of the W. Harmon Turner Building (Building F) at the Collier County Governrnent Complex,
3301 E. Tamiarni Trail, Naples, Florida, during the BeC regularly scheduled meeting, to conduct the
business of the Community Redevelopment Aqency, which is to satisfy the annual meeting requirement per
F.S.163.356(3)(c) at the above stated time and date. Copies of the aqenda for said meeting Will be made
available to the press and Illay be obtained at the Public Information Office, located on the Frrst Floor of the
W. Harmon Turner Building or at the Community Development & Environmental Services Administration
office at 2800 N, Horseshoe Drive. Any person who decides to appeal a decision of this Agency will need a
record of the proceedings pertaining thereto, and trlerefore may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based COfv1MUNITY REDEVELOPMENT ACENCY, COLUER COUNTY, FLORIOA DONNA FIALA, CHAIRPERSON
DWIGHT E. BROCK, CLERK By: Teresa Dillard, Deputy Clerk January 12 No. 1501824
Start Date: 01/12(2007 Stop Date: OJ/12j2007
of-
Page 1 of 1
14A
http://marketplace.naplesnews.comJmach2/nap/searchlSearchAds.action ?CatId=notices&C... 1/12/2007
NAPLES DAILY NEWS
Published Daily
Naples. FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared B. Lamb, ,:vho on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples. in Collier County,
Florida: distributed in Collier and Lee counties of Florida: that
the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time in the issue
on January, 12th
Affiant further says that the said Kaples Daily '\"ews is a newspaper
published at ~aples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuouslv published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida.
each day and has been entered as second class mail matter at the post
office in "<'aples, in said Collier County. Florida, f(lr a period of I
year next preceding the first publication oftbe attacbed copy of
advertisement; and afliant nlrther says that he has neither paid nor
promised any person, firm or corporation any discount. rebate,
commission or refund for the purpose ofsecurmg this advertisement t<lr
publication in the said newspapj;[
) l'
;(j,--
( Signature of affiant)
Sworn to and subscribed before me
This 12 of January. 2007
Cx~ CJJ1,\C(j CY~
(Signature of notary public)
14A
r.f.~lng
~lIIerCOUtlty .' to;iy~c:fment Agency,
TuesdaYL J!lnuary 23, 2007
l!:UO A.M.
. f ttlircolll8r CO\Inty' CQm-
mun~ ,.. '. ". ~. ( (CCIR", will meet In
the BOal'III1:If' mmlQloneI'S Chambers on
the ThIrd'''' . Harmon Turner 8ulldlng
(BullcUlIlI f) at the, r CO\IntyGovemment Com'
!)Iex. 3301. E. T . .ral. .t.. Naples" florida; during
the '1lQ~~uIY ~ log to conduct
the btislIWs, o"theCidtl,\ml Re<levelopment
Agency, WhIch Is to satIsfY uaI meeting reo
Qulrement per F.s'16U56(3)(c at the above stated
time "date.
Copies Of the IMndafor sakfmeetlng will be made
available to the P~" .~ be obtained at the
Public InfOtmatIoit 0ftlC:e; locatled 01\- the First FlClOI'
of the W. twmonTllI'ner 8uIIdlna' or.. at the Commu-
nity DeveIOPlml/lt.",. Envltorimiinfal servIces Admin-
Istration offtce at 2800 N. Horseshoe DrIve.
Any person. WhO. decides to appea.1 a decision of '
this ~!lIlCY' will need a record of the proceedings
pertlilnlng thereto. and therefore may' need to en-
$Ul:JtJlUf. V...QIn reGOrd.~,tM P"1ceedlnosLs
made. whICh rec;ord lnCl1,ldeS the ~e"tll!1ony and
evldllnce upon wtlldl the IIPileaIls to ~~.
COMMUNITY IlEDEV~T AGENCY.
COLLIER OOUNTY. FLvmvA '
DONNA 'IALAi,C"'~SON
DWIGHT E.1lAOCK. CI,ERI(
By: TenlsaDlllard,
Depu~Clllri<
Januarv, ,.' , '.
No 1!l/l11l24
:,~!r:V:'~~~;:., Chanel A McDonald
~'..<.:.'.:'rb. "~;~ MY COMMISSION # DD210203 EXPIRES
,;~..~,,:cl".; June 29 2007
i,(P ,i~$~ BONDED THRU TROY FAIN INSURANCE, INC
FEI 59-2578327
-AVG M a';a. Vru$''3a
Mid librsoL,Tamirla es
If231v7 !(0 A-2
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR 1 6 A 2
SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this z1.114 day of M4Q_cta, , 200" -, by Ave Maria
Development, LLLP, (hereinafter "Developer"), and the THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter "the Board").
RECITALS:
1. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of a subdivision to be known as Middlebrooke
Townhomes (Ave Maria Unit 13).
2. Chapter 4 and 10 of the Collier County Land Development Code requires the Developer
to post appropriate guarantees for the construction of the improvements required by said
subdivision regulations, said guarantees to be incorporated in a bonded agreement for the
construction of the required improvements.
NOW, THERFORE, in consideration of the foregoing premises and the mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: the paved roadways and sidewalks, drainage,
utilities and like facilities, the required improvements, to be constructed pursuant to the
specifications that have been approved by the Development Services Director within
eighteen (18) months from the date of approval of said subdivision plat.
2. Developer hereby tenders its subdivision performance security (attached hereto as
Exhibit A and by reference made a part hereof) in the amount of $1,482,667.68
which amount represents 10% of the total contract cost to complete construction plus
100% of the estimate cost to complete the required improvements as of the date of this
Agreement. The developer has also provided a surety bond as security to Ave Maria
Utility Company, LLLP (AMUC) for the potable water system, and sanitary sewer
system improvements.
3. In the event of default by the Developer or failure of the developer to complete such
improvements within the time required by the Land Development Code, Collier County,
may call upon the subdivision performance security to insure satisfactory completion of
the required improvements.
4. The required improvements shall not be considered complete until a statement of
substantial completion by the Developer's engineer along with the final project records
have been furnished to be reviewed and approved by the County Manager or his designee
for compliance with the Collier County Land Development Code.
1 6 A 2
5. The County Manager or his designee shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his
preliminary approval of the improvements; or b) notify the Developer in writing of his
refusal to approve the improvements, therewith specifying those conditions which the
Developer must fulfill in order to obtain the approval of the County Manager of the
required improvements. However, in no event shall the County Manager or his designee
refuse preliminary approval of the improvements if they are in fact constructed and
submitted for approval in accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one
(1) year after preliminary approval by the County Manager or his designee. After the
one (1) year maintenance period by the Developer has terminated, the Developer shall
petition the County Manager or his designee to inspect the required improvements. The
County Manager or his designee shall inspect the required improvements and, if found
to be still in compliance with the Collier County Land Development Code as reflected
by the final approval of the Board, the Board shall release the remaining 10% of the
subdivision performance security. The Developer's responsibility for maintenance of
the required improvements shall continue unless or until the Board accepts maintenance
responsibility for and by the County.
7. Six (6) months after the execution of this Agreement and once within every six (6)
months thereafter the Developer may request the County Manager or his designee to
reduce the dollar amount of the subdivision performance security on the basis of work
complete. Each request for a reduction in the dollar amount of the subdivision
performance security shall be accompanied by a statement of substantial completion by
the Developer's engineer together with the project records necessary for review by the
County Manager or his designee. The County Manager or his designee may grant the
request for a reduction in the amount of the subdivision performance security for the
improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or his designee may
call upon the subdivision performance security to secure satisfactory completion, repair
and maintenance of the required improvements. The Board shall have the right to
construct and maintain, or cause to be constructed or maintained, pursuant to public
advertisement and receipt and acceptance of bids, the improvements required herein.
The Developer, as principal under the subdivision performance security, shall be liable
to pay and to indemnify the Board, upon completion of such construction, the final total
cost to the Board thereof, including, but not limited to, engineering, legal and contingent
costs together with any damages, either direct or consequential, which the Board may
sustain on account of the failure of the Developer to fulfill all of the provisions of this
Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be binding
upon the Developer and respective successors and assigns of the Developer.
1 6 A2
IN WITNESS WHEREOF, the Developer and the Board have caused this Agreement to be
executed by their duly authorized representatives this n.TOday of Mph-[.ba , 200
SIGNED, SEALED AND DELIVERED IN AVE MARIA DEVELOPMENT, LLLP
THE PRESEN F: a Florida es:.il't cmpany
/a By:/dr
rint Name )31pltn_ 6-4/J (Paul J. M 4telli, as President of Barron Collier
Corpor. yin as Managing General Partner of Ave
Ge,JJ
Maria Development, LLLP)
Print Name P7
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
A, 4/
By: Y 4 By: 10° �/ �f//
Attest Jame•'oletta, Chairman
�l�y� �
signature on w
Approved as to form and legal sufficiency:
Jefi riJ t
Ass int County Attorney
Arco cw aci `R.e.e2cV2
-trot- mA
1613
•
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this 31`'T day of ,SANT.d , 2007 between MDG
LAKE TRAFFORD,LLC, a Florida Limited Liability Company,hereinafter referred
to as "Developer," and the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as the "Board."
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of a subdivision to be known as:
ARROWHEAD RESERVE AT LAKE TRAFFORD—BLOCK"C"
B. Chapters 4 and 10 of the Collier County Land Development Code requires the
Developer to post appropriate guarantees for the construction of the improvements
required by said subdivision regulations, said guarantees to be incorporated in a bonded
agreement for the construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth,Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: Site improvements including Sanitary Sewer,
Potable Water Main, Storm Drainage, Roadway, Street Lights within 36 months
from the date of approval said subdivision plat, said improvements hereinafter referred to
as the required improvements.
2. Developer herewith tenders its (LOC or Performance Bond) (attached hereto as
Exhibit "A" and by reference made a part hereon hereinafter the "Surety Bond", in
the amount of$583,849.21 which amount represents 10% of the total contract cost to
complete construction plus 100% of the estimated cost to complete the required
improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County,
may call upon the subdivision performance security to insure satisfactory completion of
the required improvements.
H:1200112001106\WMAT RECORDATION-BLOCK C1Constnaction 4 Msin ewrcs to Subdivision Improvements-REVISED 07011S don
16A3
4. The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records have
been furnished to be reviewed and approved by the County Manager or his designee for
compliance with the Collier County Land Development Code.
5. The County Manager or his designee shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his
preliminary approval of the improvements; or b) notify the Developer in writing of his
refusal to approve improvements, therewith specifying those conditions which the
Developer must fulfill in order to obtain the County Manager's approval of the
improvements. However, in no event shall the County Manager or his designee refuse
preliminary approval of the improvements if they are in fact constructed and submitted
for approval in accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one
year after preliminary approval by the County Manager or his designee. After the one
year maintenance period by the Developer has terminated, the Developer shall petition
the County Manager or his designee to inspect the required improvements. The County
Manager or his designee shall inspect the improvements and, if found to be still in
compliance with the Collier County Land Development Code as reflected by final
approval by the Board, the Board shall release the remaining 10% of the subdivision
performance security. The Developer's responsibility for maintenance of the required
improvements shall continue unless or until the Board accepts maintenance responsibility
for and by the County.
7. Six (6) months after the execution of this Agreement and once within every six (6)
months thereafter the Developer may request the County Manager or his designee to
reduce the dollar amount of the subdivision performance security on the basis of work
complete. Each request for a reduction in the dollar amount of the subdivision
performance security shall be accompanied by a statement of substantial completion by
the Developer's engineer together with the project records necessary for review by the
County Manager or his designee. The County Manager or his designee may grant the
request for a reduction in the amount of the subdivision performance security for the
improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or his designee may
call upon the subdivision performance security to secure satisfactory completion, repair
and maintenance of the required improvements. The Board shall have the right to
construct and maintain, or cause to be constructed or maintained, pursuant to public
advertisement and receipt and acceptance of bids, the improvements required herein. The
Developer, as principal under the subdivision performance security, shall be liable to pay
and to indemnify the Board, upon completion of such construction, the final total cost to
the Board thereof, including, but not limited to, engineering, legal and contingent costs,
H:2OOI120011061W11M.AT RECORDATION•BLOCK C1Ccoarixtrat R A(eieleeeeoe to SubJviefa IwprwuMeb.REVISED O1011S dor
16A3
together with any damages, either direct or consequential, which the Board may sustain
on account of the failure of the Developer to fulfill all of the provisions of this
Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be binding
upon the Developer and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to
be executed by their duly authorized representatives this 31$� day of 3Ati
2007.
SIGNED IN THE PRESENCE OF:
MDG LAKE'''RAFFORD,LLC.,
A Florida Limited Liability Company
BY:MDG CAPITAL CORPORATION
A Florida Corporation, as its Managing
;� Member
Signature: .N 2.- -
BY: _
Printed or TypedName ' '
�� :". �rD,�.i" : W [RKlohn,as its President
Signature:, 171,1,73,6
Printed or Typed Name PI,4gg_ 1 t-5OAJ
ATTEST: BOARD fFCO� 0
►
`' ` COLLIER C41,1r ,y/ ..
1
ti `r •111116a . .:44I®r/'-:i kr 'Q
Dwight Ealrocif,Deputy Clerk _ ,Chairman
A
A. •rove'.• form.and I sufficien :
I.
By: X.
By: ,
• iw44 N4i i r 4'"4 \a
Jeff E. ,!P t, isant County Attorney n
H:1200112001106\WPWLATRECORDATION-BWc CCor u omRMahwnre.fvSubdrvi.ionImprovwMrs-11HVISED07011ga6a
1613
ENGINEER'S OPINION OF COST TO COMPLETE ARROWHEAD BLOCK"C"
DATE: December 11,2006
SUBMITTED TO: PROPOSAL FOR: ARROWHEAD RESERVE TRACT"r
MDG CAPITAL CORPORATION
ATTN:MARK TOLSEN k.61
FAX:596-4399
jt iCil
Value Summary: l
SANITARY SEWER SYSTEM $298,374.00
POTABLE WATER MAIN $229,970.00
STORM DRAINAGE $243,406.00
ROADWAY $476,681.10
STREETLIGHTING $ 32,000.00
GRAND TOTAL $ 1,280,431.10
% LEFT TO
ARROWHEAD RESERVE TRACT"C" EST QTY UNIT PRICE AMOUNT COMPLETE COMPLETE
SANITARY SEWER SYSTEM
CONNECT TO EXISTING STUB 3 EA $2,450.00 $ 7,350.00 100.00% $0.00
MANHOLE(0-6) 9 EA $2,000.00 $ 18,000.00 67.00% $6,000.00
MANHOLE(6-8) 3 EA $2,350.00 $ 7,050.00 100.00% $0.00
MANHOLE(8-10) 3 EA $3,025.00 $ 9,075.00 100.00% $0.00
MANHOLE(10-12) 2 EA $3,350.00 $ 6,700.00 100.00% $0.00
8"SDR 26(0-6) 1,322 LF $28.50 $ 37,677.00 100.00% $0.00
8"SDR 26(6-8) 1,427 LF $33.00 $ 47,091.00 100.00% $0.00
8"SDR 26(8-10) 621 LF $45.00 $ 27,945.00 100.00% $0.00
8"SDR 26(10-12) 598 LF $53.00 $ 31,694.00 100.00% $0.00
8"SDR 26(12-14) 212 LF $67.00 $ 14,204.00 100.00% $0.00
8"SDR 26(14-16) 95 LF $90.00 $ 8,550.00 100.00% $0.00
8"SDR 26(16-18) 36 LF $105.50 $ 3,798.00 100.00% $0.00
6"SDR 26 LATERAL 2835 LF $14.00 $ 39,690.00 100.00% $0.00
6"SINGLE CLEANOUT 34 LF $300.00 $ 10,200.00 100.00% $0.00
6"DOUBLE CLEANOUT 58 LF $350.00 $ 20,300.00 100.00% $0.00
TV SEWER MAIN(one Time) 1 LS $9,050.00 $ 9,050.00 0.00% $9,050.00
TOTAL SANITARY SEWER SYSTEM $ 298,374.00
POTABLE WATER MAIN
CONNECT TO EXISTING WM 3 EA $ 2,450.00 $ 7,350.00 33.00% $4,900.00
8"C900 DR 18 4660 LF $ 22.00 $ 102,520.00 100.00% $0.00
8"C900 DR 14 70 LF $ 25.00 $ 1,750.00 100.00% $0.00
8"MJ GATE VALVE 8 EA $ 725.00 $ 5,800.00 100.00% $0.00
FIRE HYDRANT ASSEMBLY 10 EA $ 3,375.00 $ 33,750.00 100.00% $0.00
AIR RELEASE VALVE ASSEM. 6 EA $ 1,350.00 $ 8,100.00 0.00% $8,100.00
PERM.BACTI SAMPLE PT. 4 EA $ 1,125.00 $ 4,500.00 0.00% $4,500.00
1"SINGLE WATER SERVICE 32 EA $ 400.00 $ 12,800.00 100.00% $0.00
1 1/2"DBL.WATER SERVICE 59 EA $ 700.00 $ 41,300.00 100.00% $0.00
FITTINGS W/JOINT RESTRAINT 1 LS $ 10,975.00 $ 10,975.00 100.00% $0.00
TEMP.BACTI SAMPLE PT. 5 EA $ 225.00 $ 1,125.00 0.00% $1,125.00
TOTAL POTABLE WATER MAIN $ 229,970.00
. .
.. ,. •,
1 6 A 3
., .
. 0,0 LEFT TO
ARROWHEAD RESERVE TRACT"C" EST QTY UNIT PRICE AMOUNT COMPLETE COMPLETE
STORM DRAINAGE
RELOCATE WCS#7 1 LS $ 4,525.00 $ 4,525.00 100.00% $0.00
15"FRCP 162 LF $ 39.00 $ 6,318.00 100.00% $0.00
18"FRCP 621 LF $ 45.00 $ 27,945.00 100.00% $0.00
24"FRCP 659 LF $ 59.00 $ 38,881.00 100.00% $0.00
36"FRCP 588 LF $ 99.00 $ 58,212.00 100.00% $0.00
12"ADS PIPE 1125 LF $ 24.00 $ 27,000.00 100.00% $0.00
18"FLARED END SECTION 3 EA $ 2,225.00 $ 6,675.00 100.00% $0.00
24"FLARED END SECTION 3 EA $ 2,575.00 $ 7,725.00 100.00% $0.00
36"FLARED END SECTION 2 EA $ 3,775.00 $ 7,550.00 100.00% $0.00
VALLEY GUTTER INLET 14 EA $ 2,775.00 $ 38,850.00 100.00% $0.00
TYPE"D"INLET 2 EA $ 2,250.00 $ 4,500.00 100.00% $0.00
TYPE"B"INLET 1 EA $ 2,825.00 $ 2,825.00 100.00% $0.00
CONFLICT BOX 2 EA $ 4,275.00 $ 8,550.00 100.00% $0.00
ADS YARD DRAIN 7 EA $ 550.00 $ 3,850.00 100.00% $0.00
TOTAL STORM DRAINAGE $ 243,406.00 0
ROADWAY
MOBILIZATION 1 LS $ 3,550.00 $ 3,550.00 0.00% $3,550.00
12"STABILIZED SUBGRADE 11962 SY $ 4.60 $ 55,025.20 0.00% $55,025.20
6"LIMEROCK BASE 11962 SY $ 10.20 $ 122,012.40 51.00% $60,212.40
1 1/2"ASPHALT 11962 SY $ 9.50 $ 113,639.00 0.00% $113,639.00
2'VALLEY GUTTER 9150 SF $ 11.31 $ 103,486.50 0.00% $103,487.50
TYPE"A"CURB 312 LF $ 14.00 $ 4,368.00 0.00% $4,368.00
STRIPES/SIGNAGE 1 LS $ 4,600.00 $ 4,600.00 0.00% $4,600.00
FINAL GRADE R.O.W. 1 LS $ 15,000.00 $ 15,000.00 0.00% $15,000.00
STRIPE,REGRADE&BAL.LOTS 1 LS $ 55,000.00 $ 55,000.00 45.00% $30,250.00
TOTAL ROADWAY $ 476,681.10 $423,806.10
STREET LIGHTS
STREET LIGHTS 16 EA $2,000.00 $32,000.00 0.00% $32,000.00
SUBTOTAL $455,807.10
PLUS 10%OF TOTAL CONSTRUCTION $128,043.11
TOTAL: $583,849.21
16B 1
ITEM NO.:
DATE RECEIVED:
FILE NO.:
ROUTED TO: al/-PR.e 00 ~ 33
DO NOT WRITE ABOVE TillS LINE
REQUEST FOR LEGAL SERVICES
Date:
February 7, 2007
To: Robert Zachary
Assistant County Attorney
From: ~~renda Brilhart
~urchasing Agent
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Re: Contract #07-4090 "Immokalee Road (C.R. 846) Intersection
Improvements at Sanctuary Road"
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Contractor: Better Roads, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on January 9, 2007
Agenda Item: l6.B.l
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
(). I /1"A/J-n~-1 ~ oK---1/!J
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Memorandum
DATE:
February 7, 2007
TO: Wayne Fiyalko, Senior Analyst
Risk Management Department
FROM~lrenda Brilhart, Purchasing Agent
..~~/ Purchasing Department
RE:
Review ofInsurance for: BID #07-4090 "Immokalee Road (C.R. 846)
Intersection Improvements at Sanctuary Road"
Contractor: Better Roads, Inc.
This Contract was approved by the BCC on January 9, 2007 Agenda 16.8. I
Please review the Insurance Certificate and Payment and Performance Bonds in this
Agreement for the referenced Contract. If everything is acceptable, please forward to the
County Attorney for further review and approval. I would appreciate it if you would
advise me when it has been forwarded.
If you have any questions, please contact me at 239/774-8446.
cc: Julio Ordonez, TECM
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16
Immokalee Road (C.R. 846) Intersection Improvements at Sanctuary Road
COLLIER COUNTY BID NO. 07-4090
COLLIER COUNTY, FLORIDA
Design Professional:
Collier County TECM Department
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
TPA#1953633.11
1
t
1681
TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by TECM
and identified as follows: Immokalee Road (C.R. 846) Intersection
Improvements at Sanctuary Road
as shown on Plan Sheets 1 through 31.
EXHIBIT N: Contractor's List of Key Personnel
EXHIBIT 0: Stored Materials Records
1681
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
Immokalee Road (C.R. 846) Intersection Improvements at Sanctuary Road
COUNTY BID NO. 07-4090
Separate sealed bids for the construction of Intersection Improvements on Immokalee
Road at Sanctuary Road, addressed to Mr. Steve Carnell, Purchasing Director, will be
received at the Collier County Government Complex, 3301 Tamiami Trail East,
Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M.
LOCAL TIME, on the 6th day of December 2006, at which time all bids will be publicly
opened and read aloud. Any bids received after the time and date specified will not be
accepted and shall be returned unopened to the Bidder.
A non-mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 20th
day of November 2006, at which time all prospective Bidders may have questions
answered regarding the Bidding Documents for this Project.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Immokalee Road (C.R. 846) Intersection Improvements
at Sanctuary Road, Bid No. 07-4090 and Bid Date of December 6,2006. No bid shall
be considered unless it is made on an unaltered Bid form which is included in the
Bidding Documents. The Bid Schedule (GC-P-1 through GC-P-12) shall be removed
from the Bidding Documents prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined at the
Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida
34112.
Copies of the Bidding Documents may be obtained only at the offices of the Purchasing
Department, upon payment of $35.00 for each set of documents to offset the cost of
reproduction. Return of the documents is not required, and the amount paid for the
documents is nonrefundable.
The following plan room services may have obtained copies of the Bidding Documents
for the work contemplated herein:
McGraw-Hili Construction Dodge
2830 Winkler Avenue. Suite 104A
Ft. Myers, FL 33916
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
TPA#1953633.11
GC-PN-1
16B1 1
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within one
hundred and five (105) calendar days from and after the Commencement Date
specified in the Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 6th day of November 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ STEVE CARNELL
Steve Carnell, CP.M.
Purchasing & General Services Director
TPA#195363311
GC-PN-2
1681
PART B . INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of hislher duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-12 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
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location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit Reauirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit'} The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. RiQht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
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Section S. Si~:mina of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the LegBI Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
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opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement
Section 10. Material Requirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
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Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work, Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Award of Contract shall be issued to the lowest, responsive and qualified
Bidder determined on the basis of the entire Bid and the Owner's investigations of the
Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall
consider the capability of the Bidder to perform the contract in a timely and responsible
manner. When the contract is awarded by Owner, such award shall be evidenced by a
written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing
Department or his or her designee and delivered to the intended awardee or mailed to
awardee at the business address shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be made by the Board of
County Commissioners in public session. Any actual or prospective bidder who desires
to formally protest the recommended contract award must file a notice of intent to
protest with the Purchasing Director within two (2) calendar days (excluding weekends
and holidays) of the date that the recommended award is posted. Upon filing of said
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at the offices of the Purchasing Director.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
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Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicableto this Work through an internal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de~certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
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subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
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";\ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 774-8446
FAX (239) 530-6697
16dl
ADDENDUM
DATE:
November 29, 2006
TO: Interested Bidders
FROM@renda Brilhart, Purchasing Agent
SUBJECT: Addendum #1: 07-4090 - Immokalee Road (C.R. 846) Intersection
Improvements at Sanctuary Road
Addendum # 1 covers the following change for the above-referenced Bid:
- REPLACE:
Bid Schedule Page GC-P-2a.
ADD/CLARIFY:
1) The Contractor is allowed to temporarily change the speed limit from 55 MPH to 45
MPH. The proper signage for the speed reduction should be included in the MOT plans
to be prepared prior to the start of construction.
2) The Contractor is allowed to perform night work operations for the construction of the
underground storm sewer pipes, if needed.
3) The Contractor is allowed to provide uniformed traffic control officers, including marked
law enforcement vehicles, during the construction phase of the project. These services
should be utilized to assist in controlling and directing traffic in the work zone only,
especially during night work operations if the Contractor chooses to do so. A pay item
for this work should be included in its bid as: Pay Item 102-14 - Traffic Control Officer,
24 man hours.
4) The Contractor is allowed to provide uniformed traffic control officers, including marked
law enforcement vehicles, during the construction phase of the project. These services
should be utilized to assist in controlling speeds, directing traffic and enforcing traffic
laws throughout the construction area. A pay item for this work should be included in its
bid as: Pay Item 999-102 - Speed and Law Enforcement Officer, 40 man hours.
If you require additional information please call Julio Ordonez, P.E., Project Manager, TECM
at 239/659-5762 or me at 239/774-8446 or bye-mail atbrendabrilhart@colliergov.net.
cc: Julio Ordonez, PE, Transportation
IMMOKALEE ROAD (C.R. 846)
INTERSECTION IMPROVEMENTS AT SANCTUARY ROAD
COLLIER COUNTY PROJECT No. 66065
BID # 07-4090 SCHEDULE
lD~ND~ #1
,1 L
,<-",;. 1:-.,) II<iQo
ITEM No. DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
101-1 MOBILIZATION LS 1
102-1 MAINTENANCE OF TRAFFIC LS 1
102-14 TRAFFIC CONTROL OFFICER HR 24
102-76 ADV. WARN. ARROW PANELS 12 SIGNS. 60 DAYS EA.\ ED 120
102-99 VARIABLE MESSAGE SIGN'2 SIGNS, 60 DAYS EA.) ED 120
104-11 TURBIDITY BARRIER FLOATING LF 400
104-13 STAKED SILT FENCE LF 4,400
110-1-1 STANDARD CLEARING & GRUBBING LS 1
120-1 EXCAVATION CY 582
120-6 EMBANKMENT CY 2,572
121-70 FLOWABLE FILL CY 300
285-7 ASPH. CONC. BASE TYPE 3 IABC.3, 9" THICK\ SY 2,251
327-70-1 MILLING EXIST. ASPHALT PAVEMENT fl'" SY 4,646
331-2 ASPH. CONC. TYPE S l1" AVE. THICKYRES. & OVER.) rN 322
331-72-10 ASPHALTIC CONC. TYPE S.III 11" THICK\ SY 2,251
331-72-20 ASPHALTIC CONC. TYPE $-1 (2" THICkI SY 2,251
339-1 MISCELLANEOUS ASPHALT PAVEMENT (2") TN 56
400-1-2 CLASS I CONe. IENDWALLS\ CY 27.1
425-2-741 MANHOLE TYPE J-8 EA 2
430.172.138 CONCRETE PIPE CULVERT 136", CD\ LF 32
430.172.140 CONCRETE PIPE CULVERT 142", cm LF 212
43Q..174.129 CONCRETE PIPE CULVERT (24", SO' LF 144
430.984-229 MITERED END SECTION 124", SO' EA 3
530.1 RIPRAP'SAND.CEMENT> CY 13
536-1-1 GUARDRAIL IROADWAYI LF 1,456
536-2 GUARDRAIL SHOP-BENT PANEL LF 144
536.85.24 GUARDRAIL END ANCH. ASSEMB. (TYPE ET-2000 LEn EA 4
536-85.26 GUARDRAIL END ANCH. ASSEMBLY (TYPE CRn EA 2
575-1-1 SODDING IBAHIA\ SY 11,339
700-48.18 SIGN PANEL EA 3
700-46-21 RELOCATE EXIST. SIGN, SINGLE POST AS 9
706.3 REFLECTIVE PAVEMENT MARKERS EA 525
711~4 DIRECTIONAL ARROWS, THERMOPLASTIC EA 11
711.5-2 GUIDE LINES, THERMOPLASTIC (2'-4' YELLOW' LF 370
711.35.61 TRAFFIC STRIPE, SOLID, THERMO. (6" WHITE) LF 1,667
711-35-81 TRAFFIC STRIPE, SOLID, THERMO. f8" WHITE\ LF 3,305
711-35-181 TRAFFIC STRIPE, SOLID, THERMO. (18" WHITE) LF 560
711-35-241 TRAFFIC STRIPE, SOLID, THERMO. (24" WHITE) LF 20
711-36-61 TRAFFIC STRIPE, SOLID, THERMO. (6" YELLOW\ LF 7,184
711-36-181 TRAFFIC STRIPE, SOLID, THERMO. 118" YELLO\M LF 240
999.102 SPEED & LAW ENFORCEMENT OFFfCER HR 40
TOTAL BASE BID
GC-P-2
16 ',) 1
,:.1
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Immokalee Road (C.R. 846) Inte....section Improvements at Sanctuary Road
BID NO. 07-4090
Full Name of Bidder Better Roads Inc.
Main Business Address
1910 Seward Ave., Naples, FL 34109
Place of Business 1910 Seward Ave., Naples, FL 34109
Telephone No.' 239-597-2181
State Contractor's License # CU-C056737
Fax No. 239-597-1597
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications, including Addenda issued.
thereto and acknowledges receipt below:
Addendum
Number
One (1)
Date Issued
November 29, 2006
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your
bid pages.
TPA#1953633.11
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ADDENDUM #1
IMMOKALEE ROAD (C.R. 846)
INTERSECTION IMPROVEMENTS AT SANCTUARY ROAD
COLLIER COUNTY PROJECT No. 66065
BID # 07.4090 SCHEDULE
1
'11
u
ITEM No. DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
101-1 MOBILIZATION LS 1 $86,800.00 $86,800.00
102-1 MAINTENANCE OF TRAFFIC LS 1 $30,200.00 $30,200.00
102-14 TRAFFIC CONTROL OFFICER HR 2. $59.00 $1,416.00
102-76 ADV. WARN. ARROW PANELS (2 SIGNS, 60 DAYS EA.) ED 120 $11.25 $1,350.00
102-99 VARIABLE MESSAGE SIGN (2 SIGNS, 60 DAYS EA.) ED 120 $26.00 $3,120.00
104-11 TURBIDITY BARRIER FLOATING LF 400 $7.50 $3,000.00
104-13 STAKED SILT FENCE LF 4,400 $1.10 $4,840.00
110-1-1 STANDARD CLEARING & GRUBBING LS 1 $24,850.00 $24,850.00
120~1 EXCAVATION CY 5B2 $54.00 $31,428.00
120-6 EMBANKMENr CY 2,572 $40.50 $104,166.00
121-70 FLOWABLE FILL CY 300 $198.00 $59,400.00
285-7 ASPH. CONC. BASE TYPE 3 (ABC-3 9" THICI() SY 2,251 $58.60 $131,908.60
327-70-1 MilLING EXIST. ASPHALT PAVEMENT (1") SY 4,646 $4.35 $20,210.10
331-2 ASPH. CONC. TYPE S (1" AVE. THICK.HRES. & OVER.) TN 322 $119.00 $38,318.00
331-72-10 ASPHALTIC CONc. TYPE S-l1I (1" THICI() SY 2,251 $7.50 $16,882.50
331-72-20 ASPHALTIC CONC. TYPE s-I (2" THICI() SY 2,251 $14.60 $32,864.60
339-1 MISCELLANEOUS ASPHALT PAVEMENT (2'''\ TN 56 $175.00 $9,800.00
400-1~2 CLASS I CONC. (ENDWALLS) CY 27.1 $1,017.00 $27,560.70
425-2-741 MANHOLE TYPE J-8 EA 2 $6,955.00 $13,910.00
430-172-138 CONCRETE PIPE CULVERT (36", CD\ LF 32 $160.50 $5,136.00
430-172.140 CONCRETE PIPE CULVERr (42", CO) LF 212 $321.00 $68,052.00
430-174-129 CONCRETE PIPE CULVERT (24", sm LF 144 $80.25 $11,556.00
430-984-229 MITERED END SECTION (24", sm EA 3 $3,745.00 $11,235.00
530-1 RIPRAP (SAND-CEMENT\ CY 13 $374.50 $4,868.50
536-1-1 GUARDRAIL (ROADWAY) LF 1,456 $18.50 $26,936.00
536-2 GUARDRAIL SHOP-BENT PANEL LF 144 $20.60 $2,966.40
536-85-24 GUARDRAIL END ANCH. ASSEMB. (TYPE ET.2000 LEn EA 4 $2,461.00 $9,844.00
536-85-26 GUARDRAIL END ANCH. ASSEMBLY (TYPE CRT) EA 2 $1,712.00 $3,424.00
575-1-1 SODDING (BAHIA) SY 11,339 $2.00 $22,678.00
700-48~18 SIGN PANEL EA 3 $139.10 $417.30
700-46-21 RELOCATE EXIST. SIGN, SINGLE POST AS 9 $91.00 $819.00
706-3 REFLECTIVE PAVEMENT MARKERS EA 525 $4.55 $2,388.75
711-4 DIRECTIONAL ARROWS THERMOPLASTIC EA 11 $59.00 $649.00
711-5-2 GUIDE LINES, THERMOPLASTIC (2'.4' YELLOW) LF 370 $0.80 $296.00
711-35-61 TRAFFIC STRIPE, SOLlD, THERMO. (6" WHITE) LF 1,667 $0.45 $750.15
711-35-81 TRAFFIC STRIPE, SOLID, THERMO. (8" WHITE) LF 3,305 $1.00 $3,305.00
711-35-181 TRAFFIC STRIPE, SOLID, THERMO. I1B" WHITE) LF 560 $2.B5 $1,596.00
711.35~241 TRAFFIC STRIPE, SOLID, THERMO. (24" WHITE) LF 20 $4.30 $86.00
711-36-61 TRAFFIC STRIPE, SOLID THERMO. (6" YELLOW) LF 7,184 $0.65 $4,669.60
711-36-181 TRAFFIC STRIPE, SOLlD, THERMO. (18" YELLOw) LF 240 $2.95 $708.00
999.102 SPEED & LA W ENFORCEMENT OFFICER HR 40 $58.00 $2320.00
TOTAL BASE BID .t826725.20
"
GC-P-2
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MATERIAL MANUFACTURERS
The Bidder is required to state below, material manufacturers it proposes to utilize on
this project. No change will be allowed after submittal of Bid. If substitute material
proposed and listed below is not approved by Engineer, Bidder shall furnish the
manufacturer named in the specification. Acceptance of this Bid does not constitute
acceptance of malerial proposed on this list. THIS LIST MUST BE COMPLETED OR
BID WILL BE DEEMED NON-RESPONSIVE.
MATERIAL
MANUFACTURER
1.
Concrete Pipe
Haskins, Iue..
2.
Asphalt
Better Roads Inc.
3.
4.
5.
Dated December 6, 2006
Better Roads Inc.
Bidder
BY:
Joseph H. Restino, Vice President
TPA#1953633.11
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LIST OF SUBCONTRACTORS
The undersigned states that the following is a full and complete list of the proposed
Subcontractors it intends to use on this Project with respect to the categories of work
identified below, and that such list will not be added to nor altered without the prior
written consent of the Project Manager. The undersigned further acknowledges its
responsibility for ensuring that the Subcontractors listed herein are "qualified" (as
defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but
not limited to proper licenses, certifications, registrations and insurance coverage. The
Owner reserves the right to disqualify any Bidder who includes non-compliant or non-
qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is
found to be non-compliant with this requirement either before or after the issuance of
the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE
DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the
undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder
shall identify all Subcontractors it intends to use on the Project. The undersigned
further agrees that all Subcontractors subsequently identified for any portion of work on
this Project must be qualified as noted above.
Cateqorv of Work
Subcontractor and Address
1.
Guardrail
Alford Construction
P.O. Box 15757, Tampa, FL 33684
2.
Sodding
GeE Services, Inc.
P.O. Box 150052, Cape Coral, FL 33914
3.
Striping/Signs
Baskins, Iue.
10956 Enterprise Ave.
Bonita Sprin~s, FL 34135
Kate's Enviro Fencing
j4j) Qua1L Dr1ve
Bonita Sprin~s, FL 34135
Traffic Control Products
8031 Mainline Parkway
Ft. Myers, FL 33916
Concrete
4.
Erosion Control
5.
Better Roads Inc.
Bidder
Dated
December 6, 2006
Vice President
TPA#1953633.11
GC-P-4
16 B 1
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Proiect and Location
Reference
1,
Golden Gate Parkway
b-Laning
Collier County P.W.E.D.
239-/74-8494
2.
Livingston Rd. Ph 1
Radio Rd. to GG Parkway
Same
3.
Livingston Rd. Ph 2
GG Parkway to Pine Ridge Rd.
Same
4.
Livingston Rd. Ph 3 Same
Pine Ridge Rd. to Immokalee Rd.
5.
Airport Rd. 6 Laning
GG Parkway to Radio Rd.
Same
6.
Airport Rd. 6 Laning
Cougar Dr. to GG Parkway
Same
Dated December 6. 2006
Better Roads Inc.
Bidder
BY:
President
TPA#1953633~11
GC-P-5
1681
TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be surnmarized
below:
Trench Safety
Measure
(Description)
Units of
Measure
(LF,SY)
Unit
(Quantity)
Unit
Cost
Extended
Cost
1.
Simple Slope
212
$5.00
LF
$1.060.00
2.
3.
4.
5.
TOTAL
$ 1.060.00
Failure to complete the above may result in the Bid being declared non-responsive.
Dated December 6. 2006
Better Roads Inc.
Bidder
BY:
oseph M. Restino. Vice President
TPA#1953633.11
GC-P-6
1 ~ 1 ~#;j
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Docurnents within ten (10) calendar days and
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within ninety (90) consecutive
calendar days, computed by excluding the cornmencement date and including the last
day of such period, and to be fully completed to the point of final acceptance by the
Owner within fifteen (15) consecutive calendar days after Substantial Completion,
computed by excluding commencement date and including the last day of such period.
Respectfully Submitted:
State of Florida
County of Collier
Joseph M. Restino, Vice President , being first duly sworn on
oath deposes and says that the Bidder on the above Bid is organized as indicated and
that all statements herein made are made on behalf of such Bidder and that this
deponent is authorized to make them.
Joseph M. Restino, Vice President , also deposes and says
that it has examined and carefully prepared its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid; that the statements contained herein are true and correct.
TPA#1953633.11
GC-P-7
16B1
(a) Corporation
The Bidder is a corporation organized and existing
Florida which operates under
Better Roads Inc.
officers are as follows:
under the laws of the State of
the legal name of
, and the full names of its
President
Joe L. Turner
Secretary
Joan E. Johnson
Treasurer
Daniel J. Kelly
V.P.I Manager
Drew Clark/Jospeh M. Restino
The Vice President is authorized to sign construction bids
and contracts for the company by action of its Board of Directors taken
June 1, 2000 , a certified copy of which is hereto attached (strike
out this last sentence if not applicable).
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is
and if operating under a trade name, said trade name is
DATED December 6, 2006
Florida Corporation
legal entity
TPA#1953633.11
GC-P-8
1 r:... '. o. I >
<. ." .,~
----
CERTIFICA nON OF THE SPEClA.L MEETI.','C OF THE DfRECTORS
HELD ON THE 1ST DAY OF .rUNE, 2000
I hereby certify that the Directors of BETTER ROADS I;'-iC, a Florida Corporation (the
"Corporation"), pursuant to the Articles of Incorporation and the by-laws of said Corporation,
approved of the following Resolution:
Be it resolved that, J~ L Turner, President, Joseph M. Restino, Vice President, John A. Clark,
Vice President; be authorized to sign construction Proposals and contracts by action of its Board
of Directors taken June 1,2000 on behalf of BEllER ROAnS me
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BETTE~ 'ftlhDS INC., a Florida
Corporation
~ G::=>
,
\ Joseoh 0 Bonness, III
By
Set re tary
I"" !'
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BY:
Joseph M. Restino
Name of Bidder (Typed)
Witness
Vice President
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Title
STATE OF Florida
COUNTY OF Collier
The foregoi.!!9 instrument wa acknowledged before me this ': day of jecAvt~
2006, byvt'5 Ii /J1. E'S>7t"AJO ,as /eE ~u6/),G,yT
of AZ,5> L. . ,a ;::L/)--e./6~ corporation, on
behalf of the corporation. j;:le/she IS personallv known to me or has produced
as identification
and did (did not) take an oath.
DONNA DiMARE
Notary Public, State of Fiorida NAME:
My camm. expo Oct. 5, 2007
Camm, No. DO 255504
~ffi~
(Signature of Not~ry)
p tJ tJ /J 4 Il, ';t1/7teE
(Legibly Printed)
My Commission Expires: /tJ -" -0 'l
(AFFIX OFFICIAL SEAL)
Notary Public, Statl(! of ~/!-/)I/T
Commission No.: f))) ;;(~SS-t/~
,
TPA#1953633.11
GC-P-9
1.611'4.
BID BOND
',J-
KNOW ALL MEN BY THESE PRESENTS, that we Better Roads rnc.
(herein after called the Principal) and
Fidelity and Deposit Company of Maryland ,
(herein called the Surety), a corporation chartered and existing under the laws of the
State of Maryland with its principal offices in the city of Schaumburg 11
and authorized to do business in the State of Florida are held and
firmly bound unto the Board of County Commissioners of Collier County FL
(hereinafter called the Owner), in the full and just sum of
Five Percent of AMount Bid dollars ($ 5% of Amt Bd )
good and lawful money of the United States of America, to be paid upon demand of the
Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for
furnishing all labor, materials, equipment and incidentals necessary to furnish, install,
and fully complete the Work on the Project known as
Immokalee Road (C.R. 846) Intersection Improvements at Sanctuary Road
Bid No. 07-4090
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days
after the date of a written Notice of Award in accordance with the terms of such Bid, and
give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract Documents with good and sufficient surety for the
faithful performf1nce of the Agreement and for the prompt payment of labor, materials and
supplies furnished in the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to
Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $ 5% of Amt Bd noted above as liquidated damages, and not as a
penalty, as provided in the BIdding Documents, then this obligation shall be null and void,
othelWise to remain in full force and effect.
TPA#19S3633."
GC-P-10
1
J.
1
I~
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant
Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By-Laws of said ~y, which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d (J l~ereby nominate,
constitute and appoint Richard P. RUSSO, JR., Tanya L. RUSSO, Hir , I F. PRIOLO, Peter
o
A. THOMSON and Eileen C. HEARD, all of Tampa, Flor' an Attorney-in-Fact, to
make, execute, seal and deliver, for, and on its beha 0 ~'ts ~\. and all bonds and
undertakings, and the exeCU110~Of sue ~j\fr@se presents, shall be as binding upon said
Company, as fully an~ampl t i{'j t een duly executed and acknowledged by the
regularly elected of ~i~~ 0 . ore, Md., in their own proper persons. This power of attorney
revokes that issued of~'\3-utSS ,JR., Tanya L. RUSSO, Hiram P. HAMPTON, II, Peter F. PRIOLO,
Peter A. THOMSON~~~, dated June 3,2003.
The said Assistant se&~ does hereby certiJY that the extract set forth on the reverse side hereof is a true copy of Article Vl,
Section 2, of the By-Laws of said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 2nd day of June, A.D.
2006.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Gerald F. Haley
By:
Assistant Secretary William J Mills
~
IAfd
u-?
Vice President
State of Maryland } 88:
City of Baltimore
On this 2nd day of June, AD. 2006, before the subscriber, a Notary Public of the State of Maryland, duly connnissioned
and qualified, came WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers descnbed in and
who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duJy sworn,
severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal
affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
~,\'_'~J.t~:~JI';/1'.
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Maria D. Adamski Notary Public
My Conunission Expires: July 8, 2007
POA-F 031-3055
'i (
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EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
'j
, __I
J 1"1
"Article VI, Section 2. The Chainnan of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature ofmortgages,...and to affix the seal ofthe Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the lOth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affIxed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this
0'
day of
00 r,,~_'---
~
~+<!1Md
Assistant Secretary
1.'
"
#"
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IN.TESTIMONY Ther~of, the Principal and Surety have caused thes,;\\P,r.IWil~/~ts to
be duly signed and sealed this 6th day of December , 2~~~f~~'R.~~~
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Better Roads Inc.
BY
Countersigned
Vice President
Com an of Mar land
~c'- _ C cJJ.f ~~
Eileen C. Heard, AttorneY-1n-fact and
N/A Florida Resident Agent
(Seal)
Local Resident Producing Agent for Fidelity and Deposit Company of Maryland
1
)
TPA#1 953633.11
GC-P-11
1
:,
16 1
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
8. Any addenda have been signed and included.
9. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
11. The mailing envelope must be sealed and marked with:
<:>Bid Number;
<:>project Name;
<:>Opening Date.
12. The Bid will be mailed or delivered in time to be received no later than the
specified openinG date and time. (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
Better Roads Inc.
idder Name
~ /l;/ ~~
Signature & Title Joseph M. Restino, V.P.
DATE: December 6, 2006
TPA#1953633.11
GC-P-12
1681
,
'f
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with Better Roads, Inc. ("Contractor") of 1910 Seward Ave.,
Naples, FL, 34109, a Florida corporation, authorized to do business in the State of
Florida, to perform all work ("Work") in connection with Immokalee Road (C.R. 846)
Intersection Improvements at Sanctuary Road, Bid No. 07-4090 ("Project"), as said
Work is set forth in the Plans and Specifications prepared by Collier County's TECM
Department, the Engineer and/or Architect of Record ("Design Professional") and other
Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: eight hundred twenty six thousand
seven hundred twenty five dollars and twenty cents ($826,725.20).
GC-CA-1
Section 4. Bonds.
16B 1
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms.treas.Qov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and Liauidated Damaaes.
A Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within ninety (90) calendar days from
the Commencement Date (herein "Contract Time"). The date of Substantial Completion
of the Work (or designated portions thereof) is the date certified by the Design
Professional when construction is sufficiently complete, in accordance with the Contract
Documents, so Owner can occupy or utilize the Work (or designated portions thereof)
for the use for which it is intended. Contractor shall achieve Final Completion within
fifteen (15) calendar days after the date of Substantial Completion. Final Completion
shall occur when the Agreement is completed in its entirety, is accepted by the Owner
as complete and is so stated by the Owner as completed. As used herein and
throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's
duly authorized representative and shall mean the Division Administrator or Department
Director, as applicable, acting directly or through duly authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
GC-CA-2
16Bl
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, one thousand two
hundred and eighty eight dollars ($1,288.00) for each calendar day thereafter until
Substantial Completion is achieved. Further, in the event Substantial Completion is
reached, but the Contractor fails to reach Final Completion within the required time
period, Owner shall also be entitled to assess and Contractor shall be liable for all
actual damages incurred by Owner as a result of Contractor failing to timely achieve
Final Completion. The Project shall be deemed to be substantially completed on the
date the Project Manager (or at his/her direction, the Design Professional) issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek to characterize
the above noted liquidated damages as a penalty, which the parties agree represents a
fair and reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time
periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
G. Final Acceptance by Owner.
GC-CA-3
1681
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Exhibit 0:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by TECM
and identified as follows: Immokalee Road (C.R. 846)
Intersection Improvements at Sanctuary Road
as shown on Plan Sheets 1 through 31.
Contractor's List of Key Personnel
Stored Materials Record
GC-CA-4
16 ~ 1
-'-
.'111.
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
Julio Ordonez, P.E.
TECM
2885 S. Horseshoe Drive
Naples, Florida 34104
(239) 659-5762
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
Joseph M. Restino, Vice President
Better Roads, Inc.
1910 Seward Ave.
Naples, FL 34109
Phone: (239) 597-2181
FAX: (239) 597-1597
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list"
GC-CA-5
16 ~ 1 '~
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it
Section 10. Successors and AssiQns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement
Section 11. GoverninQ Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire AQreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. ChanQe Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
GC-CA-6
16 1 l~
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
****
GC-CA-7
16
1
~
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
CONTRACTOR:
By:
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Type/Print Name
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Approved As To Form
and Legal Sufficiency:
~~;~~~~ ~:.:.-/f
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COlLl::COU~ ~
James Coletta, Chairman
GC-CA-8
1681
(.-
- ~-
EXHIBIT A
PUBLIC PAYMENT BOND
Bond No. 8836274
Immokalee Road (C.R. 846) Intersection Improvements at Sanctua ry Road
Bond No. 8836274
Contract No. 07-409q
KNOW ALL MEN BY THESE PRESENTS: That
1910 Seward Avenue, Naples FL
and Fidelity and Deposit Company of Maryland
Surety, located at 1400 American Ln, Tower 1, Schaumburg IL 60196
(Business Address) are held and firmly bound to Board of County Commissioners of Collier "',
as Obligee iri the sum of Eight Hundred ;rwenty-si T ousand Seven Hundred County, FL
($ 826,725.20----) for the paymen w ereo we bin ourselves, our heim, executors,
personal representatives. successors and assigns. jointly and severally.
Better Roads ,Inc.
;3S Principal,
, as
WHEREAS, Principal has entered into a contract dated as of the __ day of
2007. :2OOO:;cwith Obligee for Immokalee Road (C.R. 846) Intersection Improvement
in Collier County FL accordance with drawings and specific~ltions, which
contract is incorporated by reference and made a part hereof, and is refer'ed to herein
as the Contract.
~-'
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directl)' or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliar ce with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
... (......,
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Surely be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that mar be filed by
claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this
day of ., 2006, the name of each party being affixed and th~se presents
duly signed by its under-signed representative, pursuant to authority of its governing
body,
-- (
TPA#195363111
GC.CA.A.1
16 B 1
Bond No. 8836274
I
Signed, sealed and delivered
in the presence of:
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Witn:::~~ as to pri!ipal
Better Roads
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PRINCIPAL
STATE OF Florida
COUNlY OF Collier
The foregoin[jn.strument was>>ckno\'iledged before me this2~a~ of ~tt~
20-'2.1. by JtI.';r.';:;rI A. Jte.-:;'T/M1 , as 1/1 Le ~ I!..s/ ~(" AJ_ _ of
Il"u"r RORdR Tnc. , a Florida corporation, on behalf of the
corporation. llil[she is personally known to me OR has produced as
identification and did (did not) take an oath. , /
My Commission Expires: /t - ~ -CI~ i kUtcz
nature of Notary)
,../-
DONNA DiMARE
Notary Public, Stale of Florida
My comm. expo Oct. 5, 2007
Gomm, No, gg 21i1ili04
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
ATIEST:
SURETY:
Fidelity and D~posit Company
of M::Iryl::lnn
(Printed Name)
1400 American Ln Tower:: 1
Schaumburg IL 60196
N/A
(Business Address
N/A
(Authorized SignaturE!)
Witnesses to Surety
(Printed Name)
j
TPA#1953633.11
GC-CA-A-2
(-..
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OR
C-:~
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As Attorney in Fact and Florida Resident
(Attach Power of Attorney) Agent
Eileen C. Heard
Witnesses
(Printed Name)
Lykes.'Insurance Inc
400 N Tampa St #2200
Tampa FL 33602
(Business Address)
813 223-3911
(Telephone Number)
STATE OF Florida
COUNTY OF Hillsborough
The foregoing instrument was acknowledged before me this 23 day of
January,200,'Z2~ by Eileen C. Heard , as
Attorney-in-fact of Fidelity and Deposit Company of Maryland
Surety, on behalf of Surety. He/She i7Pers'onaTIY known to e OR h3S produced
known ~ as ide ifi . n and who did (did not)
take an oath. '.:
",
.~
(
My Commission Expires:
..../....,
. ,
(AFFIX OFFICIAL SEAL)
Name: PETER A. THOMSON
(Legibly Printed) Notary Public, State of Florida
My comm. expo Dec. 15, 2007
Notary Public, State of: Comm, Ng, gO 259744
Commission No.:
j
TPM1 953633.11
GC-CA-A-3
16Pi
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--, .
".
EXHIBIT A
PUBLIC PERFORMANCE BOND
Immokalee Road (C.R. 846) Intersection Improvements at Sanctuat'Y Road
Bond No. 8836274
Contract No. N-4090
KNOW ALL MEN BY THESE PRESENTS: That Better Roads Inc.
1910 Seward Ave! Naples FL, as Principal. and Fidelity and Deposit Company of
Maryland ,as Surety, loca1ed at
1400 American Ln, Tower 1, Schaumburg IL 60196
(Business Address) are held and firmly bound to
The BOl'lrd of Countv Commissioners of Collier County FL, as Obligee ill the sum of
Eight Hundred Twenty-six Thousand Seven Hundred Twenty-five and 20/100 Dollars
($ 826,725.20')---- ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
2007 . ,xxxx~ with Obligee
Immokalee Road (C.R. 846) Intersection Improvements at Sanctuary Road
in accordance with drawings and specifications, which contract is inCllrporated by
reference and made a part hereof, and is referred to herein as the Contract
day of
for
../,',. THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract;
and
2. Pays Obligee any and all losses, damages, costs and attornel's' fees that
Obligee sustains because of any default by Principal under the Contract, i'lcluding, but
not limited to, all delay damages, whether liqUidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the, Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not af1'ect Sureties
obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes.
extensions of time, alterations or additions to the terms of the Contract or lither work to
be performed hereunder. or the specifications referred to therein shall in anywise affect
its obligations under this bond, and it does hereby waive notice of any s~ ch changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
This instrument shall be construed in all respects as a common law bond. It is
j expressly understood that the time provisions and statute of limitations U lder Section
255.05, Florida Statutes, shall not apply to this bond.
TPA#1953633.11
GC-CA-A-4
1681
Bond No. 8836274
j'- In no event will the Surety be liable in the aggregate to Obligee for more th an the penal
sum of this Performance Bond regardless of the number of suits that ma~' be filed by
Obligee.
IN WITNESS WHEREOF. the above parties have executed this instrumert this
day of 2007, ~ the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
Better Roads Inc.
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Signed, sealed and delivered
in the resence of:
PRINCIPAL
NAME: Joseph M. Restino
ITS: Vice President
'~" .--..
STATE OF Florida
COUNTY OF Collier
The foregoing instrument was 3cknowledged bf#ore me this 2~ay of
~ ,20~y ;J;6t:::J7/1 /J.1 --C/'"",1//l/o . as
v hk:,,;A~d~ of Better Roads Inc. , a
~ LIJ d'./ D d corporation, on behalf of the corporation. .!:!g/she is
personally known to me OR has produced -
as Identification and did
.-
My Commission Expires: /tJ." -0 '7
;{J
(Si nature)
DONNA DiMARE
Nolary PubliC, Stale of Florida
My comm. expo Ocl. 5, 2007
Comm. No. DD 255504
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of: _
Commission No.:
WAII1953633.11
GC-CA-A-5
,-
Bond No. 8836274
"j (,. ') 1 1-
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ATTEST:
SURETY:
Fidelity and Deposit Company of Maryland
(Printed Name)
1400 American Ln~ To-wer 1 __
Schaumburg IL 60196
(Business Address)
N/A
(Authorized Signature)
. Witnesses as to ~
/' .
,
(Printed Name)
("
"
OR
9~
As Attorney in Fact and Florida Resident
(Attach Power of Attorney) Agent
Wrtnesses
Eileen C. Heard
(Printed Name)
Lykes Insurance Inc.
400 N Tampa St #2200
Tampa FL 33602
(Business Address)
813 -223-3911
(Telephone Number)
_N../'-"
...-"'
STATE OF
COUNTY OF
Florida
HillshnrollQ'h
The foregoing instrurnent was acknowledged b
January, 2007 ~2666, by Eileen C. He
of Fidelity and Deoosit Comoany of oM and:'
behalf of Surety. He/She is per nally known
known as i entification an
My Commission Expires:
_ Surety, on
e OR h~ls produced
(did not) take an oath.
--r'
(AFFIX OFFICIAL SEAL)
o 11 ,HOMSON
pElE" .' Ie 0\ Flonda
Name: Hgt?ry public, Sla 15. 2007
(Legibly Printed) M~ Co0101. e;,~' oo"i~g7'~4
c~mm, ""'
Notary Public, State of: _
Commission No.:
"--""
TPA#1953633.11
GC-CA-A-6
1 ?, '1 1 ~..
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Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, hy WILLIAM J. MILLS, Vice President, and GERALD F. HALEY. Assistant
Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said ny, which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d . crcby nominate,
constitute and appoint Richard P. RUSSO, JR., Tanya L. RUSSO, Hi , I~ F. PRIOLO, Peter
A. THOMSON and Eileen C. HEARD, all of Tampa, Flor' ~~~~ Attorney-in-Fact, to
make, execute, seal and dehver. for, and on Ils behal , ~ItS ~~\NJwand all bonds and
undertakings, and the execution Of~UCh mas r 2e\Jt~se presents, shall be as binding upon said
Company, as tully and ampl t l{'j ur', t een duly executed and acknowledged by the
regularly elected Of~:~~ n~::,':Uts;9ff( P ore, Md , In their own proper persons. Thls power of attorney
revokes that lssued ~ ~~ldSBo. JR.. Tanya L. RUSSO, Hrram P. HAMPTON, II. Peter F. PRIOLO,
Peter A. THOMSOli-:!\~IU::l\\REI, dated June 3,2003
The said Assistant ~~ does hereby certify that the extract set forth on the reverse side hereof is a UUe copy of Article VI,
Section 2, of the By-Laws of said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice. President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 2nd day of June, AD.
2006.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
jj,.,lj' :;
4-'7
c
By:
Gerald F. Haley Assistant Secretary
William J. Mills
Vice President
State of Maryland }ss:
CIty of Ball1more
On this 2nd day of June, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland. duly commissioned
and qualified. came WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND. to me personally known to be the individuals and officers described in and
who executed the preceding instrument, and they each acknowledged the execution of the s,ame, and being by me duly sworn,
severally and each for himself deposeth and saith, that tbey are the said officers of the Company aforesaid, and that the seal
affixed to the preceding instrument is the Corporate Seal of said Company. and that the said Corporate Seal and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
...,I..\\~: I ~~ 1111,,1'
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~GD~
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2007
POA.F 031.3055
1681
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI. Section 2. The Chairman of the Board. or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the ExecutiveCommittec,
shall have power, by and with the concurrence of the Secretary or any onc of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages....and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney.in.Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsintile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsintile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this
day of
dCXJ7
GrO~E. !1'1t~'6
Assistant Secretary
01-01-1001
01,06PM
FROM-
T-540
~~06 9-1
, '- , '. , ., CER.TIFICATE OF INSURAN.qIE
;:r~'fARSH " CERTIFICATE NVMDER
I ,-", .. .. A TL-001227335-00
PRODUCER 'ttlrs C'liiRTII'ICATE IS ISaUSD AS A MA.lTER OF JNFORIUTICI4 ONI.Y AND CONFERS
Marsh NO RIGtolT! UPON Yt1E CliiRT1FICATE HOLDER OTHEI\ n....N THose PROVIDED IN THE
3031 N. ROck1 PoInt Drive, Suite 700 paucv. THIS t:1!!R.rIFICAIE DOES HOT A.M~D, EX'rENI' OR M.TER THE COV!!Il:AGf:
Tampa. FL 3 607 AP':ORDEP BY THE POLICIES Ol;:lep:1IU:t:I HEREIN.
COMPANIES AFFORDING COVERAGE
COMPPNY
0126a-O&-07 A CONTINENTAL CASUALTY COMPJINY
INSURED COMPANY
B8IEOR ROADS. INC. B PENNSYLVANIA MANUFACTURE$S ASSOC. INS. CO.
1910 SEWARD AVE
NAPLES, FL 34109 COMpANY
C
COMPANY
D
:<<.OVERAGes.: ._'~ . ;'.',.' .:Tt1!#.~II1""",...upers.~f!S;~nd''''Pla''''a.''DY piijVlo".~.iSsuad certtnciJt. (or tJio POllcY:PBrip_~nD.il!d.!>.low, " 1.
THIS 15 TO CERTIFY THAI' f'OUClES OF INSURANCE DESCRIBED tiSREIN HAVE BEEN ISS~ TO THE lNSURI:O NAME'P HeREIN FOR THE :lOl!C'\" PERIOO INDICATED.'
NOTWITjolSfANDINQ ANY REOUlREMENT, iE!RM OR CONDITION OF ANY CONTRACT OR OTHER DDCUr.lENT WITH RS6PECT TO WHICH T~ CERTIFIC \TE MAY BE ISSUEO OR MAY
PERTAIN, Tke INBURANCE AFFORDlm BY Tl1E POLICIES oeSCRIBED HEREIN IS SUBJECT TO All THE rEAMS. CONOrTIONS AND D<Cr..UeH,)N:3 OF :IUCH POLlCII;S. AGIJREI3ATE
LIMrIe ';lHQWN MAY HAve FJEEN REDUCED By f'P.IO Ol.AIMfl,
CO TIPE OF INSURMCE "or..ley NUMBER POllCr EfFECTIVE POUCY.I!:XPlRAl'IOH UloIlTS
LTR O"TE (MM/DOIVY) DAn: (MMtDOlYY)
A IJENERAL UABIUTV GL 2057352432 05115/06 05/15/07 GENERAlAGGRE~ATE $ 2.000,000
'x CO~M~GIAL Gl!:NERA~ LIABILITY PRODUCTS. COMl/OP AGO $ 2,000.000
I CLAIMS MADE W OCCUR PERSONAL & AnV I...JURv $ 750,000
7 OWNER'e d CONTRACTOR'O PROT EACH OCCURRENC E $ 150,000
0'0, FIRE O"MAGE rAn~ onll Tlr'8) $ 500,000
MED EXf" IAn 01'111 IlIllIonl $ 5,000
A AUTOWlOBlU! LIAlilUTY BUA2057353421 11127106 05115/07 $ 2,000.000
COMBINEO SINGLE LIMIT
~ ANY AUTO
1- ALL OWNI?:D AVTOS BOOll.Y INJURY $
(parpernot'l)
f- 9GHEOULED ALfTOS
~ HIR,!;':P Al,.r,o.s 13001l..V INJURY $
~ NON-QVVNEO AUTOS (Paraccldlll'\l)
X Sl~ $250,000 PROPl;:R.TY OAMAO::: $
, GARJlGE I.IAElILITY AUTO ONLY. EA AC CIOENT $
~ "
- ANY AUTO OTHCR THAN AI,lTC ONLY:
FACH A 'CIDENT $
-" $
Ac;~ riEGATE
A EXCESS r..IASILITY L 2064700476 05115/06 05115107 EACH OCCURRENC ~ $ 5.000,000
~ l.!M9Rl=.ll.A FORM AGGREGATE $ MOO,OOO
, OniER THAN UMBRE:l..LA FOAM Rl;iAINED LIMIT $ 10,000
B WOIlKtOR$ COMPEN3ATION AND Z00675-03-49-24-1 05115106 05/15/07 X I T~~.;' m.:tte I ER .'
EMPLOYERS' LIABILITY
EL EACH ACCIDliNT $ 1,000.000
THO: PROF'RrETORl RINCI. a OIS!;AsE-POuCY LIMIT $ 1,000.000
PARTNERs/EXECUTIVE! El. OISEAaE-EACH E ,.tPLOYEE $ 1,000.000
OFFICERS AA12: EXCL
A OTHER AUTO PHYSICAL BUA2057350941 05115/06 05/15/07 COMP DEDUCT ISLE '.
DAMAGE COLLISION DE[IUCT1BLE 5,000
I
o ESCRJPTION 01" OPER"TION5IlQCATIONSlVEIUC1.EllIaPf;CIAL ITEMS
General Uablllry limIts a'e on a per project basi& Subject to $15,000,000 pOlicy aggregate.
CERTlFICAT.E.HO~DER . "::..' '.'" . 'CANCELLATIDN . '1".:: . '.'
.. ~ '.' ....--..., - ... .. .- -. .d. ... .-....- ..
811Ol/lP A}('( OF TN!: PO~ICI~S [)l!~RlDEC HERElN BE t:ANCELI..B) B Ol'CRE lHE EXPIRATION CA,TC '1'IiEREOF,
THE IN&URER ^FFORO~ CDVERAGE 'MLL E"NOEAVQA TQ ",,^I~ . _.3D C^Y5 WRlTTEti tiOl1CE TO THE
COLLIER COUNTY BOAAP CERTlFlCATE HC~CER "''''-'lED 1-1ER1':1f'oI. flu! PN~URl: '1'0 MNL :lUCfl 1"1, mCE IIHI\Lt IIolPOSE tiC OBlIG",TIO~ on.
OF COUNTY COMMJSSIONERS
3301 YAMIAMl TRAIL EAST UA/lILITV Of ;'NY IIINO UPON ll1~ IN~URER N'FORCING OOYERAGE, In AOENTll OR REI>RE8ENTATIVE$. em 'nIE
NAPLES, A.. 34112 1:;liUEROF1l1ISCERTlACI\TE.
MARSH USA INC.
E1r: Erica Connick
... .' MMf(3/02}' . .. . '"."\~AL!D AS.'OF:' 01';22JD7
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02-02-1007
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FROM-
T-540
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AD'DITIO.N::ALIN'FORMATION'
_ ~ .__ _....L..__..._._..,_...' .._....." .. __ _ . '.~. ._. ._~_
PROQOCER
Ma~f1
3031 N. Rocky POint Drive. Sui!El 700
Tampa, FL 33607
. , '[. .. --OAT! (MMfDDlYYl
ATL-00122F335-00 01/22/07
COMPANIES AFFORDING COVERAGE
COMPANY
EO
COMPANY
F
101266 06-07
I~S(,l'REU
B~ER ROADS, INC.
1910 SEWARD AVE
NAPLES, FL 34109
COMPANY
G
COMPANY
H
T~XT. .........
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Collier County Board ofCoonty COmmllii$ioners is an acdltlonal insured for Auto Llabirzty and Genera! Liability wilh respects to ~rolect "Immokallea Road (C.R.
MS) Inlersection Improvements at Sanctuary Road, County Bid No. 07-0490,.
CEORTIFICATEHDLOER _.
COLiJER co"uNTy"eOARD
OF COUNTY COMMISSIONERS
3301 TAMIAMI TRAIL EAST
NAPLES. FL 34112
.
JII^~IiH US" INC. 6Y
", "u -~.: ~ ':.,
Erica Connick
"""-:P.acel2 . ..'
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1681
EXHIBIT B
INSURANCE REQUIREMENTS
(1) The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed
minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and
amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole
responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the Project by the Owner or as specified in this
Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in
Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice
of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place
the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of
ajl insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner.
(5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of
policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor
shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor
from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor
hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance
program carried by the Owner applicable to this Project.
(7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or
agreement by the Owner that the insurance requirements have been satisfied or that the insurance
policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors work, insurance of the types and to the limits specified in this
Section unless such insurance requirements for the Subcontractor are expressly waived in writing by
the Owner.
""1) Should at any time the Contractor not maintain the insurance coverage's required herein, the
Jwner may terminate the Agreement or at its sole discretion shall be authorized to purchase such
GC-CA-B-1
1681
~verage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse
mer for such costs within thirty (30) days after demand, Owner has the right to offset these costs
from any amount due Contractor under this Agreement or any other agreement between Owner and
Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage's purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
(10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or
replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their
expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be
considered justification for the Owner to terminate the Agreement.
(11) All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.1 All insurance policies, other than the Business Automobile and Workers Compensation
policies, provided by Contractor to meet the requirements of this Agreement shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under
this Agreement and shall contain a severability of interests provisions.
11.2. Companies issuing the insurance policy or policies shall have no recourse against
Owner for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Contractor.
11.3. All insurance coverages of Contractor shall be primary to any insurance or self-
insurance program carried by Owner applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by Contractor shall not apply to any
insurance or self-insurance program carried by Owner applicable to this Project.
11.4. The Certificates of Insurance, which are to be provided on the form set forth in
Attachment I to this Exhibit B, must identify the specific Project name, as well as the site
location and address (if any).
11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
11.6. All insurance policies to be provided by Contractor pursuant to the terms hereof must
expressly state that the exclusive venue for any action concerning any matter under
those policies shall be in the appropriate state court situated in Collier County, Florida.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? ~ Yes _ No
.'-'1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
ontractor during the term of this Agreement for all employees engaged in the work under this
GC-CA-B-2
1 t'! ''"11 1 ~,
,J. , ",
Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall
t be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability
X $1 ,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the Owner and the policy shall be
so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work. (check one)
o Applicable ~ Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work. (check one)
o Applicable ~ Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X Yes _ No
(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,
Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage. Limits of Liability shall not be less than the following:
L General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit
under LIMITS OF INSURANCE applies separately to each of your projects away from premises
owned by or rented to you."
.13) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such
Nerage shall be primary to any similar coverage carried by the Owner.
GC-CA-B-3
16 r' ~
L 1
.L4) Coverage shall be included for explosion, collapse or underground property damage claims.
(5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement. check one)
o Applicable [ZJNot Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if
applicable to the completion of the work under this Agreement. (check one)
o Applicable [ZJ Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property required to be covered,
whichever is earlier. This insurance shall include interests of the Owner, the Contractor,
Subcontractors, Sub-subcontractors and Material Suppliers in the Work.
~) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover
reasonable compensation for Professional's services and expenses required as a result of such
insured loss. At the Owner's option, flood and windstorm insurance will also be purchased.
(3) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for
any deductible associated with the all-risk policy described above shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents. The responsibility of the Contractor for any deductible associated with the flood or
windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit.
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors
and Sub-subcontractors in the Work.
GC-CA-B-4
1681
ill) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
y of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
Design Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall
provide waivers of subrogation by endorsement or otherwise.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made
payable to the Owner for the insured, as their interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? L Yes _ No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:
Bodily Injury & Property Damage - $ 500,000
-L Bodily Injury & Property Damage - $1,000,000
Bodily Injury & Property Damage - $ 2,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability,
and Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
GC-CA-B-5
168 I "'ll'"
"JUNTY OF COLLIER
STATE OF FLORIDA)
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated , 2006 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2006, by
,as of ,a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
TPA#1953633.11
GC-CA-C-1
16'
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
= Less Retainage $
Less previous payment (s) $
% AMOUNT DUE THIS
% APPLICATION: $
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
JNTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
TPA#1953633.11
GC-CA-D-1
1681
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EXHIBIT E
CHANGE ORDER
TO:
Project Name:
Bid No.:
Change Order No.:
Change Order Description
FROM: Collier County Government
Construction Agreement Dated:
Date:
Original Agreement Amount ...........................................................$
Sum of previous Change Orders Amount .......................................$
This Change Order Amount ...........................................................$
Revised Agreement Amount ...........................................................$
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and
will be performed subject to all the same terms and conditions as contained in the Agreement, as if
the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall
constitute a full and final settlement of any and all claims of the Contractor arising out of, or related
to, the change set forth herein, including claims for impact and delay costs.
Prepared by:
Date:
Project Manager
Recommended by:
Date:
Design Professional
Accepted by:
Approved by:
Date:
Contractor
Date:
Department Director
Approved by:
Date:
Division Administrator
Approved by:
Date:
Purchasing Department
Authorized by
Director
(For use by Owner: Fund
Number: )
Date:
Cost Center:
Object Code:
Project
GC-CA-E-3
;1."-
'11'"
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
Design Professional's Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use, The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
TPA#1953633.11
GC-CA-F-1
16 c:; -I
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The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat. utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on
,2006
Design Professional
By:
Type Name and Tille
CONTRACTOR accepts this Certificate of Substantial Completion on
,2006
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2006
OWNER
By:
Type Name and Title
TPA#1953633.11
GC-CA-F-2
16 L' 1 ~.~
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.:
Contractor:
Project No.:
Date:
,2006
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES
NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this fonn).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this fonn).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A If NO is checked
for any of the above, attach explanation.
Acknowledgments:
By Contractor:
(Company Name)
(Signature)
(Typed Name & Tille)
By Design
Professional:
(Firm Name)
(Signature)
(Typed Name & Title)
By Owner:
(Department Name)
(Signature)
(Name & Tille)
TPA#1953633.11
GC-CA-H-1
1631
EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
TPA#1953633.11
GC-CA-H-2
nl
t]
local conditions, and particularly, but without limitation, with respect to the following:
those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
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the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 9:00 a.m. to 4:00 p.m., Monday
through Friday. No work shall be performed outside the specified hours without the
prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
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Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each subsequent Application for Payment, Contractor also shall
complete and submit to Owner as part of its Application for Payment, the Stored
Materials Record attached hereto and made a part hereof as Exhibit O.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4,5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner. The Project Manager shall have the discretion to establish, in writing, a
schedule to periodically reduce the percentage of cumulative retainage held through out
the course of the Project schedule. Owner reserves the right to reduce the amount of
the retain age withheld subject to the guidelines as set forth in the Owner's Purchasing
Policy.
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4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
4.7 Each Application for Payment shall be accompanied by a Release and Affidavit,
in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full
for all materials, labor, equipment and other bills that are then due and payable by
Owner with respect to the current Application for Payment. Further, to the extent
directed by Owner and in Owner's sole discretion, Contractor shall also submit a
Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the
form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor
or supplier has been paid in full through the previous month's Application for Payment.
The Owner shall not be required to make payment until and unless these affidavits are
furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
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unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
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materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
1,68' .-
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7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
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Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
8.1.3
personnel;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
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and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
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extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract A!:l1ount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
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Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim.
Claims not settled by the aforesaid procedure, shall be resolved according to the
Dispute Resolution Procedure copies of which are available in the County Attorney's
Office or Purchasing Department. All Claims shall be priced in accordance with the
provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
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12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
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13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
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16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
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the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
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through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
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Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
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21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct.
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
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22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Builder or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
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incorporating the necessary reVISions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
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such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.8, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
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deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
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28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
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29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.neUpurchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor
shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below:
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32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
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proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner will be an additional insured on
all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties
directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the
subcontract or purchase order. Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract, copies of the Contract
Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
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foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
34.1.4
34.15
34.1.6
34.1.7
34.1.8
34.1.9
TPA#1953633.11
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
GC-CA-H-28
34.1.10
34.1.11
34.1.12
34.1.13
34.1.14
34.1.15
34.1.16
34.1.17
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34,1.24
34.1.25
34.1.26
34.1.27
34.1.28
34,1.29
34.1.30
34.1.31
34.1.32
111)
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format Presentations may include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
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EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
GC-CA-I-1
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EXHIBIT J
TECHNICAL SPECIFICATIONS
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EXHIBIT J-l
TEC~CALSPECunCATIONS-ROADWAY
THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) "STANDARD SPECIFICATIONS FOR
ROAD AND BRIDGE CONSTRUCTION" 2007 EDITION, AS AMENDED TO DATE, AND THE FOLLOWING
SPECIAL PROVISIONS AMENDING THE STANDARD SPECIFICATIONS, ARE HEREBY ADOPTED AND
MADE A PART OF THE CONTRACT DOCUMENTS. IN CASES OF DISCREPANCY, THE GOVERNING
ORDER OF THE DOCUMENTS SHALL BE AS FOLLOWS:
I. Advertisement for bids, instructions to bidders, proposal, contract form, payment and performance bond.
2. Construction Plans
3. Technical Specifications
4. FDOT 2006 Design Standards
5. FDOT Standard Specifications for Roadway and Bridge Construction
GENERAL NOTE: Many sections within Division I of the FDOT Standard Specifications for Road and Bridge
Construction, 2007 Edition, have been deleted by this Exhibit J- I, and in some cases replaced by provisions within
Exhibit H. For the Contractor's convenience, the Owner has attempted to identify the provisions(s) in Exhibit H
replacing the deleted sections. However, the Contractor is responsible for reviewing all contract documents and the
Owner's failure to cross reference a deleted section with its replacement section or sections in Exhibit H shall not
relieve the Contractor from complying with the requirements included in Exhibit H. If a section within the FDOT
Standard Specifications for Road and Bridge Construction, 2007 Edition, is deleted by this Exhibit J-I and there is
no corresponding replacement provision within Exhibit H, that section is deleted and not applicable to this project.
Any references in Division II to sections within Division I which have been deleted and replaced by provisions in
Exhibit H shall be treated as references to the applicable sections within Exhibit H.
J-I-I
16Ll
LIST OF REVISIONS TO THE FDOT
STANDARD SPECIFICATIONS FOR ROAD AND
BRIDGE CONSTRUCTION, 2007 EDITION
DIVISION I
......................................................................... 3
........................................................................ 3
GENERAL REQUIREMENTS AND COVENANTS
SECTION 1 - DEFINITIONS AND TERMS ...........
...................................................................... 3
SECTION 2 - PROPOSAL REQUIREMENTS AND CONDITIONS..................................................... 4
SECTION 3 - AWARD AND EXECUTION OF CONTRACTS. ........................................................... 4
SECTION 4 - SCOPE OF WORK
..................................................................4
SECTION 5 - CONTROL OF THE WORK .........
......................................................................4
SECTION 7 LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC....................... 5
SECTION 8 - PROSECUTION AND PROGRESS.................................................................................. 7
SECTION 9 - MEASUREMENT AND PAYMENT.
..........................................................10
DIVISION II
...........................................11
.......................................11
CONSTRUCTION DETAILS ........
SECTION 100 - CONSTR UCTION EQUIPMENT GENERAL REQUIREMENTS ......................... I I
SECTION 110 - CLEARlNG AND GRUBBING ....
.........................11
SECTION 120 - EXCA V A TION AND EMBANKMENT...............
...11
SECTION 125 - EXCAVATIONS FOR STRUCTURES AND PIPE...
............................ 12
SECTION 33 I - TYPE S ASPHALT CONCRETE.............
................................12
SECTION 430 - PIPE CULVERTS AND STORM SEWERS
................................. 13
SECTION 575 - SODDING....
....................................... 13
SECTION 700 - HIGHWAY SIGNING .............
.......................... 14
J.I-2
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SPECIAL PROVISIONS
DIVISION I
GENERAL REQUIREMENTS AND COVENANTS
SECTION. - DEFINITIONS AND TERMS
ARTICLE 1-3
in lieu thereof
Advertisement - Delete the definition of this term in its entirety and substitute thefollowing
"Advertisement. An official Notice to Contractors stating the time and place for submission of sealed proposals on
designated projects or proposed work. This notice contains a description of the proposed work, instructions to the
bidder regarding proposal fonns, proposal guaranty, plans, specifications, and the reservation of the right of the
County to reject any or all bids."
ARTICLE .-3
Change Order - Change the first line and part of the second line of this definition to read as follows:
"Change Order. A written order issued by the Engineer to the Contractor covering minor changes in the plans..."
ARTICLE .-3
Department - delete the definition of this term in its entirety and substitute thefollowing:
"Collier County Board of County Commissioners".
ARTICLE 1-3
in lieu thereof
Engineer - Delete the first four (4) words of the first sentence and substitute the following
"The Transportation Administrator, Collier County, Florida, or his designee..."
ARTICLE 1-3
lieu thereof
Holidays - Delete the definition of this term in its entirety and substitute the following in
"Holidays. Days designated by the Board of County Commissioners, Collier County, Florida"
ARTICLE .-3
lieu thereof
Laboratory - Delete the definition of this term in its entirety and substitute the following in
"Laboratory - The official testing laboratories of Collier County or other such laboratories as may be designated
by the Engineer."
ARTICLE 1-3
lieu thereof
Secretary - Delete the definition of this term in its entirety and substitute the following in
"1-3 Chairman. The Chainnan, Board of County Commissioners, Collicr County, Florida, acting directly or
through either the County Manager or the Transportation Administrator."
ARTICLE 1-3 State - Delete the title and provision of this article in its entirety and substitute the
following in lieu thereof
"1-3 County. The Board of County Commissioners. Collier County, Florida, as Owner."
J-I-3
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SECTION 2 - PROPOSAL REOUlREMENTS AND CONDITIONS
ARTICLE 2-1 THRU 2-12
"C" of the Agreement.
Delete Section 2 in its entirety and refer to "Instructions to Bidders", Parts "B" &
SECTION 3 - AWARD AND EXECUTION OF CONTRACT
ARTICLE 3-1 THRU 3-9
"c" of the Agreement.
Delete Section 3 in its entirety and refer to "lnstructions to Bidders", Parts "B" &
SECTION 4 - SCOPE OF WORK
ARTICLE 4-1 THRU 4-6
Agreement.
Delete Section 4 in its entirety and refer to the "Agreement", Part "D" of the
SECTION 5 - CONTROL OF THE WORK
ARTICLE 5-1
Delete in its entirety. See Exhibit H.
ARTICLE 5-2
Delete in its entirety. See Section I. 3 in Exhibitll.
ARTICLE 5-3
Delete in its entirety. See Section 1.1 and Section 23 in &hibif H.
ARTICLE 5-4
Delete in its entirety. See Section 1.2 in Exhibit H.
ARTICLE 5-5
Delete the provision of this article in its entirety and substitute the following in lieu thereof
"The Engineer shall order changes and execute supplemental agreements as he may decide as provided for under the
Sections of these specifications. The provisions of this article or elsewhere in this Contract regarding administration
by the Owner or action taken pursuant thereto arc not intended to and shall not relieve the Contractor of his
responsibility for the management of the work either as regards sufficiency or the time of performance."
Subarticle 5-7.6
thereof
Delete the provisions of this article in their entirety and substitute the following in lieu
"The cost of performing construction surveying and layout work as described herein shall be included in the
various work items to which it is incidental. No additional payment shaH be made for it.
Additional construction surveying and layout work necessitated as a result of authorized increases in contract
pay quantities shall be included in the affected contract unit prices. No separate payments shall be authorized
by the Engineer".
ARTICLE 5-8 Delete in its entirety. See /)'ection 24 in F.xhibit H.
ARTICLE 5-9 Delete in its entirety. See Section 22 & 23 in F.xhibit H.
ARTICLE 5-10 Delete in its ent irety. See Section 20 in Exhibit H.
ARTICLE 5-11 Delete in its entirety. See Section 20 in Kxhibit H
ARTICLE 5-12 Delete in its entirety. See ,-)'ection 11 in Exhibit H.
ARTICLE 5-13 Delete in its entirety. See Section 11 in Exhibit Jl.
.1.1-4
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SECTION 7 - LEGAL REQUIREMENTS AND RESPONSffiILITY TO THE PUBLIC
Subartic1e 7-1.1
The following paragraph is to be added at the end of this sub-article:
"The Contractor's attention is directed to the fact that the noise generated by his construction
equipment and/or operations must comply with all applicable Federal, State and local environmental
regulations. In the event noise sensitive sites are identified during construction, the County may direct that
effective and/or additional abatement measures be utilized. The Contractor shall specifically comply with
Collier County Ordinance 77-4 as amended. No additional or separate payment shall be authorized to comply
with the required abatement measures contained in this ordinance:'
Add the following subarticle to Article 7-2:
Subartic1e 7-2.2.1
"7-2.2.1 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
PERMIT CONDITIONS: Storm Water Pollution Prevention Plan (PPP): The Owner shall be responsible for
developing the PPP in accordance with the terms and conditions of the U.S. Environmental Protection
Agency's NPDES General Permits for Storm Water discharges associated with Construction Activities.
The Contractor, and his subcontractors, shall be responsible for implementing the best management practices
and measures identified in the PPP. The Contractor, and any sub-contractor must acknowledge that he
understands the terms and conditions of the EPA NPDES General Permit The Contractor and his
subcontractors shall make such certification in the attached form entitled "Contractor's Certification Pollution
Prevention Plan (1-1-6)." Such certification shall be made part of this contract document.
ARTICLE 7-5 Delete the provisions of this article in their entirety and substitute the following in lieu thereof
"7-5 Restoration of Surfaces Opened by Permit. The Owner reserves the right to allow parties other than the
Contractor or its subcontractors, upon presentation of a duly authorized and satisfactory Collier County Rights-of-
Way Permit. to make openings in the existing highway within the limits of construction. In all such instances, the
Contractor will afford parties bearing such permits reasonable opportunity for the proper execution of the work
under Permit including the right to store materials and equipment All parties authorized to perform work within the
right-of-way shall make, in an acceptable manner, all necessary repairs due to such openings and such work ordered
by the Engineer shall be subject to the conditions specified in Collier County Ordinance No. 82-91."
)-1-5
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CONTRACTOR'S CERTIFICA nON
POLLUTION PREVENTION PLAN
Facility Identification
Facility Name: Immokalee Road (e. R. 846l/Sanctuarv Road Intersection
Project No. 66065
Owner: Collier County Board of County Commissioners
Facility Location: Naples. Florida
City: Naples
County: Collier
State: Florida
Latitude 26020'00" Longitude: 81037'11"
Section: 26 Township: 47S Range: 27E
Certification Statement
I certifY under penalty of law that I understand the terms and conditions of the general National Pollutant Discharge
Elimination System (NPDES) permit that authorizes the storm water discharge associated with industrial activity
from the construction site identified as part of this certification.
(The certification must be signed by a responsible corporate officer which means a: 1) president, secretary, treasurer,
or vice-president of the corporation in charge of a principal business function, or any other person who performs
similar policy or decision-making functions for the corporation or 2) for a partnership or sole proprietorship. by a
general partner or the proprietor.)
For:
(Type name of company)
By:
(Principal's Signature)
(Date)
Name:
(Print or Type)
Title:
(Print or Type)
Address:
Telephone No: .
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Subarticle 7-7.2 Expand this subarticle as follows:
"The Contractor's attention is directed to the fact that it will be his responsibility to determine the means of
transport of the oversize and/or overweight structural members from the site of casting of fabrication to the
project site.>t
ARTICLE 7-9
Add the following to this article:
"The Contractor must obtain written authorization from the Engineer prior to undertaking any work associated with
the use of explosives. All such operations shall be performed in compliance with Collier County Ordinance No. 73-
II and No. 82-94, as may be amended. Rock excavation shall be attempted without blasting."
Subarticle 7-11.1
The following is added to this subarticle:
"Damage to Collier County Water-Sewer District pipelines and structures shall be repaired in accordance to
the Collier County Utilities Standards and Procedures Ordinance No. 97-17 and all amendments thereto. All other
property damaged shall be restored 10 a condition similar or equal to that existing before such damage or injury was
done by the Contractor, and al his own expense, or he shall make good such damage or injury in an acceptable
manner."
Subarticle 7-12.1
Delete this subarticle in its entirety. See Section 13 in Exhibit H
ARTICLE 7-13
Requirements ".
Delete this article in its entirety. See Section 13 in Exhibit H, and Exhibit B "Insurance
ARTICLE 7-14
Delete this article in its entirety. See Section 25 in Exhibit H
ARTICLE 7-16
Delete this article in its entirety.
ARTICLE 7-17
thereof
Delete the provisions of this article in their entirety and substitute the following in lieu
"Supplemental Agreements (inclusive of Change Orders) shall be authorized in accordance with purchasing policies
adopted by the Owner."
SECTION 8 - PROSECUTION AND PROGRESS
Subarticle 8-3.1
Delete this suharticle in its entirety.
Subarticle 8-3.2
Delete the provisions o/this subarticle in their entirety. See Section 3 in Exhibit H.
Subarticle 8-3.3
lieu thereof
In the last line delete the phrase "30 days" and substitute the phrase "90 days" in
Subarticle 8-3.5
in lieu thereof:
Delete the provisions of this subarticle in their entirety and substitute the following
"Atter the award of contract and prior to the issuance of the 'Notice to Proceed with Contract Work') a
conference will be held to discuss the dale for the 'Notice to Proceed' and the effective date to be contained
therein, to establish procedures for handling shop drawings and other submissions and for processing
applications for payment, and to establish a working understanding between the parties as to Contractor's
project management responsibilities,
J.] -7
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Present at the conference will be the Contractor and his Subcontractors, Utility companies and the Engineer.
The time and place of this conference will be set by the Engineer. The Contractor shall be represented at the
conference by a person authorized to speak on behalf of the Contractor, together with all of the Contractor's
supervisory personnel who will be on the project continually; and shall submit all required plans, sketches,
data and other material at that time as specified in the special provisions and standard specifications. The
Contractor shall submit the following minimum information to the Engineer for his review and approval on
or prior to the date established for the pre-construction conference:
3. Name/qualifications of the Contractor's proposed full~time superintendent.
b. Name qualifications of the Contractor's representative for implementing and maintaining the
Maintenance of Traffic plan during construction.
c. Listing/qualifications of the Contractor's proposed subcontractors.
d. Project Schedule.
e. Maintenance of Traffic plan.
e. Quality control plan per section 330-2 of the standard specifications.
g. Type/location of Contractor's proposed field office ifpart of the Contract.
h. Name/qualifications of Contractor's registered land surveyor and/or non-registered Land surveyor.
i. Name/qualifications or Contractor's safety officer.
Subarticle 8.3.6
Add the fol/owing new Sllbarticle to article 8-3.
"8-3.6 Progress Meetings: The Contractor shall attend regular progress meetings with and between the
Owner field representatives and those of the Contractor, subcontractors) utility companies, and other parties
having an interest in the Contract. The progress meetings shall be hosted by the Owner and held at locations
to be mutually agreed upon by the Owner and the Contractor at two (2) week intervals, unless otherwise
required by specific construction conditions. The purpose of such meetings shall include, but not be limited
to, discussing all general aspects of the project and specifically addressing problem areas, schedules,
progress payments, and other construction related items and issues. The Contractor is further obligated to
assign a person to each progress meeting for the express purpose of taking and formally documenting the
minutes of lhe meetings. The Contractor shaIl submit formal minutes of each progress meeting in typed
format to the Engineer for his review and approval no later than seven (7) calendar days after the date on
which each meeting was held. The Contractor and the Engineer shall sign the minutes documents prior to
distribution to all attendees."
Subarticle 8-4.1.1
Add the/ollowing new subarticle to article 8-4.1.
"8-4.1.1 Holiday and weekend work: If work is authorized by the Engineer on holidays and weekends,
the Contractor shall notify the Engineer seventy two (72) hours in advance of the time and date on which the
Contractor or any of his subcontractors propose to perform work during such time periods to afford the
Engineer ample time to effectively schedule his inspection personnel in accordance with the Contractor's
timetable." ,
Subarticle 8-4.2
Add thefvl/owing to this subarticle:
"Specific requirements pertaining to the sequence of operations for constructing the project and
maintaining traffic shall be included in the Contractor's project schedule."
Subarticle 8-4.4
Delete the first paragraph in its entirety and substitute the/allowing in lieu thereof
"The Contractor shall schedule his work, dispose of his materials, and operate his equipment in a manner so
as to not interfere with or delay the operations of other contractors engaged in work within or adjacent to the
limits of construction under this Contract. Also, the Contractor shall. in accordance with the intent and spirit
of the plans and specifications, coordinate and join his work to that of other contractors in the proper
sequence as may be directed by the Engineer. "Other Contractors" as stated above shall mean the County.
utility companies, or other general Contractors authorized by. or having separate agreements, with Collier
County or the State of Florida Department of Transportation."
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Subarticle 8-6.3 Delete the provisions afthis subarticle in their entirety and substitute
the following in lieu thereof:
"8-6.3 Permission to Suspend Contractor's Operations: The Contractor is not authorized to suspend or
cease construction activities, operations, or maintenance of constructed improvements, nOT remove
equipment or materials necessary for the uninterrupted continuance of the work, unless such suspensions or
cessations of work are approved by the Engineer in writing.
When the Prime Contractor's operations encounter or expose any abnormal condition which may indicate
the presence of a hazardous waste, toxic waste, or contaminants, such operations shall cease immediately in
the vicinity of the abnormal condition and the Engineer shall be notified. The presence oftanks or barrels;
discolored earth, metal, wood, ground water, etc.; visible fumes; abnormal odors; excessively hot earth;
smoke; or other conditions which appear abnormal may be indicators of hazardous or toxic wastes or
contaminants and shall be treated with extraordinary caution.
Every effort shall be made by the Contractor to minimize the spread of any contamination into
uncontaminated areas. The Contractor will immediately provide for the health and safety of all workers at
the job site, as well as making any provisions necessary for the health and safety of the public that may be
exposed to any potentially hazardous conditions. Such provisions shall be according to any applicable laws,
rules or regulation covering the hazardous conditions and will be in a manner commensurate with the gravity
of the conditions.
The Contractor will provide access to the area of the potential contamination. Preliminary investigation by
the County will determine what course of action will be necessary for the security of the site and what steps
are necessary under applicable laws, rules, and regulations for additional assessment and/or remediation
work to resolve the contamination issue. The County will, as soon as possible, delineate the area(s) of
contamination, any staging or holding area that may be required in conjunction with his work, and, in
cooperation with the Contractor and Engineer, develop a work plan that will provide a schedule of tbe
County's operations with projected completion datcs for the final resolution of the contamination issue.
Upon delineation of the contaminated areas and any staging holding areas associated therewith, the County
shall maintain jurisdiction over all activities therein. The Contractor will also be responsible for providing
continuous access to these areas for the County and for reprcsentatives of any regulatory or enforcement
agency having jurisdiction.
The aforementioned schedule shall be used by both Contractor and County as a basis for planning the
complelion of both work efforts. Contract time extensions may be granted by the Engineer to the Contractor
according 10 the provisions of 8-7.3.2. It will be the responsibility of the Contractor to cooperate with the
County to expedite the integration of the County's operations into the construction project.
The Contractor will not be expected to engage in routine construction activities such as excavating, grading)
or any type of soil manipulation, or in any construction processes that may be required to accommodate a
construction feature if the handling of contaminated soil, surface water or ground water is involved in the
process. All such routine construction activities will be by the County. Adjustments to quantities or to
contract unit prices will be made according to any additions or reductions of work on the part of the
Contractor in accordance with Article 9-3 and Exhibit "ll" of the Agreement. Under no circumstances will
the Contractor resume operations in the affected area until so directed by the Engineer."
Subarticle 8-10.1
Delete this subarticle in its entirety
J-I-9
Ie
SECTION 9 - MEASUREMENT AND PAYMENT
Subarticle 9.5.1
Delete the third paragraph of this subarticle and substitute the following:
The Owner will determine the amount retained in accordance with the following schedule:
Percentage of Contract
Amount Completed
Amount Retained
0% to 50%
10% of value of Contract Amount
work completed
0% of value of work exceeding
50% of Contract Amount
50% to 100%
Subarticle 9-5.4
Delete the first paragraph of this subarticle and substitute the following:
"When the Engineer has given the Contractor a written Notice of Final Acceptance, and the Contractor has
furnished to the County all submittals required by the Contract such as invoices, materials certifications, etc.
(excluding Contractor's letter of acceptance of final amount due) and the Engineer has determined that the
measurement and computation of pay quantities is correct, the retainage may be reduced to $1,000.00 plus
any amount the County elects to deduct for unsatisfied claims for labor or material or for defective work as
provided in 9-5.3."
Subarticle 9-5.5.1 Add the following condition to the second paragraph:
"(7) The Engineer will not authorize partial payments for materials stockpiled until such time as the
Contractor furnishes the County evidence of legal title for the materials under consideration, free of liens or
encumbrances of any kind. ]n addition to the receipt of certified invoices to document the value of materials
received, the Engineer may request a properly executed Affidavit or Release of Lien attesting to the purchase of
such materials."
Subarticle 9-5.6
Delete the first paragraph in its entirety and substitute the following:
'"The prime Contractor shall certifY that all subcontractors having an interest in the Contract were paid for
satisfactory performance of their Contracts and that the retainage is returned to subcontractors within 30 days after
satisfactory completion of all the subcontractor's work and materials furnished."
Subarticle 9-6.1
Add a second paragraph that states the following:
"Not later than one month after the date of completion of the project, the Contractor shall furnish to the Engineer a
certification of construction materials procured for the project by the prime and all subcontractors. This certification
shall consist of a summary showing the quantity, unit of measure and kind of material, name of supplier and
inclusive dates of purchase and shall include an affidavit, all to be completed on forms which are to be furnished by
the Engineer or copies made therefrom."
ARTICLE 9-8 Delete the provisions of the second paragraph in their entirety. Delete the provision of
Paragraphs (j), (g) and (h) in their entirety.
ARTICLE 9-9 Delete the provisions of this article in their entirety and substitute the/allowing in lieu
thereof
"9-9 Payments
(I) As used in this article the terms "dispute" or "pending claim" refer to a dispute or pending claim between the
Prime Contractor and the Owner.
J-I-IO
e 6 ..~ 1
1 '~
,J
(2) The Engineer will petition the Board of County Commissioners to authorize Release of Final Payment within
ninety (90) days of receipt by the Engineer of all documents which are required by the Contract from the Contractor
with the exception of the Affidavit and Release of all Claims, and the receipt of a consent letter from the
Contractor's Surety for release of payment of the retained percentage and final estimate to the Contractor. Should
the Contractor, due to his own actions, fail to return the Affidavit and Release of all Claims and the Surety's consent
to the Engineer, within sixty (60) days of the above established date, then Final Payment will be made by the Board
of County Commissioners within thirty (30) days of receipt by the Engineer of said documents. Final Payment shall
not be made as to any amount which is in dispute or the subject of a pending claim; and provided further, that Final
Payment shall be so made as to that subject of a pending claim; and provided further, that Final Payment shall be so
made as to that portion of a Contract or those amounts which are not in dispute or the subject of a pending claim.
Such partial payments, however, shall not constitute any bar, admission or, estoppel, or have any effect as to those
payments in dispute or the subject of a pending claim. The Contractor wiIl receive the Final Payment within ninety
(90) days ofreceipt of all documents required by the Contract or within thirty (30) days after receipt of the Affidavit
and Release of all Claims and the Surety's consent to the Engineer, if authorization for Release of fmal Payment is
given by the Board of County Commissioners pursuant to Section 8-11.
ARTICLE 9-11
Add the following article to Section 9.
"9-11 Final Affidavit and Release of all Claims by Contractor. Upon completion of the work and before the
Final Payment is made, the Contractor shall execute an Affidavit and Release of All Claims in favor of the Owner
in the manner and on the form as contained in the contract documents."
ARTICLE 9-12
Add the following article to Section 9.
"Before Final Payment wiIl be approved, the Contractor shall furnish to the Owner a guarantee in the form as found
in the contract documents".
DMSION II
CONSTRUCTION DETAILS
SECTION 100 - CONSTRUCTION EQUIPMENT - GENERAL REQUIREMENTS
Subarticle 100-2.1
This subarticle is expanded asfollows:
The Contractor is hereby responsible to provide, operate, and maintain all equipment (motor vehicles,
mechanized equipment, and marine operations) in strict conformance with Part 1926: Safety and Health
Regulations for Construction of the 29 Codc of Federal Regulations (29 CFR) as published by the U.S.
Department of Labor, Occupational Safety and Health Administration.
SECTION 110-CLEARING AND GRUBBING
Subarticle 11 0-2.4
thereof
Delete the provisions of this article and substitute the following in lieu
"The Contractor shall remove and dispose of all boulders encountered within the limits of construction and
which shall not be incorporated into the embankment, as specified under Section 120."
SECTION 120 - EXCA VA TION AND EMBANKMENT.
J-I-II
1681
Subarticle 120-4.2
Add the following new paragraph to this subartic/e:
"Existing suitable bituminous hot mix and surface treatment pavement materials which are not suitable for
Reclaimed Asphalt Pavement may be incorporated into the twelve (12) inch thick subgrade as a stabilizing
additive, subject to the provisions of Sections 160 and 914 of the Standard Specifications and approval of
the Engineer. Existing pavement materials may also be used in the embankment subject to the provisions of
Section 120 of the Standard Specifications."
Subarticle 120-6.2
Add the following new paragraph to this subartic/e:
"Appropriate embankment materials shall be obtained from off-site areas furnished by the Contractor. As
such, it shall be the Contractor's responsibility to secure the necessary laboratory test, rights, permits etc. to
ensure compliance with these specifications and local (County) and State laws, rules, ordinances, policies
and the like pertaining to borrow pits."
Subarticle 120-8.2.5
Add the followin" new subartic/e.
"120-8.2.5. Placing]nside Standard Minimum Slope: All embankment material obtained from off-site
borrow areas to be used for normal embankment construction inside the standard minimum slope
(approximately 2 to I) shall have a limerock bearing ration (LBR) strength of at least thirty-five (35)."
SECTION 125 - EXCA VA TION FOR STRUCTURES AND PIPE
ARTICLE 125-1
Add the following after the second to last sentence:
"This section also includes the satisfactory removal of rock strata or rock boulders as may be encountered within the
necessary excavation limits for bridge foundations, box culverts, pipe culverts, storm sewers, side drains, cross
drains, and other similar structures indicated in the plans or listed in the ftrst sentence herein, including the
replacement of select fill (compacted) in areas of over-excavation."
ARTICLE 125-13
Add the following statement:
"The cost of excavating all types of materials (unclassified) including the blasting and removal of rock shall be
included in the Contract pay items for structures as contained in the proposal for this project.
Subarticle 125-14.4
in lieu thereof
Delete the provisions o/this subarfic/e in their entirety and substitute the following
"lbe work of strengthening foundations (as provided in 125-4.2) shall not be paid for separately, but rather
the costs of undertaking such work shall be included in the various Contract items requiring excavation."
Subarticle 125-14.8
Delete this subarticle in its entirety and substitute the following in lieu thereof
"125-14.8 Pay Items: No separate payment will be made for excavating and backfilling for structures
under this Section. All costs incidental thereto, including pipe bedding materials, shall be included in the
contract price bid for the structure or items requiring excavation.
SECTION 331: TYPE S ASPHALT CONCRETE
SECTION 331
The entire sectionfrofn the 2,000 Specifications is herein incorporated.
J-l-]2
16
D 1 f'.
d..-..; ;':t!f
SECTION 430: PIPE CULVERTS AND STORM SEWERS
Subarticle 430-4.4
Add the following:
"During the grading operations it may be necessary for heavy construction equipment to travel over an
installed pipe. Unless adequate protection is provided, the pipe may be subjected to load concentrations in
excess of the design loads. Before heavy construction equipment is permitted to cross over a pipe, a
temporary earth fill should be constructed to an elevation at least three feet over the top of the pipe. The fill
should be of sufficient width to prevent possible lateral displacement ofthe pipe."
Subarticle 430-7.1
Applies for all pipes including side drains.
Subarticle 430-13.1
Add thefo/lowing new paragraph to this subarticle:
"Upon completion of the work, and prior to fuIl payment, all new pipe construction and existing pipes and
structures that are to remain in use will be inspected by the Engineer to ensure that they are free of all debris
and thoroughly cleaned. The cost of such cleaning shall be considered incidental to the various contract items
for storm sewer pipes and structures listed in the proposal"
SECTION 575 - SODDING
ARTICLE 575-1
thereof
Delete the definition of this Article in its entirety and substitute the following in lieu
"575-1 Description. The work specified in the contract calls for establishing a stand of grass, within the areas
specified, by the furnishing and placing of grass sod, and roIling, fertilizing, watering, and maintaining the sodded
area such as to assure a healthy stand of grass free of noxious plant material. Any plant officiaIly listed as being
noxious or undesirable by any Federal Agency, any agency of the State of Florida or Collier County Government
jurisdiction in which the project is being constructed shall not be used. The Contractor shaIl furnish to the Engineer,
prior to incorporation onto the project, a certification from the Florida Department of Agriculture and Consumer
Services, Division of Plant Industry, stating that the sodding materials are free of noxious weeds. Any such noxious
plant or plant part found to be delivered in the sod will be removed by the Contractor at his or her expense.
ARTICLE 575-2
thereof
Delete the definition of this Article in its entirety and substitute the fallowing in lieu
Article 575-2 Materials. AIl turf supplied shall be "Nursery Grown" or "Field Grown" for the purposes of
sodding and shaIl be a "Premium Grade Sod" as specified below. The sod shall be cut, delivered and/or laid in
accordance with the following specifications or the most current and accepted 1I0rticulturallndustry's Standards and
Practices whichever is more restrictive.
All sod shall be delivered to the site and be accompanied with a delivery ticket listing quantity, origin, date and time
the sod was cut and loaded. Sod shall be delivered at the specified site within a twenty-four (24) hour period after
field cutting and shaIl be laid within a forty-eight (48) hour period after field cutting. Sod being transported for a
time period greater than on (l) hour shall be covered during transport.
The Contractor acknowledges that acceptance of any sod at any time of a Grade other than the Premium Grade
specified in this Contract shall not establish a lessor standard or relieve the Contractor from providing the Premium
Grade sod as specified for the duration orthe Contract period.
Premium Sod is defined as meeting the following specifications:
J-I-13
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Soil Suitability: The sod must be grown in soil compatible to that in which it will be installed. Sand grown sod is
turf grown on 90% natural sand. Muck grown sod is turf grown on soil containing 50% or greater amounts of
organic materials by volume.
Healthy and Weed Free: Each sod pad shall be insect and disease free, vigorous and have healthy green color in
appearance. The sod shall be freshly mowed prior to cutting, and shall be in a healthy condition when laid. The top
growth (grass blades or foliage), shall have no more than ten percent (10%) chlorosis within the top growth and
contain no thatch or dead vegetation layer within each pad. Sod shall be 100% free of noxious weeds and 99% free
of undesirable broad leaf weeds and grasses, but in no case shall the weeds exceed two percent (2%) of the total sod
pad.
Pad Size: The individual sod pads shall be cut to industry standard widths and lengths with a deviation no greater
than +/- five percent (5%). Broken or uneven ended pads will not be accepted.
Pad Thickness: The thickness of the cut sod shall be to the industry's standard, but in no case shall the thickness
of the soil be less than one inch (1") in depth for SI. Augustine and Bahia grasses.
Strength of Pad: Standard size pads shall be mature, well rooted and contain a soil layer thick enough to provide a
strength that will support the pad's weight and maintain it's size and shape when the pad is suspended vertically by
hand on the upper ten percent (10%) of the pad section without tearing apart.
Moisture Content: The sod soil shall contain enough moisture so that the soil is not excessively dry or wet. In no
case will the sod be accepted if the soil layer becomes hardened, loose so as not to hold it's shape, and/or
hydrophobic in nature.
The materials used in this work shall confonn with the requirements of Division III. Specific references are as
follows:
(I) Sod .............. .............. .......... Section 981
(2) Fertilizer ....... ............................ Section 982
(3) Water. ............. ............................ Section 983
The use of dolomitic limestone will be required only when so shown in the plans or specifications. The type of
fertilizer to be used and the rate of application shall be as shown in the plans or specifications. When no specific
type is called for, Type] Fertilizer shall be used.
SECTION 700 - mGUW A Y SIGNING
ARTICLE 700-11
The following new article is added.
"700-11 Existing Signs. The Contractor is advised that all existing ground mounted and overhead signs within
the project limits shall remain the ownership of the County. All such signs shall be utilized by the Contractor for
maintenance of traffic purposes throughout the period of the Contract, and shall be removed and relocated to new
locations within the project limits as deemed necessary and directed by the Engineer. The cost of work specified in
this article shall be included in the Contract.
At the completion of the contract or at such times as may be specified by the Engineer during execution of the
contract, when individual signs are detennined by the Engineer as no longer serving a useful function. the
Contractor shall remove. clean, protect from damage, and stockpile such signs at selected locations within the
project limits. 'lbe Engineer will deduct sufficient monies from the partial monthly estimates to cover the costs of
signs which are indiscriminately damaged or destroyed by the Contractor's operations."
J-I-14
1681
EXHIBIT K
PERMITS
TPA#1953633.11
GC-CA-K-1
16 1 l'CI
EXHIBIT L
STANDARD DETAILS
TPA#1953633.11
GC-CA-L-1
1681 ,
EXHIBIT M
PLANS AND SPECIFICATIONS
TPA#1953633.11
GC-CA-M-1
16 ..~
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
TPA#1 953633. 11
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16 d2
MEMORANDUM
Date:
March 29, 2007
To:
Brenda Brilhart, Purchasing Agent
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract #07-4074
"US 41 (SR 90) Tamiami Trail East (Phase C
Rattelsnake Hammock- St. Andrews) Irrigation and
Landscape Installation"
Contractor: Villa & Son Landscaping, Corp.
Attached please find three (3) original documents, as referenced above,
(Agenda Item #16B2), approved by the Board of County Commissioners
on Tuesday, January 23, 2007.
An original has been retained in the Minutes and Records Department
and one has been sent to the Finance Department.
If you should have any questions, please contact me at 732-2646 x 7240.
Thank you.
Attachments (3)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original doo.;umcnts should be hand delivered tn the BO:lnl Orl1ec Tho.; completed fouting slip and original
documents are In be torwarded 10 the Board Onkc only after tile l~(lard has taken action on the item,)
ROUTING SLIP
Complete routing lines #] through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's signature, draw a line through routing lines # 1 through #4, comolete the checklist, and forward to Sue Filson (line #5).
Route to Addressee( s) Office Iuitials Date
(List in routin!! order)
1.
2.
3.
()
4. Colleen M. Greene Assistant County Attorney ( \\\~ 03/27/07
I
\
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of thc addressees above, including Sue Filson, need to contact staff for additional or missing
infomtation. All original documents needing the Bee Chairman's signature arc to be delivercd to the Bee office only aller the Bee has acted to approve the
item.\
Name of Primary Brenda Brilhart, Purchasing Agent Phone Number 774-8446
Staff Contact
Agenda Date Item January 23, 2007 Agenda Item Number 16.B.2
was Approved by the
BCC
Type of Document Contract #07-4074 "US 41 (SR 90) Number of Original Five (5)
Attached Tamiami Trail East (Phase: C Rattelsnake Documents Attached
Hammock - St. Andrews) Irrigation and
Landscaoing Installation"
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not
aoorooriate. (Initial) Applicable \
1. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG
signed by the Chainnan, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and nossibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by thc County Attorney's CMG
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chainnan's signature line date has bcen entered as the date ofBCC approval of the CMG
document or the final negotiated contract date whichever is annlicable.
4. "Sign here" tabs are placed on the appropriatc pages indicating where the Chairman's CMG
sil!nature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip CMG
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of vour deadlines!
6. The document was approved by the BCC on Januarv 23. 2007 and all changes made CMG
during the meeting have been incorporated in the attached document. The County
Attornev's Office has reviewed the chan~es, if aoolicable.
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ Bec Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
~
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ITEM NO.:
._ __,I :\- \..j\-- \ nt.
;e)(jNW A1\ORN\::\
DATE RECE~:
lUUl M8 2.2 PI', 'J' :l
01- fRC- (}o{,5";J....
REQUEST FOR LEGAL SERVICES
ct \~I\
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FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
Date: March 21,2007
To: R0bsFt3adia1J[ Colk-eN GreeNe,.
Assistant County Attorney
From: @ Brenda Bri1hart
Purchasing Agent
:Jn~
apitUs clJIJ01-
Re: Contract #07-4074 "US 41 (SR 90) Tamiami Trail East (Phase: C
Rattelsnake Hammock - St. Andrews) Irrigation and
Landscaping Installation"
Contractor: Vila & Son Landscaping, Corp.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on January 23, 2007
Agenda Item: 16.B.2
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
:3p~/01/ ()udeLJ-Nvd. ~~. ~K1D
1682
Memorandum
DATE:
March 21,2007
TO:
Wayne Fiyalko, Senior Analyst
Risk Management Department
FROM: (iJ
RE:
Brenda Brilhart, Purchasing Agent
Purchasing Department , I . I
<#-o'1-"1Ci1..,
Review ofInsurance for: #-4074 "US 41 (SR 90) Tamiami Trail East
(Phase: C Rattelsnake Hammock - St. Andrews Irrigation and
Landscaping Installation"
Contractor: Vila & Son Landscaping, Corp.
This Contract was approved by the BCC on January 23, 2007 Agenda 16.B.2
Please review the Insurance Certificate and Payment and Performance Bonds in this
Agreement for the referenced Contract. If everything is acceptable, please forward to the
County Attorney for further review and approval. I would appreciate it if you would
advise me when it has been forwarded.
If you have any questions, please contact me at 239/774-8446.
cc: Pam Lulich, A TM/Transportation
B{~~106 0
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Division of Corporations
Page I of2
/ B2 4
10 " ~
Florida Profit
VILA AND SON LANDSCAPING CORP.
PRINCIPAL ADDRESS
20451 SW 216 STR
MIAMI FL 33170 US
Changed 03/17/1994
MAILING ADDRESS
20451 SW 216 STR
MIAMI FL 33170 US
Changed 05/03/1999
Document Number
G99097
FEI Number
592384066
Date Filed
02/2911984
State
FL
Status
ACTIVE
Effective Date
NONE
egIs ere .gen
I Name & Address I
VILA, BAUDlLIO B VP
20451 SW 216 STREET
MIAMIFL33170
I Name Changed: 01/25/2005 I
I Address Changed: () 1/25/2005 I
R
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dA
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Officer/Director Detail
I Name & Address II Title I
BAUDILlO, VILA [J
20451 SW 216 STREET
MIAMI FL 33170
VILA, JUAN C D
18900 SW 232 NS ST
MIAMI FL 33170
I RICARDO, LEAL II I
6825 SW 59TH STREf':T
http://ccfcorp.dos.state. fl us/scripts/cordet.cxc?a 1 ~D ETFIL&n 1 =G99097 &n2~N AMFWD... 3/27/2007
Division of Corporations
Page 2 of2
MIAMI FL 33] 65
II Vp I
[J
1632
\
MIAMI FL
CABAI,LERO, ARIFL
1600 SW 99TH CT
nnua epo S
I Report Year II Filed Date I
I 2004 II 08/05/2004 I
I 2005 II 01/25/2005 I
I 2006 II 03/06/2006 I
A
lR
rt
Previous Filing Return to List I
No Events
No Name History Information
Next Filing I
Document Images
Listed below are the images available for this filing.
03/06/2006 -- ANNUA!,. REPQRT
01/25/2005 -- ANNUAL REPORT
08/05/2004 -- ANNUAL REPORT
02/26/2003 -- ANNUAL REPORT
04/11/2002 -- ANNUAL REPORT
04/04/2001 -- ANN REP/UNIFORM BUS REP
04/25/2000 -- ANNUAL REPORT
05/03/1999 -- ANNUAL REPORT
04/10/1998 -- ANNUAL REPORT
04/23/1997 -- ANNUAL REPORT
04/01/1996 -- ANNUAL REPORT
01/19/1995 -- Annual Report
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
http://ccfcorp.dos.state.f1. us/scripts/cordet.exe?a 1 = DETFIL&n 1 ~G99097 &n2= NAMFWD... 3/27/2007
03/27/2007 15:32
2392679034
VILA AND SON LANDSCAPING CORP.
P.o. 50x 185
E!Iler'o, Fl.
(239) 2.7-~034
(239) 434-519318)(
Memo
VILA AN SON
PAGE 01
1632l
VIlA ~~
SON
ITC: OY'lU, ck.. Ii ","/~ C<y{-
iCOMPANY: Co/Ire-- COl'~
IFAX NO,: 5'30 - "'t 7
!SUBJECT: A~.L.-,... of tJ{- of.f?'~!o
+be
fk
4...l- CA.1>1.e....-. +
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FROM:
Philip A. Thibeaux
General Manager
IDATE: 3 I J
1~7/01-
( I
I IND. OF PAGES: 2.
WIA ,(.:.,1-/.-",.....,' Z-L~
{011. -f.-a.c.--f.s. '
03/27/2007 15:32
2392579034
VILA AN SON
ltJ B22
RP.som XmON OF BQ^~n OF DIRECTORS OF
VILA lit SON LANDSCAPING CORPORATON
At a Special Meeting of the Board of Directors of Vila & Son Landscaping Corporation. a
Florida corporation, held on November ;!.8th at 8 :00 am, the following persoIlll wen! present,
boing all of the Din:ctorJo and Officers of the corporation: Juan Carlos Vila, President: Ricardo
Leal, Vicc-Preaidenl: Arlel Caballcltl.lnigatiotl Vice-Ptesident: Baudilio B. Vila, Vice
President, Scc:retary & Treasun1r. A quomtn being present, the following resolution was
unanimousry adopted, and said re..qolution has not been amended, modified or rescinded:
Resolved, that with re~~ to oontrlldll and subcontracts between Viis & San Landscaping
Corporation and Owner~s, O=ral Colttractors, illid oWer organizations contracting with said
corporation to perform. landscaping &; irrigation services, the. following individuals are hereby
ftlrthorized to execute. contI'BCtS, subcontracts, bonds, monthly requests for payment and all
related relesses of liens and, in addition are further authorized to enter into Subcontractor's
Change Orders M.th the appropriElle Parties:
Brett Ashley
Keith O'Neil
Ariel Caballero
Philip Thibeaux
General Manager, West Palm Beach Branch
General Manager, Orlando Branch
General Manager, Miami Bran.ch
General Manager, FI. Myel'll Branch
IN WITNESS WI-lEREOF, I have signed this Resolution. the
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There being no furthm' businesS to come before the meeting, it is upon motion duly made,
seconded, lUld unanimously carried, adjo\lmed.
Juan I. a
President
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(C",poraloSoal)
Vice President
STATE OF FI.ORmA
COUNTY OF DADE
M'y CornntisslOl1 Expire!!:
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(So.l)
On ibi. ~day ofDecember~ before me personally
sworn, did depose IU)d 5ELY that a. lb. Pred!ident of Vila &
corporation <leocribed in and which exeenled the forego'
that it was affixed to said inslrument as such eorporate
Boa:rd of Directors of said corpotation and they signe
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.n/AN CARLOS VIt.A
LlllId~aping Corporation, the
Re.ol tion; that they know We sea!:
; that. was SO affIXed by order of the
err n os thereto by like order.
1682
US 41 (SR 90) Tamiami Trail East (Phase C: Rattlesnake Hammock - St. Andrews)
Irrigation and Landscape Installation
COLLIER COUNTY BID NO. 07-4074
COLLIER COUNTY, FLORIDA
Design Professional:
McGee & Associates
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
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TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT 0: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by McGee & Associates
and identified as follows: US 41 (SR 90) Tamiami Trail East
(Phase C: Rattlesnake Hammock - St. Andrews) Irrigation and
Landscape Installation
as shown on Plan Sheets 1 through 43.
EXHIBIT N: Contractor's List of Key Personnel
EXHIBIT 0: Stored Materials Records
16821"
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
US 41 (SR 90) Tamiami Trail East (Phase C: Rattlesnake Hammock - St. Andrews)
Irrigation and Landscape Installation
COUNTY BID NO, 07-4074
Separate sealed bids for the construction of US 41 (SR 90) Tamiami Trail East (Phase
C: Rattlesnake Hammock - St. Andrews) Irrigation and Landscape Installation,
addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier
County Government Complex, 3301 Tamiami Trail East, Purchasing Building,
Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the
9th day of November 2006, at which time all bids will be publicly opened and read
aloud. Any bids received after the time and date specified will not be accepted and
shall be returned unopened to the Bidder.
A non-mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 10:30 a.m. LOCAL TIME on the 26th
day of October 2006, at which time all prospective Bidders may have questions
answered regarding the Bidding Documents for this Project.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, US 41 (SR 90) Tamiami Trail East (Phase C:
Rattlesnake Hammock - St. Andrews) Irrigation and Landscape Installation, Bid
No, 07-4074 and Bid Date of November 9, 2006. No bid shall be considered unless it is
made on an unaltered Bid form which is included in the Bidding Documents. The Bid
Schedule (GC-P-1 through GC-P-12) shall be removed from the Bidding Documents
prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined at the
Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida
34112.
Copies of the Bidding Documents may be obtained only at the offices of the Purchasing
Department, upon payment of $20.00 for each set of documents to offset the cost of
reproduction. Return of the documents is not required, and the amount paid for the
documents is nonrefundable.
The following plan room services may have obtained copies of the Bidding Documents
for the work contemplated herein:
McGraw-Hili Construction Dodge
2830 Winkler Avenue, Suite 104A
Ft Myers, FL 33916
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
TPA#1953633.11
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damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within one
hundred and eighty (180) calendar days from and after the Commencement Date
specified in the Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 10th day of October 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
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PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-12 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
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location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit Requirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. Right to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
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Section 5. Sianina of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
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opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material ReQuirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
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Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Award of Contract shall be issued to the lowest, responsive and qualified
Bidder determined on the basis of the entire Bid and the Owner's investigations of the
Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall
consider the capability of the Bidder to perform the contract in a timely and responsible
manner. When the contract is awarded by Owner, such award shall be evidenced by a
written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing
Department or his or her designee and delivered to the intended awardee or mailed to
awardee at the business address shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be made by the Board of
County Commissioners in public session. Any actual or prospective bidder who desires
to formally protest the recommended contract award must file a notice of intent to
protest with the Purchasing Director within two (2) calendar days (excluding weekends
and holidays) of the date that the recommended award is posted. Upon filing of said
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at the offices of the Purchasing Director.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
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Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an intemal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
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subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
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~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMYNISTRA TIVE SERVI CES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 774-8407
FAX (239) 530-6697
www.colliergov.net
ADDENDUM
DATE:
November 2,2006
TO:
Interested Bidders
FROM~Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum # 1 - 81D# 07-4074 -- "US 41 (SR 90) Tamiami Trail East
(Phase C: Rattlesnake Hammock - St. Andrews) Irrigation and Landscape
Installation"
. Add alternate for Soil:
1. Collier County to supply topsoil. The County is to supply topsoil during work week.
The contractor is responsible for fine grading, for additional weed control to
eliminate all weeds during the duration of the installation.
2. Collier County to supply topsoil. The County is to supply topsoil weekend. The
contractor is responsible for fine grading, for additional weed control to eliminate all
weeds during the duration of the installation.
. No lane closures until 4/15/07.
. MOT certs required / provide documentation with bid.
. Add Omni Reuse Locator Ball Quantities (See New Bid Schedule).
REPLACE:
Bid Schedule (Pages 1-4)
Q: Gallon size of plants does not correspond to height.
A: Bid plant height.
Q: Hoover Pump or equal?
A: Bid Hoover pump or Naples Motor Works. McGee to provide specifications for
Naples Motor Works Variable Frequency Drive.
If you require additional information please call Pam Lulich, Transportation Department at
239/774-8192 or me at 239/774-8446 or bye-mail atbrendabrilhart@colliergov.net.
cc: Pamela Lulich, Transportation Dept.
Enc: 1
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1682
Collier County US 41 East Rattlesnake to St. Andrews
Phase C Collier County Bid #07-4074 Specifications
Centrifugal Booster Pump System
Variable Frequency Drive
Fiberglass Enclosed
Model: VFD-CENT-1O-3-230
Purpose:
To provide a complete prefabricated variable frequency drive skid mounted fiberglass enclosed
pressure demand centrifugal pump system. The manufacture will manufacture, flow test, and
warrant the system to meet all specified operating requirements described below and in system
detail. The system shall be Model # VFD-CENT-l 0-3-230 as manufactured by Naples Electric
Motor Works, Inc. of Naples, FI USA 239-591-1313. This specification describes the general
components and minimal operating requirements and shall not be construed as a manufacturing
guide or complete list of required system components.
Frame:
The pump station will have a prefabricated welded 64"x 74" aluminum structural skid.
Aluminum supports will be provided for mounting of control enclosure. The frame shall be
installed on a reinforced concrete pad (see option) sized as noted on system detail.
Fiberglass enclosure:
The pump station will be completely enclosed by a Forest Green fiberglass enclosure 55"x 64" x
53" Enclosure is manufactured to ASSE 1060 specifications with a minimum 3116" thick
thixotropic resin reinforced with fiberglass strand, protected with 18 to 20 mils of UV isopthalic
polyester gel coat. The lockable flip top lid design allows access for maintenance with an
overlapping lid seam design for wcatherproofing and vandal resistance.
Pump and motor:
The pump will be a Berkeley model B2ZPLS close coupled centrifugal pump with back pull-out
design trom volute allowing easy removal and repair without disturbing piping connections. The
volute case, impeller, and motor adapter bracket will be cast iron type ASTM A48 Class 30. Thc
shaCt sleeve will be stainless steel type AISI 416SS. The shaft seal will be a mechanical type with
18-8 SS stainless steel metal parts, "Buna-N" rubber bellows, ceramic stationary seat, and carbon
rotating head. The motor will be TEFC rated 10 HP, 3450 RPM, 230 volt, 60Hz., 3 phase.
Pump Performance:
The required pump performance 175 GPM @ 75 PSI.
Irrigation pump controls:
The Variable Frequency Drive and all electronic control circuitry will be mounted in a fiberglass
NEMA 3R rated enclosure with a gasketed lockable-hinged door with stainless steel twist lock
latches.
Operation
The system utilizes a Variable Frequency Drive to operate as either a pressure demand start
reduced flow retirement or as a clock start from the irrigation controller. The station maintains a
16B2
fixed discharge pressure that compensates for varying flow demands within the capabilities of
the pump.
Soft Start/Stop
The system soft starts to the operating pressure and soft stops at retirement. System starting and
stopping can be either pressure demand no-flow retirement or clock start from the irrigation
controller.
Low Pressure Protection
The system will shut down if the pressure drops below a preset pressure for 30 seconds and a
low-pressure fault will be indicated. The system will remain off until reset.
Drive Fault
The drive has numerous overload and safety faults including phase loss, low/high voltage, high
current, internal heat sink overheat, ground fault, short circuit fault, the system will shut off and
the fault will appear on the operator display. All key parameters will also be recorded at the time
of fault and the last 10 faults are stored. The system will send a fault output to the Motorola
Controller and can reset via the Motorola Controller.
Over Heat Protection
The system has a thermal sensor in the volute of the pump, which sends a signal to the VFD
before high temperature damages equipment.
Fault Monitor
Fault monitoring and reset via Motorola controller (controller provided by others)
Protection Equipment
NEMA Type 3R fused disconncct with type R current limiting fuses.
Silicon Oxide Varistor voltage surge protection pcr phase.
Thermostat controlled cooling fan for control enclosure.
Variable Frequency Drive:
VFD with the following features; overload capacity nominal 110% for 60 sec 150% peak, power
loss ride-thru: 2 sec, auto restart after power loss or reset table fault, feedback signal loss
detection, 32 bit microprocessor logic, LCD keypad display,S lines x 16 characters back lit with
copy function, non-volatile memory/program retention, elapsed time monitor, RS-422/485 port:
Modbus protocol, meter functions: Volt, amp, kilowatt, MTBF 28 years.
Pressure Transmitter:
A 4-20ma pressure transducer will provide a feedback signal to the VFD PI control for constant
pressure control. The transmitter is CE recognized with 17-4 PI-! stainless steel housing and
meets NEMA 4 (IP65) protection ratings, and is shock rated 200 g and vibration rating of20 g
50-2000Hz. Pressure range is 0-100 PSI with a 300 PSI over pressure rating.
Flow meter:
^ normally closed hydrometer will provide total and rate display +/- 2% accuracy within its
rated flow range at 10 to 225 psi. A reed switch provides pulse output for flow monitoring by the
Motorola Controller.
2
1682
Self-Cleaning discharge filters:
Netafim Disc-Kleen filters with a maximum operating pressure of l40psi with 80 mesh filters
will be connected to the discharge manifold. Auto back flush controlled by the Motorola
Controller will be discharged to a 2" line into drywell (dry well provided by others).
During back flush alternating filter batteries are taken off line and flushed while the other battery
continues to filter water for the irrigation system. The filter discs will separate during back flush
cycle for optimal cleaning to the header.
Warranties:
The pumping station components will be warranted by the manufacturer for a period of one year
from date of manufacture.
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1682
1682 ;
ORIGINAL
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of Bid bond has been checked. and the Bid bond or
cashiers check has been included.
8. Any addenda have been signed and included.
9. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
11. The mailing envelope must be sealed and marked with:
<o>Bid Number;
<o>Project Name;
<o>Opening Date.
12. The Bid will be mailed or delivered in time to be received no later than the
specified openinq date and time. (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
re & Title
i1/1/ I7v
f f
DATE:
TPA#1953633,ll
GC-P-12
~2~'t-
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
US 41 (SR 90) Tamiami Trail East (Phase C: Rattlesnake Hammock - St. Andrews)
Irrigation and Landscape Installation
BID NO. 07-4074
Full Name of Bidder VI L" 1 s.....
Main Business Address 1'2. "1't5
Place of Business~~L6.s F,-
J
Telephone No. (H.y z.r., ~l\o1'f
State Contractor's License # Gr... -
~"bG{~f\\l6.. ~P.
L.1'hl-l6..~TllI-l ~
3,\ \ oS'
Fax No. ( '2:~0 'i ~'1 - S1"13
r:O(, 01"1~
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed fonn of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications, including Addenda issued
thereto and acknowledges receipt below:
Addendum
Number
$]
Date Issued
Contractor's
Initials4
II 1110(..
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your
bid pages.
---'
TPA#1953633.11
GC-P-1
16 B2 J
BID SCHEDULE
US 41 (SR 90) Tamiami Trail East (Phase C: Rattlesnake Hammock - St. Andrews)
Irrigation and Landscape Installation
Bid No. 07-4074
TP A#1953633.11
GC-P-2
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1682 PI
MATERIAL MANUFACTURERS
The Bidder is required to state below, material manufacturers it proposes to utilize on
this project. No change will be allowed after submittal of Bid. If substitute material
proposed and listed below is not approved by Engineer, Bidder shall furnish the
manufacturer named in the specification. Acceptance of this Bid does not constitute
acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR
BID WILL BE DEEMED NON-RESPONSIVE.
MATERIAL
MANUFACTURER
1.
2.
3.
\<ruz.o. 0..,., 01;1 <,,~I' \...\ E So
V,V\ ~SetJ
), \\ ~ 1>6l=.JtE
\1<Ef. r"-Q,,l"\
v.~~...lj)€<,
\~ I ~\ffi)J'3
~UM.? S-~rJ
4. II
_"1\1) PI::: pr per
\\-00\16(1...-
Clulf- +c;\~.L ~SV~J
5.
Dated \, bJ DIt,
BY:
TPA#1953633.11
GC-P-3
16B2
w' ;
~ ~
.
LIST OF SUBCONTRACTORS
The undersigned states that the following is a full and complete list of the proposed
Subcontractors it intends to use on this Project with respect to the categories of work
identified below, and that such list will not be added to nor altered without the prior
written consent of the Project Manager. The undersigned further acknowledges its
responsibility for ensuring that the Subcontractors listed herein are "qualified" (as
defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but
not limited to proper licenses, certifications, registrations and insurance coverage. The
Owner reserves the right to disqualify any Bidder who includes non-compliant or non-
qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is
found to be non-compliant with this requirement either before or after the issuance of
the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE
DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the
undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder
shall identify all Subcontractors it intends to use on the Project. The undersigned
further agrees that all Subcontractors subsequently identified for any portion of work on
this Project must be qualified as noted above.
Cateqorv of Work
Subcontractor and Address
~O"~\2- Rl-\PIIJG. S'I<;.Tt;.)J\
1.
1'''1-\'?
2.
:b 1 rf.(',{.;t'A.^, ( ~ i V)
Ld.fS..eAle- l)'lyu-t;""'tYll>villt'::3
<;f.0' 6D)C )t>~ '7
Lr/t2Jr-Lle) Fl. "3317S
3.
4.
5.
Dated
\\ P-4 \) to
BY:
TPA#1953633.11
GC-P-4
,ilf;'
~;'i ".
~
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Proiect and Location Reference
1. ~se COlL'QL (i,,",~ ~
U<; '1.\ ,,,
2. ~ (l)~~ .I,. ''<\M.~..\-) C.LI-li=)Z... Lo....ni ~
U'l\~"tl>~
3.
~~'S '\l.>.> (A'010JA y\l....,"'t. 10 VS.'iI)
( ~\..\.'G'-
C~V ~(
h"1
4.
1$ 1\\ Cf'JOI\4~ 111~ :ill)
CbL.l.'.tJL. Cou~T'1
ArM
5.
U\llo..ll.<;f"Oo..l ~. (U:.E c'd It'-lt ~
~....,.,..,. S"tw<;. ~. ')
(,..., hC;,J C,^Tf. -;",,\), (~1oJ-nI ~v.
\0 \.'" ,!oJ c.<;- t-pJ.J ')
Ltc C()U~ ho'T
(1.;0.) b<t'{ - 3~,LJ
(Ol-ll"6(1... c''''''T'-1 A;rM,
6.
Dated~
BY:
TPA#1953633.11
GC-P-5
1682
TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Failure to complete the above may result in the Bid being declared non-responsive.
Dated~
BY:
J
TPA#1953633.11
GC-P-6
16 B 2 "
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within one hundred and twenty
(120) consecutive calendar days, computed by excluding the commencement date and
including the last day of such period, and to be fully completed to the point of final
acceptance by the Owner within sixty (60) consecutive calendar days after Substantial
Completion, computed by excluding commencement date and including the last day of
such period.
Respectfully Submitted:
State of F l-
County of C......I~.2-
\J Sc ~IIJ(,. W. , being first duly sworn on
oath dep ses and says that the Bidder on the above Bid is organized as indicated and
that all statements herein made are made on behalf of such Bidder and that this
deponent is authorized to make them.
\111.1'>. ~ So..) LA"ls>so,R.A/IlC, ~. , also deposes and says
that it has examined and carefully prepared its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid; that the statements contained herein are true and correct.
J
TPA#1953633.11
GC.P.7
1682
(a) Corporation
The Bidder is a corporation organized and
(\-ollA W. ,which operates
\II'" ~sc,J l.....N~o.PIlJc.. C"P-J"
officers are as follows:
existing
under
under the laws of the State of
the legal name of
, and the full names of its
C. \Jlv..
Secretary ~""''b\\-\ 0 ~ \h,-",
\t \c.( ?~S. T""a;,urer \<\U,t;\.bo LEE'- '-
Gr-.A'AAl.-- Manager \>1\ \ L \ f' TIt~b r-v x
The ~82J\t. MAN O,rSe.. is authorized to sign construction bids
and contracts for the company by action of its Board of Directors taken
1'2. 1\'1 I<tS , a certified copy of which is hereto attached (strike
out this last sentence if not applicable).
President
,\IJ,'.~
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is
and if operating under a trade name, said trade name is
DATED
legal entity
TPA#1953633.11
GC-P-8
RESOULUTION OF BOARD OF DIRECTORS OF
1682
i
I
YILA & SON LANDSCAPING CORPORATON
At a Special Meeting of the Board of Directors of Vila & Son Landscaping Corporation, a
Florida corporation, held on December 19th .at 8:00 am, the following persons were present,
being all ofthe Directors and Officers of the corporation: Juan Carlos Vila, President; Ricardo
Leal, Vice-President; Ariel Caballero, Inigation Vice-President; Baudilio B. Vila, Vice
President, Secretary & Treasurer. A quorum being present, the following resolution was
unanimously adopted, and said resolution has not been amended, modified or rescinded:
Resolved, that with respect to contracts and subcontracts between Vila & Son Landscaping
Corporation and Owner's, General Contractors, ,and other organizations contracting with said
corporation to perfoffil landscaping & in'igation services, the following individuals are hereby
authorized to execute, contracts, subcontracts, b~lllds, monthly requests for payment and all
related releases of liens and, in addition are fmilter authorized to enter into Subcontractor's
Change Orders with the appropriate parties:
Charlie Loclcerson
Keith O'Neil
Ariel Caballero
Philip Thibeaux
General Manager,rWest Palm Beach Branch
General Manager,:Orlando Branch
General Manager,iMiami Branch
General Manager,:Ft. Myers Branch
There being no further business to come ,before Ihe meeting, it is upon motion duly made,
seconded, and unanimonsly carried, adjourned. .
'-.
IN WITNESS WHEREOF, I have signed this lR(lsolution the
)
: (Corporate Seal)
S' 'ATE OF FLORIDA
COUNTY OF DADE
On this 19th day of December, 2005 before me personally appeare AN CARLOS VILA and
RICARDO LEAL duly sworn, did depose and St\y that they arll1' resident and Yice President
respectively, of Vila & Son Landscaping CorpOJ:ation, the oJation described in and which
executed the foregoing Resolution; that they Imdw the s ; th t it was affixed to said instnIment
as such corporate seal; that it was so affixed by qrder f. he I'd of Directors of said
corporation and they si~ed th~ir names thereto by Vel'.
(Seal) #" ~ YOADANKA RIVERo, '
;.: , ,,\ ,MY COMMISSiON f DD 276766 l.~otary Public
, , i!. EXPIRES: Jantl8lY 3, 2008
My Commissi :Bwd8l;UlwI~(;Undarv.'lllm
...'
1682
5("Tlk(~ ~
~
' ~~ f)~&~~.iJ)
Witn ss Ii
BY:
~JJ\)$(,\Jl.\ \l4 Conf..
(Typed)
frltc4/1 (j t!.-r
STATE OF \=", Q~; d ""-
COUNTY OF Lo\\: IL"-
The foregoing instrument was acknowledged before me this -'i- day of No"! "'" "...-,
2006,by Vh;\:f \"-:'v-.",,"," ,as c;<,,,~, [Y\"",,,,~,,-,....-
of \J.\c, -+-<:".._ LG:k,I<rt>:'-' ~b r'(>_ ,a '\=1 D. ;cl<-.. corporatio, on
behalf of the corporation. \ie/she is personally known to me or has produced
- . as identification
and did (did not) take an oath.
My Commission Expires: ~'""''' ::>< ,'""" "i
~i' "'IP~ MARIE SHERIDAN
Ii: Q A MYCDMMISSIONIDD466249 NAME'.
~ ." EXPIRES, August 28 2009
~I' BondedTIlru NowyJlUblicU~rit9rs
s ~
( ig ature of Notary)
{y\ 0....: -<" S\...-.......:;clc..<--
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of ~I" ~: J.c-
Commission No.: D~ '-Ill '" ~"- '\
TPA#1953633.11
GC-p.g
1682,
BID BOND
Whereas, the Principal is about to submit. or has submitted to the Owner, a Bid for
furnishing all labor, materials. equipment and incidentals necessary to furnish, install,
and fully complete the Work on the Project known as
US 41 (SR 90) Tamiami Trail East (Phase C: Rattlesnake Hammock - St. Andrews)
Irrigation and Landscape Installation
Bid No. 07-4074
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days
after the date of a written Notice of Award in accordance with the terms of such Bid, and
give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract Documents with good and sufficient surety for the
faithful performance of the Agreement and for the prompt payment of labor, materials and
supplies furnished in the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to
Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $ 5% of Amount Bid noted above as liquidated damages, and not as a
penalty, as provided in the Bidding Documents, then this obligation shall be null and void.
otherwise to remain in full force and effect
TPA#1953633,11
GC-P-10
1682
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this 9th day of November , 2006.
BY
Corp.
Principal
(Seal)
Surety
(Seal)
ril L. Li ,onda Licensed Resident Agent
Local Resident Producing Agent for
Westfield Insurance Company
Inquiries: (407) 834-0022
TPA#1953633.11
GC-P-11
THiS PuWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
POWER # AND ISSUED PRIOR TO 05/11/03, FOR ANY PERSON OR PERSONS NAMED BELOW.
CERTIFIED COPY
POWER rl.6s&202
Westfield Insurance Co.
Westfield National Insurance Co.
Ohio Farmers Insurance Co.
Westfield Center. Ohio
General
Power
of Attorney
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company'" and collectively as "'Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
JACK W. GUIGNARD, BRYCE R. GUIGNARD. M. GARY FRANCIS, PAUL J. CIAMBRIELLO, APRIL L. LIVELY, JENNIFER L.
MCCART A. KATIE N. BIRD, MARGIE LYNN MORRIS, BRETT A. RAGLAND. JOINTLY OR SEVERALLY
of LONGWOOO and State of FL its true and lawful Attorney(sHn-Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship- ~ - - - - - - ~ - - - - - - - ~ ~ - - - - - ~ - - - - - - - - - ~ - - - - - - - - - - - ~ - ~ - - - - - - - - - - - - - -
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
"'Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.'"
"Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached."' (Each adopted at a meeting
held on February 8, 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHiO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 11th day of
MAY A.D.. 2003 . '
.............,.... .,,"''''''''''',
_ Corporate /" ,,"UR.( ''', ."" \ONAI '-"
Seals '-- ~ ,~.........!!p.,..", ~.~. ~1>;-~........;~~<5' ""~
Affixed !~/... ..... '\c;,\ ~~-Q..' "'~';.'
." Slc' J{ I ") f€/ \~\
i,~{. .u.tU.o,J.: ;>-\ SEAL Em;
..... ~ -:'~" :0:::
~~~ ~ /y -- o'
,.~.._~'./ -'--{::::...........::::::----/
State of Ohio . ~ "...""""
County of Medina ss.:
........\II~.S"Il"'....,...
~':"<' 'IlI;~"
J.!!.'t':-.......~''\
//;t~t.ljER;~~\
;'i;: qf :.~
..0. .:w,-
\~\ 1848 /~j
'\ . .... - .....~l
"0;."" "u..' .~.,~~~
,........01.....'..
WESTFIELD INSURANCE COMPANY
WESTFIELD NATIONAL INSURANCE COMPANY
OHIO FARMERS INSURANCE COMPANY
,
;r,
By:
Richard L. Kinnaird, Jr., Senior Executive
On this 11th day of MAY A.D., 2003 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly
sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD
NATIONAL INSURANCE COMPANY and OH10 FARMERS INSURANCE COMPANY, the companies described in and which executed the above
instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed
by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. ~
Notarial .,......'""............. d2 ~ .
Seal ..- ~\AL "
Affixed /t;,..~~,.~iiiilJ,.;;\
State of Ohio G~;,~)
County of Medina ss.: '. ~ ol' ~'
.........,.. e 0 f o"..~'~
..,...............,
William J. Kahelin, A rney at Law, Notary Public
My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
I, John T. H. Batchelder, Secretary of WESTFIELD INSURANCE COMPANY, WESTFiELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by
said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney
are in full force and effect.
in Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 9TH day of
NOVEMBER A.D., 2006
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John T. H. Batchelder, Secretary
BPOAC2 (combined) (06.02)
1682
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with Vila & Son Landscaping, Corp. ("Contractor") of
12745 Livingston Rd., Naples. FL 34105 a Florida corporation, authorized to do
business in the State of Florida, to perform all work ("Work") in connection with US 41
(SR 90) Tamiami Trail East (Phase C: Rattlesnake Hammock - St. Andrews)
Irrigation and Landscape Installation, Bid No. 07-4074("Project"), as said Work is set
forth in the Plans and Specifications prepared by McGee & Associates, the Engineer
and/or Architect of Record ("Design Professional") and other Contract Documents
hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: five hundred forty nine thousand
fifteen dollars and thirty seven cents ($549,015.37).
GC-CA-1
1682
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms.treas.qov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
rneet the requirements imposed by the Contract Docurnents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and Liquidated DamaQes.
A. Tirne of Perforrnance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within one hundred and twenty (120)
calendar days from the Commencement Date (herein "Contract Time"). The date of
Substantial Completion of the Work (or designated portions thereof) is the date certified
by the Design Professional when construction is sufficiently complete, in accordance
with the Contract Documents, so Owner can occupy or utilize the Work (or designated
portions thereof) for the use for which it is intended. Contractor shall achieve Final
Completion within sixty (60) calendar days after the date of Substantial Completion.
Final Completion shall occur when the Agreement is completed in its entirety, is
accepted by the Owner as complete and is so stated by the Owner as completed. As
used herein and throughout the Contract Documents, the phrase "Project Manager"
refers to the Owner's duly authorized representative and shall mean the Division
Administrator or Department Director, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
GC-CA-2
1682
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, six hundred and thirty
four dollars ($634.00) for each calendar day thereafter until Substantial Completion is
achieved. Further, in the event Substantial Completion is reached, but the Contractor
fails to reach Final Completion within the required time period, Owner shall also be
entitled to assess and Contractor shall be liable for all actual damages incurred by
Owner as a result of Contractor failing to timely achieve Final Completion. The Project
shall be deemed to be substantially completed on the date the Project Manager (or at
his/her direction, the Design Professional) issues a Certificate of Substantial Completion
pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any
right which it may have to seek to characterize the above noted liquidated damages as
a penalty, which the parties agree represents a fair and reasonable estimate of the
Owner's actual damages at the time of contracting if Contractor fails to Substantially or
Finally Complete the Work within the required time periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
G. Final Acceptance by Owner.
GC-CA-3
1682
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Exhibit 0:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by McGee & Associates
and identified as follows: US 41 (SR 90) Tamiami Trail East
(Phase C: Rattlesnake Hammock - St. Andrews) Irrigation and
Landscape Installation
as shown on Plan Sheets 1 through 43.
Contractor's List of Key Personnel
Stored Materials Record
GC-CA-4
1682
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
Pamela Lulich/Robert Petersen
Project Managers
Alternative Transportation Modes
2885 Horseshoe Drive South
Naples, Florida 34104
(239) 774-8192
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
Philip Thibeaux, General Manager
Vila & Son Landscaping, Corp.
12745 Livingston Rd.
Naples, FL 34105
(239) 267-9034
FAX: (239) 434-5793
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
GC-CA-5
1682
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire Agreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Change Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
GC-CA-6
1682
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
****
GC-CA-7
16B2
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
TVVO WITNESSES:
~~ f ~o ,,^~lwO
FIR T WITNESS
(Y\ 0 /~ e S''''~ /; rJ" ""'
. Type/Print Name
r\t\l1\QC)- ~
SECOND WITNESS
~. (\~ j
rl"1\(f9, (JII-\2.Y
Type/Print Name
Date: d!p<?/t;7
.1 I
ATTEST: ..,
D~~~-'
iffist IS to'Cl'l<<f~
s1gnature on I ~
Approved As To Form
and Legal Sufficiency:
P~~~WLL
Assistant County Attorney
CONTRACTOR:
Vila & So Landscaping Corp.
By:
~e,-
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
BY J,~tI#
GC-CA-8
1682
EXHIBIT A
PUBLIC PAYMENT BOND Executed in 3 Counterparts
U.S. 41 (SR 90) Tamiami Trail East (Phase C: Rattlesnake Hammock - St. Andrews)
Irrigation and Landscape Installation
Bond No. 0017333
Contract No. 07-4074
KNOW ALL MEN BY THESE PRESENTS: That Vila & Son Landscapin~ Corp., 4175
Buckin~ham Road, Ft. Myers, FL 33905 (239) 267.9034 , as Principal,
and Westfield Insurance Company , as
Surety, located at POBox 5001, Westfield Center, OH, 44251-5001 (800\ 430-1386
(Business Address) are held and firmly bound to The Board of County Commissioners of Collier County. Florida
as Obligee in the sum of FIVE HUNDRED FORTY NINE THOUSAND FIFTEEN & 37/1 OOTHS
($ 549,015.37 ) for the payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the 23rd davof
. . f us 41 (SR 90) Tamlaml Trail East (Phase C: Rattlesnake HammOCK - St. Andr6ws)
JanUary 2007, with Obligee or IrriQatlon and LandscaDe InstallatIon Contract No. 07-4074. Collier County. FL
in accordance with drawings and specifications, which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
rl-jE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Surety be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this 26th
day of February 2007, the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
Owner's Address:
3301 E. Tamiami Trail
Naples, FL 34112
(239) 774-8407
TPA#1953633.11
GC-CA-A-1
Signed. sealed and delivered
in the presence of:
1682
- ~(\~2~
~~ (Alp t7A LV:Y1[)o-:J
/'Witness&as to Principal
PRINCIPAL
BY:
NAME:
ITS:
'^' -J-
STATE OF Florida
COUNTY OF \ " ""-
The foregoing i~um~nt was acknowleqged before me this ,::;)&
20~,by \....,\;~ ~.~""","-^'1... ,as
Vila & Son Landscaping C p. , a Florida
corporation, He/she is personally known to me OR has produced
identification and did (did not) taKe an oath,
My Commission Expires: ~\ 1.0-\ \- ~ ::>-c.c-"l
day of t \,"" r ~
C;'", "'.,. /~,\ m"-"',^):JJ of
corporation, on beh If of the
as
"-;'~~~""
"~'{''J;'.~' MARIE SHERIDAN ,
~.~~ .':' MY COMMISSION # DO
I '{i;o~;;.i~-' , EXPIRES: Augusl2B :00986249
'"",,' OIIdedThruNolatyPuOlkU'
nderwrlters I.
NAME:
C/'--
S'
IA V"
,FFIX OFFICIAL SEAL)
Notary Public, State of Y\ () I':; cl """-
Commission No.: '\)~ q U.'f d-4 '\
ATTEST:
SURETY:
Westfield Insurance Company
(Printed Name)
POBox 5001
Westfield Center, OH, 44251-5001
(Business Address
(Auth .
ure)
urety
(Printed Name)
TPA#1953633, 11 .
GC-CA-A-2
.1e foregoing instrument was acknowledged
February, 2007, by
Attorne in Fact
Surety, on behalf of Surety.
Personallv Known
Inquiries: (407) 834-0022
STATE OF Florida
COUNTY OF Seminole
take an oath.
My Commission Expires:
KII1HlEEN II. CllIWSON
Nolar~ Public, Stale of FIOfld~
My comm. expo lIug. 30, 200
Comm. No. DO 351092
(AFFIX OFFICIAL SEAL)
TPA#1953633.11
OR
1682
orne I Florida Licensed Resident
(Attach Power of Attorney) Agent
April L. Lively
(Printed Name)
POBox 5001
Westfield Center. OH. 44251-5001
(Business Address)
(800) 430-1386
(Telephone Number)
26th
day of
as
He She
before me this
April L. Lively
of Westfield Insurance Companv
is personally known to me OR has produced
as identification and who €J,i€I (did not)
=r'~l-- 0.. ~r.-J
(Signature)
Name: Kathleen A. Clawson
(Legibly Printed)
Notary Public, State of: Florida
Commission No.: DD 351092
GC-CA-A-3
1682
EXHIBIT A ,
PUBLIC PERFORMANCE BOND
Executed in 3 Counterparts
U.S. 41 (SR 90) Tamiami Trail East (Phase C: Rattlesnake Hammock - St. Andrews)
Irrigation and Landscape Installation
Bond No. 0017333
Contract No. 07-4074
KNOW ALL MEN BY THESE PRESENTS: That Vila & Son Landscaping Corp., 4175 Buckingham Road,
Ft. Myers, FL 33905 (239) 267-9034, as Principal, and Westfield Insurance Company
as Surety, located
POBox 5001. Westfield Center. OH 44251-5001 (800) 430-1386
(Business Address) are held and
The Board of County Commissioners of Collier County, Florida
FIVE HUNDRED FORTY NINE THOUSAND FIFTEEN & 37/100THS
($ 549.015.37 ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
at
firmly bound to
, as Obligee in the sum of
WHEREAS, Principal has entered into a contract dated as of the 23rd day of
January 2007, with Obligee for
us 41 (SR 90) Tamiami Trail East (Phase C: Rattlesnake Hammock - St. Andrews) Irrigation and Landscape Installation Contract No. 074074, Collier County, FL
in accordance with drawings and specifications, which contract is incorporated by
reference and made a part hereof, and is referred to herein as the Contract.
-THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract;
and
2. Pays Obligee any and all
Obligee sustains because of any
not limited to, all delay damages,
losses, damages, costs and attorneys' fees
default by Principal under the Contract, including,
whether liquidated or actual, incurred by Obligee;
that
but
and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not affect Sureties
obligation under this Bond
The Surety, for value received, hereby stipulates and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to
be performed hereunder, or the specifications referred to therein shall in anywise affect
its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
Owner's Address:
3301 E. Tamiami Trail
Naples, FL 34112-3969
(239) 774-8407
TPA#1953633.11
GC-CA-A-4
This instrument shall be construed in all respects as a common law bond.
expressly understood that the time provisions and statute of limitations under
255.05, Florida Statutes, shall not apply to this bond.
lQ82
Section
no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this 26th
day of Februarv , 2007, the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
Signed, sealed and delivered
in the presence of:
b f\
.!'olt~~
~( D~CU'^~
/' Witnesses s to Principal .
PRINCIPAL
., . \': {' '---C~'v.€ ,~~
C...., ..........0:>,....(...\ ./'V"\n'. v- c:'- ~ ...Q:-
I
NAME:
ITS:
STATE OF Florida
COUNTY OF
Ie foregoing instrument wa~ckl1owledged before me this 'd-e. day of
~e \,,/~, ", , 2007, by \ \-, \. ~ "-T'-..~"CAA";'" as
C; -e on <> ~" I IY\<; ~"'5 ~ ./ . of Vila & Son Landscaping Corp. a
Florida' corporation, on behalf of the corporation. He/she is
personally known to me OR has produced
as identification and did (did not) take an oath.
~.
:;}~").e)(/\ ~
I (Signature)
S~ '^ >-ki~
My Commission Expires: I+",-~ '- ":. "r
/f!'iii::'~, MARIE SHERIDAN
!'( "Ji.";'1 MY COMMISSION # DD 466249
~~~:i' EXPIRES Aug'" 28, 2009
',p'f"n*' Bonc!edThruNolarypjJ~llcUndelWrilers
~ '
Name: a ,/ I <1.
(Legi Iy nnted)
Notary Public, State of: ~\ 0 -/. d. "--
Commission No.:----V"'V 1J,,'t ~q
Sk v;~ cl",,,",,
(AFFIX OFFICIAL SEAL)
TPA#1953633.11
GC-CA-A-5
ATTEST:
SURETY:
1682
Westfield Insurance Company
(Printed Name)
POBox 5001
Westfield Center, OH, 44251-5001
(Business Address)
:
(Authnri7p.d Si!'j"ature)
~wxJ~
U-~
Witne!lSes
OR
Witnesses as to Surety
April L. Lively
(Printed Name)
quiries: (407) 834-0022
POBox 5001
Westfield Center, OH, 44251-5001
(Business Address)
(800) 430-1386
(Telephone Number)
STATE OF Florida
COUNTY OF Seminole
My Commission Expires:
rnHLEEN A. CLAWSON
Notary Public, State of Florida
My comm. expo Aug. 3D, 2008
Comm. No. DO 351092
day of
in Fact
Surety, on
OR has produced
(did not) take an oath.
X ~ G... ~~.r---"
(Srgnature)
26th
,as Attorney
The foregoing instrument was acknowledged before me this
Februarv ,2007, by April L. Lively
of Westfield Insurance Company , a Ohio
behalf of Surety. He@ is personally known to me
Personally Known as identification and who €!i€I
Name: Kathleen A. Clawson
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of: Florida
Commission No.: DD 351092
TPA#1953633.11
GC-CA-A-6
Jt:RTIFIED COPY
It-, r?
..,.# ~ ""'''',0;
POWER NO. 099186202
Westfield Insurance Co.
Westfield National Insurance Co.
Ohio Farmers Insurance Co.
Westfield Center, Ohio
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
POWER # AND ISSUED PRIOR TO 05/11/03. FOR ANY PERSON OR PERSONS NAMED BELOW.
General
Power
of Attorney
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "'Company'" and collectively as "'Companies," duly
. organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
JACK W. GUIGNARD. BRYCE R. GUIGNARD, M. GARY FRANCIS, PAUL J. CIAMBRIELLO, APRIL L LIVELY. JENNIFER L
MCCARTA, KATIE N, BIRD, MARGIE LYNN MORRIS. BRETT A. RAGLAND. JOINTLY OR SEVERALLY
of LONGWOOD and State of FL its true and lawful Attorney(sHn-Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship. ~ . - - . - ~ - - - - - - - - - - - - - - - - - - - - - - - ~ . - - - - - - - - - - - - - - - - - . . . - - - - - - - . .
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE. OR BANK DEPOSITORY BONDS.
and to bind any ofthe Companies thereby as fully and to the same extent as If such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by-Its Secretary, hereby ratifying and confirming all that the said Attorney(s)~in-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
"Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and-is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(sHn-Fact to represent and act f9r
and on behalf of the Company subject to the following provisions: ' .
The Attorney~in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any_and all bonds,- recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminat~ng the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed _and attested by the Corporate Secretary."
"Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power. of attorney or any certifjcate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bo.nd or undertaking to which it Is attached," (Each adopted at a meeting
held on February 8, 2000),
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 11th day of
MAY A.D., 2003 . . '
.............
corporate "...-;'UR..."'...........
S~als ~<l~.............C#",
Affixed E.1i;'~' ..,. ..... C" \
{f;!SIHI \OV
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\ ~ "" "" ./....
StateofOhl~
County of Medina ss.:
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,., :\\ONAl../Jlu"
..~'r....~.....'v.s'.~.
f~""" .....~~\
,....: SEAL Om'
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WESTFIEL[} INSURANCE COMPANY
WESTFIEL[} NATIONAL INSURANCE COMPANY
OHIO FARMERS INSURANCE COMPANY
,
:Jz,
By:
Richard L. Kinnaird, Jr., Senior .Executive
On this 11th day of MAY A.D., 2003 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly
sworn, did depose and say. that he resides in Medina, Ohio; that he Is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD
NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described In and which executed the above
instrument; that he knows the seals of said Companies; that the seals affixed to said Instrument are such corporate seals; that they were so affixed
by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. ~
Nmarial ~t~~ ~ .
Seal r' ~~,~'~'~...s';" ,
Affixed ~..~\I!~.t'V)
--~E, ~...'~',''I''o~ William J. Kahelin, A rney at Law, Notary Public
State of Ohio . ~. My Commission Does Not Expire (See, 147.03 Ohio Revised Code)
County of Medina ss.: .~"''>'"1 ~/
'.',."'E- of' 0 ~
........................~
I, John T. H. Batchelder, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney, executed by
said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney
are in full force and effect '
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 26th day of
February A.D., 2007
.....0....,.......
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John T. H. Batchelder, Secretary
BPOAC2 (combined) (06-02)
1 t:) P2
..l!.. \" W
ACORD,. CERTIFICATE OF LIABILITY INSURANCE Page I DATE
1 of 3 02/22/2007
PRODUCER 877-945-7378 THiS CERTIFiCATE is iSSUED AS A MATTER OF iNFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
willis North America, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. o. Box 305191
Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC#
,
.-...--"---- ----- ---.. --..---... ---_.--- ..~---
INSURED Vila and Son Landscaping Corp ~SURERA WausauUnderwriters Inaurance Company 2'0'2-001
20451 SW 216 Street IN~~F3ERB: st. pau!.__!ire and Marine Ins_~rance Campan, 24767-004
Miami, FL 33170
~~RERCEmP10Yer~ Ina. of Wauaau - 21458-001
INSURER D ---- --
--
, INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED lOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAID CLAIMS.
I~ff ~g~ P8kt<f:~~~6g~E P8k~~YI~':'6~M-~N; -.-----
TYPE OF INSURANCE POLICY NUMBER LIMITS
I TBJZ91433738036 4/1/2006 4/1/2007 1 000
A ' X ~NERAL LIABILITY EACH OCCURRENCE S 000
DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES lEa occurence $ 300"Q.QQ_
- ~ CLAIMS MADE [iJ OCCUR ~.~D E/~ (Anyone person) , 5 . _Q..Q.L
f- -, -~ '- P_ERSONAL & ADV INJURY , 1 000 000
f- -, '__n__ I GENERAL AGGREGATE S bQQO 000
~~r'LAGGREGATE LIMIT APnS PER: PRODUCTS - COMPIOP AGG _L. 2 000 000
, -I :RO-
POLICY, X JECT LOC
A ~TOMOBILE LIABILITY ASJZ91433738026 4/1/2006 4/1/2007 COMBINED SINGLE LIMIT
$ 1,000,000
XJ ANY AUTO (Eaaccidenl)
C- ALL OWNED AUTOS BODILY INJURY
(Per person) ,
C- SCHEDULED AUTOS '-"'-'- -.--
f---- HIRED AUTOS BODILY INJURY
(Peraccidenl) ,
NON-OWNED AUTOS
- I -------,-- ---
-- H--
PROPERTY DAMAGE ,
{Per accident)
RRAGE LIABILITY , AUTO ONLY - EA ~~S:IDENT ,
I --_.
ANY AUTO OTHER THAN EAACC ,$ ---
, AGG I $
I I ! AUTO ONLY'
B EXCESS LIABILITY IQK06801494 4/1/2006 4/1/2007 EACH OCCURRENCE t: 5 000 000
.iJ OCCUR [] CLAIMS MADE ! AGGREGATE ~-~- 5 000 000
i I'
~1 ,
DEDUCTIBLE t$ _
X RETENTION , 10 00 , "
C WORKERS COMPENSATION AND TZCZ91433738065 4/1/2006 14/1/2007 1 WC STATU-d __ IOTH-
EMPLOYERS' LIABILITY X TORY L1MITS_. ER
ANY PROPRIETOR/PARTNER/EXECUTIVE ~~ACCIDENT 5 1. 0 Q_!L.QQQ...
OFFICER/MEMBER EXCLUDED? , ~~.:..I2.I3.EASE - EA EMPLOYEE, $ l.J'_..Q_Q..9-l-~
If yes, describe under 1 E.L. DISEASE - POLICY LIMIT ! $
SPECIAL PROVISIONS below 1 000 000
OTHER I
, I I
DESCRIPTION OF OPERA T10NSILOCA TIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Re: Contract No. : 07 -4074. 6541 (SR90). Tamiami Trail Estate
It is agreed that Collier County Government is included as an Additional Insured as respects to
General Liability.
It is further agreed that such insurance as is afforded shall be Primary with any other insurance
in force for or whi....h m""'" be ......ur....h""..ed bv Additional In''ured.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR
Collier County Government
Attn: Pam Lylich
3301 Tamiam~ Trail Purchasing Building
Naples, FL 34112
ACORD 25 (2001108)
Col1,1900437 Tp1,480268 Cert,8601820
@ACORDCORPORATION1988
16
n2,
t".
'-'
W1Ilrs CERTIFICATE OF LIABILITY INSURANCE Page 2 I DATE
of 3 02/22/2007
PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willis North America, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. D. Box 305191
Nashville, TN 372305191 1'''"'''' mo''''" 00"","' NAIC#
=,------ ,._~ -------" -- -- ---
INSURED vila and Son Landscaping Corp INSURER A Wausau Underwr~ters Insurance Company 26042-001
20451 SW 216 Street INSURE~~ St. Paul F~re and Marine Insurance Campan 24767-004
Miami, FL 33170
I!':JSURERC ~ployer.! Ins. of Wausau __ 21458-001
INSURER D
I !INSURER E:
DESCRIPTION OF OPERA TIONSILOCA TlONSNEHICLESIEXCLU510NS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
It is understood and agreed that the company waives its right of subrogation against Collier
County Government which may arise by reason of a payment of claim under the General Liability and
Worker's Compensation policy.
Coll,1900437 Tpl,480268 Cert,8601820
Page 3 of 3
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed, A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy. certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
Coll,1900437 Tpl,480268 Cert,8601820
1682
POLICY NUMBER: TBJZ91433738036 COMMERCIAL GENERAL LIABILITY
NAMED INSURED: Vila and Son Landscaping Corp
This Endorsement Changes the Policy. Please read it carefully.
Additional Insured - Owners, Lessees or Contractors (Form B)
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
Name of Persons or Organization:
Collier County Government
(If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of "your work"
for that insured by or for you.
CG20101185
Includes Copyrighted Material of Insurance Services Office, Inc. with it's permission.
Copyright, Insurance Service Office. Inc, 1984
1682
EXHIBIT B
INSURANCE REQUIREMENTS
(1) The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed
minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and
amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole
responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the Project by the Owner or as specified in this
Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the Owner and in the fonn set forth in
Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice
of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place
the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of
All insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner.
\0) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of
policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor
shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor
from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor
hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance
program carried by the Owner applicable to this Project.
(7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or
agreement by the Owner that the insurance requirements have been satisfied or that the insurance
policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors work, insurance of the types and to the limits specified in this
Section unless such insurance requirements for the Subcontractor are expressly waived in writing by
the Owner.
an Should at any time the Contractor not maintain the insurance coverage's required herein, the
mer may terminate the Agreement or at its sole discretion shall be authorized to purchase such
GC-CA-B-1
1682
..coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse
Nner for such costs within thirty (30) days after demand, Owner has the right to offset these costs
trom any amount due Contractor under this Agreement or any other agreement between Owner and
Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage's purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
(10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or
replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their
expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be
considered justification for the Owner to terminate the Agreement.
(11) All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.1 All insurance policies, other than the Business Automobile and Workers Compensation
policies, provided by Contractor to meet the requirements of this Agreement shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under
this Agreement and shall contain a severability of interests provisions.
11.2. Companies issuing the insurance policy or policies shall have no recourse against
Owner for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Contractor.
11.3. All insurance coverages of Contractor shall be primary to any insurance or self-
insurance program carried by Owner applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by Contractor shall not apply to any
insurance or self-insurance program carried by Owner applicable to this Project.
11.4. The Certificates of Insurance, which are to be provided on the form set forth in
Attachment I to this Exhibit B, must identify the specific Project name, as well as the site
location and address (if any).
11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
11.6. All insurance policies to be provided by Contractor pursuant to the terms hereof must
expressly state that the exclusive venue for any action concerning any matter under
those policies shall be in the appropriate state court situated in Collier County, Florida.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? ~ Yes _ No
1.1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
mtractor during the term of this Agreement for all employees engaged in the work under this
GC-CA-B-2
1682
,_Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall
ot be less than:
a, Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability
2L $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the Owner and the policy shall be
so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work. (check one)
o Applicable ~ Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work. (check one)
o Applicable ~ Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X Yes _ No
(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,
Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage. Limits of Liability shall not be less than the following:
1- General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit
under LIMITS OF INSURANCE applies separately to each of your projects away from premises
owned by or rented to you."
(3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such
"'verage shall be primary to any similar coverage carried by the Owner.
GC-CA-B-3
1682
~4) Coverage shall be included for explosion, collapse or underground property damage claims.
,:i) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement. (check one)
o Applicable IZ]Not Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if
applicable to the completion of the work under this Agreement. (check one)
o Applicable IZ] Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property required to be covered,
whichever is earlier. This insurance shall include interests of the Owner, the Contractor,
Subcontractors, Sub-subcontractors and Material Suppliers in the Work.
) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover
.easonable compensation for Professional's services and expenses required as a result of such
insured loss. At the Owner's option, flood and windstonn insurance will also be purchased.
(3) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for
any deductible associated with the all-risk policy described above shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents. The responsibility of the Contractor for any deductible associated with the flood or
windstonn insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit.
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors
and Sub-subcontractors in the Work.
GC.CA-B-4
16B2
.16) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
IY of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
LJesign Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall
provide waivers of subrogation by endorsement or otherwise.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made
payable to the Owner for the insured, as their interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? L Yes _ No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:
Bodily Injury & Property Damage - $ 500,000
~ Bodily Injury & Property Damage - $1,000,000
Bodily Injury & Property Damage - $ 2,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability,
and Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
GC-CA-B-5
1682
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
JUNTY OF COLLIER
STATE OF FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated , 2006 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies. lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed. have been fully satisfied and paid.
(3) To the maximum extent permitted by law. Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2006, by
,as of ,a
corporation. on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No,:
TPA#1953633,11
GC-CA-C-1
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
1682
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
= Less Retainage $
Less previous payment (s) $
% AMOUNT DUE THIS
% APPLICATION: $
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
AlTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
JNTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
TPA1I1953633.11
GC-CA-D-1
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EXHIBIT E
CHANGE ORDER
TO:
Project Name:
Bid No.:
Change Order No.:
Change Order Description
FROM: Collier County Government
Construction Agreement Dated:
Date:
Original Agreement Amount .......... ...........,....... ....'.. .............. .... ..... $
Sum of previous Change Orders Amount .......................................$
This Change Order Amount ......,...................................................$
Revised Agreement Amount ...... ........ ... ......... ...... ............... ...... ..... $
Original Contract Time in calendar days
Adjusted number of calendar days due to previOUS Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and
will be performed subject to all the same terms and conditions as contained in the Agreement, as if
the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall
constitute a full and final settlement of any and all claims of the Contractor arising out of, or related
to, the change set forth herein, including claims for impact and delay costs.
Prepared by:
Date:
Project Manager
Recommended by:
Date:
Design Professional
Accepted by:
Date:
Contractor
Approved by:
Date:
Department Director
Approved by:
Date:
Division Administrator
Approved by:
Date:
Purchasing Department
Authorized by
Director
(For use by Owner: Fund
Number: )
Date:
Cost Center:
Object Code:
Project
GC-CA-E-3
1682
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
Design Professional's Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL. and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto, This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
TPA#1953633,11
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1682
The responsibilities between OWNER and CONTRACTOR for security, operation, safety. maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on
,2006
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2006
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2006
OWNER
By:
Type Name and Title
TPA#1953633,11
GC-CA-F-2
Bid No.:
Contractor:
1682
EXHIBIT G
FINAL PAYMENT CHECKLIST
Project No.:
Date:
,2006
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase,
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14, Other:
If any of the above is not applicable. indicate by N/A. If NO is checked
for any of the above. attach explanation.
Acknowledgments:
By Contractor:
(Company Name)
(Signature)
(Typed Name & Title)
By Design
Professional:
(Firm Name)
(Signature)
(Typed Name & Title)
By Owner:
(Department Name)
(Signature)
(Name & Title)
TPA#1953633.11
GC-CA-H-1
1682
EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
TPA#1953633.11
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local conditions, and particularly, but without limitation, with respect to the following:
those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
TPA#1953633,11
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1682,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday
through Saturday. Lane closures are only permitted between the hours of 9:00 a.m.
and 3:30 p.m. No work shall be performed outside the specified hours without the prior
approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
TPA#1953633.11
GC-CA-H-4
1682
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each subsequent Application for Payment, Contractor also shall
complete and submit to Owner as part of its Application for Payment, the Stored
Materials Record attached hereto and made a part hereof as Exhibit O.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner. The Project Manager shall have the discretion to establish, in writing, a
schedule to periodically reduce the percentage of cumulative retainage held through out
the course of the Project schedule. Owner reserves the right to reduce the amount of
the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing
Policy.
TPA#1953633,11
GC-CA-H-5
16
po
,
i.:
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
4.7 Each Application for Payment shall be accompanied by a Release and Affidavit,
in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full
for all materials, labor, equipment and other bills that are then due and payable by
Owner with respect to the current Application for Payment. Further, to the extent
directed by Owner and in Owner's sole discretion, Contractor shall also submit a
Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the
form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor
or supplier has been paid in full through the previous month's Application for Payment.
The Owner shall not be required to make payment until and unless these affidavits are
furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
TPA#1953633,11
GC-CA-H-6
16B2
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
TPA#1953633.11
GC-CA-H-7
1682
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific rneans, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reirnburse
TPA#1953633.11
GC-CA-H-8
1682
-
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
8.1.3
personnel;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
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and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
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extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the fonn attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
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Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of frfteen
percent (15%). All compensation due Contractor and any Subcontractor or
sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim.
Claims not settled by the aforesaid procedure, shall be resolved according to the
Dispute Resolution Procedure copies of which are available in the County Attorney's
Office or Purchasing Department. All Claims shall be priced in accordance with the
provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
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12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
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upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
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16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
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entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
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employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
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20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
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to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
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Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Builder or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
TPA#1953633.11
GC-CA-H-20
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Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perfonn the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
TPA#1953633.11
GC-CA-H-21
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24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
TPA#1953633,11
GC-CA-H-22
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27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
TPA#1953633.11
GC-CA-H-23
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substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
TPA#1953633.11
GC-CA-H-24
16 Be:
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (OS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.neUpurchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FOOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor
shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
TPA#1953633.11
GC-CA-H-25
1682
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
TPA#195363311
GC-CA-H-26
16B2
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner will be an additional insured on
all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties
directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the
subcontract or purchase order. Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract, copies of the Contract
Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
TPA#1953633.11
GC-CA-H-27
16R?
~... .....,,-.
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
34.1.4
34.1.5
34.1.6
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
TPA#1953633.11
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment PurchaselDelivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
GC-CA-H-28
34.1.12
34.1.13
34.1.14
34.1.15
34.1.16
34.1.17
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
1682
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
TPA#1953633.11
GC-CA-H-29
TPA#1953633.11
1682
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
GC-CA-I-1
1682
EXHIBIT J
TECHNICAL SPECIFICATIONS
TPA#1953633.11
GC-CA-J-1
1682
EXHIBIT K
PERMITS
TPA#1953633.11
GC-CA-K-1
1682
EXHIBIT L
STANDARD DETAILS
TPA#1953633.11
GC-CA-L-1
1682
EXHIBIT M
PLANS AND SPECIFICATIONS
TPA#1953633.11
GC-CA-M-1
16 8'2
CONSTRUCTION AND CONTRACT TIME LINE SCHEDULE
US 41 (SR 90) Tamiami Trail East (Phase C: Rattlesnake Hammock. St. Andrews)
Irrigation and Landscape Installation
BID #07-4074
DATE CERTAIN CONTRACT AND/OR CONSTRUCTION ACTIVITIES
DATE: CONTRACT AWARD
DATE: NOTICE TO PROCEED
DATE:
DATE:
;!;!;t~X;!1~fJ~9r PROJECT SUBSTANTIAL COMPLETION OBSERVATION
CREATE OBSERVATION PUNCH LIST FOR
ENTIRE PROJECT
DATE:
DATE:
PAiilj)t~~i! Ii DA YS TO MAKE OBSERVATION PUNCH LIST CORRECTIONS
DATE:
DATE:
QA;Yi)~?H\mii FINAL COMPLETION OBSERVATION
COLLIER COUNTY, DESIGN PROFESSIONAL
DATE:
DATE:
_._-_..-.,.-.,-,,-...-..,-..-'_..,...-,-----.-.-,-........-....'_......-.,..,:....,..
;Q8~i)l!P'*lll!!ii FINAL ACCEPTANCE NOTIFICATION
DATE:
Ij~M~NIftS .iANNUAL WARRANTY OBSERVATION
DATE:
CORRECTIONS & NOTIFICATIONS
WARRANTY ACCEPTANCE NOTIFICATION
COLLIER COUNTY. DESIGN PROFESSIONAL
APPROVED BY:
DATE:
DESIGN PROFESSIONAL
DATE:
COLLIER COUNTY
TRANSPORTATION DEPARTMENT
DATE:
CONTRACTOR
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
TPA#1953633.11 GC-CA-N-1
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MEMORANDUM
Date:
March 21, 2007
To:
Brenda Brilhart, Purchasing Agent
Purchasing Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Contract #07-4079:
"US 41 (SR 90) Tamiami Trail East Phase E (Barefoot
Williams to Collier Boulevard) Irrigation and Landscape
Installation 1 ""
Contractor: Hannula Landscaping, Inc.
Attached please find three (3) original contracts, as referenced above,
(Agenda Item #16B3), approved by the Board of County Commissioners
on Tuesday, January 23, 2007.
An original has been retained in the Minutes and Records Department
and one has been sent to the Finance Department.
If you should have any questions, please contact me at 774-8411.
Thank you.
Attachments (3)
ITEM NO.:
,);~;-i(_.A= (J( j I-it
,"I 'NTY ArORr'r\
DATE RECE~~~: . 1 . \j[ 1 6 B 3
2001 MAi( 19 PH 3: 08
FILE NO.:
o 7- I'Jfc - OCJb Y c9
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date:
March 15,2007
To:
Robert Zachary
Assistant County Attorney
From:@
Brenda Brilhart,
Purchasing Agent
Re:
Contract #07-4079 "US 41 (SR 90) Tamiami Trail East Phase E (Barefoot
Williams to Collier Boulevard) Irrigation and Landscape Installation I"
Contractor: Hannula Landscaping, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on January 23,2007
Agenda Item: 16.B.3
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
c C/ r<Jt/Z.-
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1603
,
Memorandum
DATE:
March 15, 2007
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TO:
Wayne Fiyalko, Senior Analyst
Risk Management Department
FROM: (,~ Brenda Brilhart, Purchasing Agent
Purchasing Department
RE:
Review of Insurance for: #07-4079 "US 41 (SR 90) Tamiami Trail East
Phase E (Barefoot Williams to Collier Boulevard) Irrigation and
Landscape Installation I"
Contractor: Hannula Landscaping, Inc.
This Contract was approved by the BCC on January 23, 2007 Agenda 16.B.3
Please review the Insurance Certiticate and Payment and Performance Bonds in this
Agreement for the referenced Contract. If everything is acceptable, please forward to thc
County Attorney for further review and approval. I would appreciate it if you would
advise me when it has been forwarded.
If you have any questions, please contact me at 239/774-8446.
cc: Pam Lulich, A TM/Transportation
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TPA#1953633,11
US 41 (SR 90) Tamiami Trail East Phase E
(Barefoot Williams to Collier Boulevard)
Irrigation and Landscape Installation
COLLIER COUNTY BID NO. 07-4079
COLLIER COUNTY, FLORIDA\
Project # 600451
Design Professional:
McGee & Associates
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
1683
TABLE OF CONTENTS
1683
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. . AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by McGee & Associates
and identified as follows: US 41 (SR 90) Tamiami Trail East
Phase E (Barefoot Williams to Collier Boulevard) Irrigation and
Landscape Installation
as shown on Plan Sheets 1 through 43.
EXHIBIT N: Contractor's List of Key Personnel
EXHIBIT 0: Stored Materials Records
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
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US 41 (SR 90) Tamiami Trail East Phase E (Barefoot Williams to Collier Boulevard)
Irrigation and Landscape Installation
COUNTY BID NO. 07-4079
Separate sealed bids for the construction of US 41 (SR 90) Tamiami Trail East Phase
E (Barefoot Williams to Collier Boulevard) Irrigation and Landscape Installation,
addressed to Mr. Steve Carnell, Purchasing Director. will be received at the Collier
County Government Complex, 3301 Tamiami Trail East, Purchasing Building,
Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the
15th day of November 2006, at which time all bids will be publicly opened and read
aloud. Any bids received after the time and date specified will not be accepted and
shall be returned unopened to the Bidder.
A non-mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 9:30 a.m. LOCAL TIME on the 2nd
day of November 2006, at which time all prospective Bidders may have questions
answered regarding the Bidding Documents for this Project.
_Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County. US 41 (SR 90) Tamiami Trail East Phase E (Barefoot
Williams to Collier Boulevard) Irrigation and Landscape Installation, Bid No. 07-
4079 and Bid Date of November 15, 2006. No bid shall be considered unless it is made
on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule
(GC-P-1 through GC-P-12) shall be removed from the Bidding Documents prior to
submittal.
One contract will be awarded for all Work. Bidding Documents may be examined at the
Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida
34112.
Copies of the Bidding Documents may be obtained only at the offices of the Purchasing
Department. upon payment of $25.00 for each set of docurnents to offset the cost of
reproduction. Return of the documents is not required, and the amount paid for the
documents is nonrefundable.
The following plan room services may have obtained copies of the Bidding Documents
for the work contemplated herein:
McGraw-Hili Construction Dodge
2830 Winkler Avenue, Suite 104A
Ft. Myers, FL 33916
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Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within one
hundred and eighty (180) calendar days from and after the Commencement Date
specified in the Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 16th day of October 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TPA#1953633,11
GC-PN-2
PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
16 ~'>
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1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-12 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
TPA#1953633.11
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location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit Reauirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. Riaht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
TPA#1953633,11
GC-IB-2
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Section 5. Si~mina of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
TPA#1953633.11
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1683
opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Requirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
TPA#1953633,11
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Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Award of Contract shall be issued to the lowest, responsive and qualified
Bidder determined on the basis of the entire Bid and the Owner's investigations of the
Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall
consider the capability of the Bidder to perform the contract in a timely and responsible
manner. When the contract is awarded by Owner, such award shall be evidenced by a
written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing
Department or his or her designee and delivered to the intended awardee or mailed to
awardee at the business address shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be made by the Board of
County Commissioners in public session. Any actual or prospective bidder who desires
to formally protest the recommended contract award must file a notice of intent to
protest with the Purchasing Director within two (2) calendar days (excluding weekends
and holidays) of the date that the recommended award is posted. Upon filing of said
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at the offices of the Purchasing Director.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
TPA#1953633.11
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Section 13. Sales Tax
16 (J
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13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The SuccesSful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
TPA#1953633,11
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subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
TPA#1953633,11
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16B3
~ COLLIER COUNTY GOVERNMF.NT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34H2
(239) 774-8407
FAX (239) 530-6697
www.colliergov.net
ADDENDUM
DATE:
November 8, 2006
TO:_-,:,~Interested Bidders
I \~:)
FROM:~' Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum #1 - BID# 07-4079 - "US 41 (SR 90) Tamiami Trail East Phase E,
(Barefoot Williams to Collier Boulevard) Irrigation and Landscape
Installation
. Lane Closures are not allowed until 4/15/07
. County supplies all Motorola controllers, meters, permits, impact fees, etc.
. Work days are Monday through Saturday
REPLACE: Bid Schedule (Pages 1-4) -- Bidders must use the Addendum Bid Schedule
Pages in order to be considered for award,
If you require additional information please call Pam Lulich, Transportation Department at
239/774-8192 or me at 239/774-8446 or bye-mail atbrendabrilhart@colliergov.net.
cc: Pamela Lulich, Transportation Dept.
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CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ORIGINAL
16tl
03
US 41 (SR 90) Tamiami Trail East Phase E (Barefoot Williams to Collier Boulevard)
Irrigation and Landscape Installation
BID NO. 07-4079
Full Name of Bidder Ho.t.ltJ\AI\c... lo\'.v~s(."fi'llla :t:lIlc.
Main Business Address ~'&r\. \ GIA....;h tJe,~+ LQ"'~ B.oN;k ~flt.~~ I FJIIW,'.L" '1'11!.S'
Place of Business le-<.. CO\AN~ ~;~ S,~~1. Ft",,-j.4
Telephone No. ~~li.q,qa..?;;lIO Fax No. ~3"l.4ltg- ~~~g
State Contractor's License # N/A C~\\I'M C~~ \..it~ tJ.....4t. 1~"i10 '1:1.\'117
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications, including Addenda issued
thereto and acknowledges receipt below:
Addendum
Number
()I'l~
Date Issued
Contractor's
Initi~kt
t\I f'l~fM. ~ f\. ')40'
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your
bid pages. '
TPA#1953633.11
GC-P-1
BID SCHEDULE C -.
US 41 (SR 90) Tamiami Trail East Phase E (Barefoot Williams to Collier Boulevard)
Irrigation and Landscape Installation
Bid No. 07-4079
TPA#1953633,11
GC-P-2
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MATERIAL MANUFACTURERS
1683
The Bidder is required to state below, material manufacturers it proposes to utilize on
this project. No change will be allowed after submittal of Bid. If substitute material
proposed and listed below is not approved by Engineer, Bidder shall furnish the
manufacturer named in the specification. Acceptance of this Bid does not constitute
acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR
BID WILL BE DEEMED NON-RESPONSIVE.
MATERIAL
1. L
~;S..t,VN C"'"'fol\lelVl!.
2.
Mce~ A.J~ ~R.wl.~
5.
M",,\~
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ro.>lM-~
MANUFACTURER
T<)~o, 14...~, L.~. N~\.s<>N
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r\~~.l" N"".ue.ei e.}
~e~~ ae~o"'R.~.1
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3.
4.
Dated tvlN~ \5, ~"
~N~INI" L~-""'H~ :/He.
W~~
BY:
TPA#1953633.11
GC-P-3
LIST OF SUBCONTRACTORS
!
The undersigned states that the following is a full and complete list of the proposed
Subcontractors it intends to use on this Project with respect to the categories of work
identified below, and that such list will not be added to nor altered without the prior
written consent of the Project Manager. The undersigned further acknowledges its
responsibility for ensuring that the Subcontractors listed herein are "qualified" (as
defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but
not limited to proper licenses, certifications, registrations and insurance coverage. The
Owner reserves the right to disqualify any Bidder who includes non-compliant or non-
qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is
found to be non-compliant with this requirement either before or after the issuance of
the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE
DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the
undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder
shall identify all Subcontractors it intends to use on the Project. The undersigned
further agrees that all Subcontractors subsequently identified for any portion of work on
this Project must be qualified as noted above.
1.
Cateaorv of Work
r(A.~
Subcontractor and Address
5.
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N ES i~<t--ffil., S".{e.-fd
I1~OS 7.....,.. s#t..e'f A.N(JtlIU.FL S3m
2.
~ia..vf;'oN
3.
S;-tct.. wd~k
4.
\:)lJ2.e~\)lIIC01\ C?tM.1:;
Dated I\.l~ IS-\,\;)D06
~4<V,v1ol< III L -.J J C"';1ft~ ;f.t...
(j~~
BY:
TPA#1953633.11
GC-P-4
16B3
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
STATEMENT OF EXPERIENCE OF BIDDER
Proiect and Location
Reference
1.
L.v.~.sJ,.,J Ro"'~ : N~r.\ RU4.'.4
4.
to~ sU tJ"'P-lM. -flrll't;J1
(}oll.'Ut f.lMI'Ia ~3'l.1/1f- ~o/,~
{Y\tt. Bo ~ e~,.I
C4J1,'efl ('o...~ ~3'l. TJ'1.l!1Jt
/nft Bel {,. f ek.cuN
Coll.'WL ~/J~ ~3.,-n'1-a1"lJ
M.,5 ~ lilt!.''''/''
_~.1g of ~"f-k.j' ~lq-~I!''5W~
MK.. T~~ M,le lQ.W\
C./I;~ CO"...'b .;l.~', 7/'f-klf't'l
Mil. 13.. b (>~~ (nit 0'll(0' i.v',..,)
e.cdlletl {'D~ ')17- 77,-1'1"'1
1Vl1'L (Sell. "... ./e.tstMl
~1\,AJ,4I\4I{1I L~scv~ -.:JATe.
~er. AiL--,
U~~ -
2.
t;D6J~ /p,'~ f\':~~ t20~
1V~lc..\ 'Ffl"j ~
3.
'\:J.....i~ ~""'~~ N~~J.
5.
l'i~ ~: ~ R.o~ tv+ ft....:.4.
6.
A')<.fM-t ~ocv1 f'J"1'c..J f/M:~
Dated NcNew'lb IS' ;)0;)'
.
BY:
TPA#1953633,11
GC-P-5
"?' /'
m!!I 'MU'U'.~, m
DUE !ill" !
20th 06126J06 Nnrlhbrooke Prof, Bulldin -1"~
Tea OlumniA Pointe 6-1352
ON HOLD Ramsev Rl!!Isidllllnce -1370
ON HOLD Thnm'<<on r.on!or 6-134
20 09101106 Voron. W'lk Tnwn r.onto 6-"3
20 10101106 V'II.no W'I' Tnwn ren"~'.'34
20 10/01/06 Wilson Blvd. Center -13511
NEW PROJECTS
m!!I JOO .>M. . w'" o!QI
DUE QAU !
20 TeD Watorlar" 1-1366
20 TeD ~"n"ust BAnk- peeble RriB_1M
20 Tea FI"'r"ncia fRl The rolen" -137
UC TeD Intornatlonal r.nllone -1391
10 TeD >V' M'ri' K." 1-1381
ue TOO IN""h er Trea .139
ue TBO Wr.1 Washinn!onia 6-1~4
UC TeD
ue TeD
we Tea
ue Tea
ue TeD
ue TOO
ue TeD
ue Tea
UC TeD I
IAN=EQI "nA .AM'. WI' I"? I
DUE MTo
TeD A"'ua Line Sheres Rile" P 6.137
we TeD Clewis ton -138
TBD Golrlen Gete nvernAs' -134
TBO Golden Gate Blvd. 6-134
ue TeD Golden Gate Pk~ Turn 6-138
we TBO LCPA AFM F"i1I'" -139
TeD pnrt of the l'lan"' ;-137
ue Tea 11541 W.tor ~o"rco -139
ON HOLD Allen Hanner Prniect 6-1340
20 03107/05 Azure t8J Bonita Sav 1-12'.
20 05/01/05 Back Bav Marina 4-1257
TBD Br,..z....ki R,....jrien"'''' 6-136
TeD Cnslttl::and Center Mall -137
ue TBD C"'ll""cti"'ns I8J Vanderbilt 6-139
TeD Cnr'll okes 6-135
20 TeD I..torn Ba"sidO roo"n 6-135!
TBD I"'ulf rn..t Tnwn ronter 16-1356
we TeD H...,ss Station #94AQ 16-139
ue TeD Kena Grille Nanles 6-140
20 TeD Kraft Con..tructjon Head 6-1371
20 TeD Lemurla Coach Homes ..1278
20 TBD Mannelia Snuare 6-136
20 TBD Navona '"' The Cnlnnv 1322
Confidential
Confidential
TRENCH SAFETY ACT
16 fl
r," "Z
L.,4...)
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety
Measure
(Description)
Units of
Measure
(LF,SY)
Unit
(Quantity)
Unit
Cost
1.
2.
b 1=Ocl1-
L. P\-.
5000
.soq
3.
4.
5.
TOTAL
$ ~'500 ."Jl
Extended
Cost
· ~SOO.Cl
Failure to complete the above may result in the Bid being declared non-responsive.
~NN"'~ L.....Jsc<<f.~ :Hv,.
()~;
Dated Nw~ 15 ~oO{.
I
BY:
TPA#1953633.11
GC-P-6
'-..--1' ;:
J'
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within one hundred and twenty
(120) consecutive calendar days, computed by excluding the commencement date and
including the last day of such period, and to be fully completed to the point of final
acceptance by the Owner within sixty (60) consecutive calendar days after Substantial
Completion, computed by excluding commencement date and including the last day of
such period.
Respectfully Submitted:
State of
County of
FI 1M: ~,
Lee
UCl\l~ E !:k,v.Al\4'/1I , being first duly sworn on
oath deposes and says that the Bidder on the above Bid is organized as indicated and
that all statements herein made are made on behalf of such Bidder and that this
deponent is authorized to make them.
b "il~ F. i'kN,vW~ , also deposes and says
that it has examined and carefully prepared its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid; that the statements contained herein are true and correct.
TPA#1953633.11
GC-P-7
(a) Corporation
The Bidder is a corporation organized and
FI Ole; J.. , which operates
I-l-AN_l~ l........4~G..,..'"'a ~.
officers are as follows:
President DQ/k ~M,'-d~ H..l\1...""l(
.
Secretary D.v\.. ~'Z'k ~NWl.t
Treasurer Dw~ ~Ilh~_'~ j.!...JV.Ml'tI"
Manager U/MYI\lN H-~M,v\~1
The fl{(~~i ~~ D..\~ r. )4..~.v\Aik is authorized to sign construction bids
and contracts for the company by action of its Board of Directors taken
\.:)CG"""'~ 'Z~ 1'11<. , a certified copy of which is hereto attached (strike
out this last sentence if not applicable).
1683
existing under the laws of the State of
under the legal name of
, and the full names of its
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
/VIA
.
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is N I A
and if operating under a trade name, said trade name is
DATED NlN~ IS, ;>'00,,"
----..l:b,vAl""/" l....III.ls"'.f.l>J hn.
legal entity
TPA#1953633.11
GC-P-8
Wc(~
'4#l@(j-'
~tness
"7
'.'-':\
'--' ~
..J-)V
BY: UD'rk t=: \kNNWk
(Jo~j ~
Signature
rRes; Jwf
Title
STATE OF A oR: 1"
COUNTY OF Lc.<..
The foregoing instrument was acknowledged before me this IS~ day of JV-.,~
2006, by e>..\.lt.. F. 1-\'\jv~",I.. , as P4CS,'J..vl ,
of R \4. ~S;... :&.Nc . ,a Fl D~i ~o. corporation, on
behalf of the corporation. e is personally known to me or has produced
as identification
and did (did not) take an oath.
~ Gina D. Thomas
! . My Commission 00308719
\;'.. ~ E.pir.. April 22. 2008
NAME:
(Si~72~
b()1D~
(Legibly Printed)
My Commission Expires:
(AFFIX OFFICIAL SEAL)
Notary Public, State of ffl\vlAa
Commission No.: D~
TPA#1953633,11
GC-P-9
-.
,:
J.
.
I
.
.
(.
,.
Qualifier Certification Information
CDPR2307 - Qualifier Certification Information
Collier County Board of County Commissioners
CD-Plus for Windows
Printed on 10/3/200 1:09:51PM
CERT NBR:
12870
QUALIFIER NBR:
12870
DALE F. HAmWLA
CLASS CODE: 4235
LANDSCAPING RESTRICTED CONTR.
STATE NBR:
COUNTY COMP CARD: 3432SC
STATE EXP
LIAB EXP
1/13/2007
WC EXP
1/1/2007
ORIG ISSD
1/20/1993
RENEWAL
EXPIRES
9/30/2007
DBA:
HANNULA LANDSCAPING, INC.
WC EXEMPT: N
OL EXEMPT: Y
ADDRESS:
28131 QUAILS NEST LANE
EXEMPT EXP DATE:
CITY:
BONITA SPRINGS
FL
34135-6932
PHONE:
(239)992-2210
FAX:
(239)498-6818
NOTE: It is the qualifier's responsibility to keep all business, licensing and requirements
current and to provide up to date copies for Collier County files. This includes all insurance
=ertificates and any change of address information.
:ta.... .i/br;
35-6932
Qualifier Certification Information
1 (, 03
-. v U
CDPR2307 - Qualifier Certification Information
Collier County Board of County Commissioners
CD-Plus for Windows
Printed on 10/3/200 1:08:52PM
CERT NBR:
18618
QUALIFIER NER:
12870
DALE F. HANNULA
CLASS CODE: 4220
IRRIGATION SPRINKLER CONTR.
STATE NBR:
COUNTY COMP CARD:
STATE EXP
LIAB EXP
1/13/2007
WC EXP
1/1/2007
ORIG ISSD
7/31/1998
RENEWAL
EXPIRES
9/3 0 / 2 007
DBA:
HANNULA IRRIGATION, INC.
WC EXEMPT: N
OL EXEMPT: Y
ADDRESS:
28131 QUAILS NEST LANE
EXEMPT EXP DATE:
CITY:
BONIT." SPRINGS
FL
34135-
PHONE:
(239) 992-2210
FAX:
NOTE: It is the qualifier's responsibility to keep all business, licensing and requirements
current and to provide up to date copies for Collier County files. This includes all insurance
certificates and any change of address information.
c.,
35-
Signed:
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^'~ry
i;
U,I) :::OND
KNOW ALL MEN BY THESE PRESENTS, that we Hannula Landscaping, Inc
(herein after called the Principal) and
Yirst Sealord Surety Inc. ,
(herein called the Surety), a corporation crJartered and existing under the laws of the
State of Florida with its principal offices in trye city of Ft. Lauderdale FL
3nd ':lIJthMized to do bus/nes,; in the Sta,,, of Florlda '. are held and
Tlrrmy-1:ratJngo~;ttbe~hfounty BO~=-~_~f__C~ullty CUIIlIlllSb.LUll<=L S
(hereinafter called the OWrkr), in the full and just sum of
Five Percent of AmouIl~~~~,~n '_.._ '_~_ dollars ($5% of Bid)
good and lawful money of the United Stat'",., of f.\merica, to be paid Upon demand of the
Owner, to which pnymenl well and trull( to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for
furnishing all labor, materials, equipment and incidentals necessary to furnish, install,
and fully complete the Work on the Projec1 ,q',own as
US 41 (SR 90) T.tmiami l'railIEas~ PII<j~t, I": (13,m_foot W'fIIiam9 to Collier Boulevard)
Irrigation and LnrJ~lt:'lpe Installation
Bid ,'Ie. J,'..4ill9
NOW. THEREr-ORE, if :he Owner ~,h2dl accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days
after the date of a written Notice of AWard in accordance with the terms of such Bid, and
giVe such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract DQcumcmts with good and sufficient surety for the
faithful performance of the Agreement andio; the prompt payment of labor, materials and
supplies furnished in the prosecution ther.',lJf or, in the event of the failure of the
PRINCIPAL to enter into sudl !~YI6ernem 0.. to give such bond or bonds, and deliver to
Owner the required certifie;at,,:; or in::'Uld'I<..;, ;: tlie PRINCII:'AL shall pay to the OBLIGEE
the fixed sum of $634 per day f'IAeu ;~,)uVlJ ClS liquidated damages, and not as a
penalty, as provided in the Bidding Documellb, then this obligation shall be null and void.
otherwise to remain in full torce and effect
TPA#1953633 1;
GCP.10
16
.....
4f'....
-"
IN TESTIMONY Thereof, the Princip~11 and Surety have caused these presents 10
be duly signed and sealed this ~5th_ day oj November ,2006.
Hannul:J::nds~t'i~g l:!l~..,--__
---0 ~:St .
. .
Fust se~_luretY!._I!"C :_
Divid B. Shick t r~~ l~d~L
Counlersgned ____".____. _______. ."..
David . Shick Florida
Local Resident Producing Agent for ~.___._..
First Sealord Surety Inc
Principal
BY
(Seal)
Surety
(Seal)
Resident /l.gent
-_..~----~---_."-~--
TPA#1953633.11
GC-p.11
o '_~__'_'_""'~'''__~_'_'''''''''''__
FirstSealord Surety, Inc.
Power~2f Attorney
i -;,.
<~D
Power No: MIA-0467.06'll6539
"",,""~"<-~.'~=
KNOW ALL MEN BY THESE P urt1lY,ilgt., aco1]Joration ofthe Commonwealth of Penn
"Campany") has -made, constitute pnlelits does make, constitute and appoint
Da . 1 ; lurcios~dlor Steven Schumacher all of Tampa, Florida
Its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a
similar nature as follows:
$.IiO!i!l;
'l1l\olfi;jes~r _ It!lclI
t'f~ia Ccitpo Erne Mf signed by tBe . 'f)ffieer
corporate seal; and all the acts of said Attorney-jn~Fact, pursuant to the authority hereby given, ~re hereby ratified and confirmE('d_,
I~itlt'
';;,,:"::',.":",' This appointm,~nti~ rTl~8e pu;~~uant:tcr~~
';1,' ,,:;'~\,:L>': ~!.!~,:'aU AIll~n9,~.1~n~ t~v~r~,~9 :':~md d,$tJ'[[1l1
';::,rl!'l!":'Article XII: :ppli~es, BO~~~': ReCO~!l~S
JGh'~:t'er~i~uly adopted bythyJ3o<3.r~ of Di~e.:ctors oft~'~ sai
1::""""'"
_._-;.,:,.:<'F ..' "...'.'. ,.::-."';,':':."":.', .1., .":: :'.,,": ':.:. :-: ."". :.....:'
-.1 nsents ol~~rety, Un,~~~fiting',qn~~'~~tq,~~, and In,~,~JmEmts
1 ,ii '~II I
CERIJFICATE IIII'~' I JII/1'1 I r
of First Sealord Surety, Inc. do hereby rertify tha e "~ll'o-li~I,'
11 II II nd effect on the date of this Certificate and I do fl!\q~~r ~i;tf~'ltQ~~;~~ . _ , .. "._~~
o h ,s authdn~ed by the Board of Directors to appoint an Attorney-I~.Fa~t as ~ro\il'ded ection 1 of the BY'
Surety, lnc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of theBy-Laws.offj~t~
Surety, Inc.: ' "
=--'-~'
m, _ .. '.' - -.' .... -., -,- ,,'"-.'- .--.'" .-"- ,="
':_'~"__ "'_ _ . . "_ .i _'.-'. . . '.' _.'. C'. . " . . . .... .':' . ::::.. .',..._'- -_"::: .... .,- ."":.' ':"_ '::.,",. :.";,,-..:'''':.-: "~.-:-.., "_::--;,. .-'_'-';
,;~nSe9Uon 1~-;;!. The_qse:of a pr,!ntedJ_aq,irpfle_of the corporate ~eal ofth_~-Corporatio'l andpf tlJ~St~n~tu_n~: of tf1~. S~~~l~O';P~;'ap~~j~taro..; i~,~~;,:
any certificati_on of-the cortecbiess _ofe.cOpyOf an instrun1entexetutedby an aulhoriz~Q persoin:iliTsuantto Article-)(]GBectiQrl1~~~1 ~l'"tfi~: :, '" . S;~":,,"~i
appointing and authorizing an Attorney~in~Fact to sign in the name and on behalf of the Corporation surety bonds, underwritin~.uodertakings, 'or other
instruments described in said Section 12-1, with like effect as jf such seal and such signature had been manually affixed and made."
"r"I" ~ -
':.::':,1,'.",". ":"".';'::':" .,:,".::""::, _ '. . .' ," ..',..,'...,..,:.,;.':...':, ...'......'.::.:,',.... "'.',,,:,,,,:,,-1;..,,,,,,,:.,,,,::,,,.:,:,,,,.::,. ,,':..:....',
lri Witne~s,Wh,~~to'f,,:I'~~!~"'~~lreunto setmy hand and affIXed the corporate Se_;!!I':of~l1e Ccir'po'ration,hto'th~~~"P~~:,~en~~' -"_'_, . '-::--:-:T~
/~ay of .A/l>tt:m6e7Z- ,20 ot,.,. " . ": <;,/,/
This power of attorney is void unless the Bond number is inserte<;f in this paragraph (insert Bond # here DI.c - foq d- Y ), the bond
number is the same number as on the original bond, d the 6cnd num~)f;.r has been inserted by an officer or empfoyeeof~he Company or by th~ age'1.t.
(seal)
First~Sealord_Surety_POA.doc (Ed. 01/20/2004)
,~ ."
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
')
"
...7
1
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
8. Any addenda have been signed and included.
9. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
11. The mailing envelope must be sealed and marked with:
<:>Bid Number;
<:>project Name;
<:>Opening Date.
12. The Bid will be mailed or delivered in time to be received no later than the
specified openino date and time. (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
~/Il,N~ L-is.t"f'~ ~.
~
/I- ?~I'J...A-
Signature & Title
DATE: NrN~ }S/ ~o{,
TPA#1953633,11
GC-P-12
16 ,",
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....
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with Hannula Landscaping, Inc. ("Contractor") of 28131
Quails Nest Lane, Bonita Springs, FL 34135, a Florida corporation, authorized to do
business in the State of Florida, to perform all work ("Work") in connection with US 41
(SR 90) Tamiami Trail East Phase E (Barefoot Williams to Collier Boulevard)
Irrigation and Landscape Installation, Bid No. 07-4079 ("Project"), as said Work is set
forth in the Plans and Specifications prepared by McGee & Associates, the Engineer
and/or Architect of Record ("Design Professional") and other Contract Documents
hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: five hundred sixty nine thousand six
hundred twenty seven dollars and seventy two cents ($569,627.72).
GC-CA-1
!;.;, ':'r
."
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, ,
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms.treas.qov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and liquidated DamaQes.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within one hundred and twenty (120)
calendar days from the Commencement Date (herein "Contract Time"). The date of
Substantial Completion of the Work (or designated portions thereof) is the date certified
by the Design Professional when construction is sufficiently complete, in accordance
with the Contract Documents, so Owner can occupy or utilize the Work (or designated
portions thereof) for the use for which it is intended. Contractor shall achieve Final
Completion within sixty (60) calendar days after the date of Substantial Completion.
Final Completion shall occur when the Agreement is completed in its entirety, is
accepted by the Owner as complete and is so stated by the Owner as completed. As
used herein and throughout the Contract Documents, the phrase "Project Manager"
refers to the Owner's duly authorized representative and shall mean the Division
Administrator or Department Director, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
GC-CA-2
c~,
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, six hundred and thirty
four dollars ($634.00) for each calendar day thereafter until Substantial Completion is
achieved. Further, in the event Substantial Completion is reached, but the Contractor
fails to reach Final Completion within the required time period, Owner shall also be
entitled to assess and Contractor shall be liable for all actual damages incurred by
Owner as a result of Contractor failing to timely achieve Final Completion. The Project
shall be deemed to be substantially completed on the date the Project Manager (or at
his/her direction, the Design Professional) issues a Certificate of Substantial Completion
pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any
right which it may have to seek to characterize the above noted liquidated damages as
a penalty, which the parties agree represents a fair and reasonable estimate of the
Owner's actual damages at the time of contracting if Contractor fails to Substantially or
Finally Complete the Work within the required time periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
GC-CA-3
1683
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Exhibit 0:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by McGee & Associates
and identified as follows: US 41 (SR 90) Tamiami Trail East
Phase E (Barefoot Williams to Collier Boulevard) Irrigation and
Landscape Installation
as shown on Plan Sheets 1 through 43.
Contractor's List of Key Personnel
Stored Materials Record
GC-CA-4
L
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
Pamela Lulich/Robert Petersen
Alternative Transportation Modes
2885 S Horseshoe Drive
Naples Florida 34014
(239) 774-8192
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
Dale F. Hannula
Hannula Landscaping, Inc.
24131 Quails Nest Lane
Bonita Springs, FL 34135
(239) 992-2210
FAX: (239) 498-6818
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
GC-CA-5
/
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assh:ms.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire Aqreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severabilitv.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Change Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
GC-CA-6
16bJ
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
****
GC-CA-7
1683
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
CONTRACTOR:
~TNES~UJ
1 X
T WITN'ESS
--rL-JYL-L GcriU6&c
~e/print ame
SECOND WITNESS
~VlI~ t10VV\fZ-
Type/Print Name
By:
Hannula Landscaping, Inc.
O~ .4t-~___
D",lt. F. ijuI",...I" PiI..si J,.tr
Type/Print Name and Title
Date:,;S: ~:
ATTEST:
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
BY J,db(~
Approved As To Form
"d L"", S~ /I
Print Name: '( 0
Assistant County All y
ilem # J..w2-~
,'" A.gonlh l~' )r""" C
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GC-CA-8
EXHIBIT A .
PUBLIC PAYMENT BOND
1683
US 41 (SR 90) Tamiamj Trail East Phase E (Barefoot Williams to Collier Boulevard)
Irrigation and Landscape Installation
Bond No. 07-1395
Contract No. 07-4079
KNOW ALL MEN BY THESE PRESENTS: That Hannula Laddscaping, Inc.
, as
Principal,
, as
and First Sealibrd Suretv. line.
Surety, located at 33 Rock Hill Road. MIa CynwyrI. FA 14m7
(Business Address) are held and firmly bound to Collier Cotmty Board of Cotmtv CcmniRRinnPrS
as Obligee in the sum of Five Hundred sixty Nine TIlousand Six Hundred """"'tv s",TPn "TIn 77/H'()
($ 569,627.72 ) for the payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the _ day of
2006, with Obligee for us 41 (SR 90) T 'ami Trail Fast Phase E Baref t WilpiIIl'" to
in accordance with drawings and specifications, w ic ta atwn
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Surety be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this
day of 2006, the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
TPA#1953633.11
GC-CA-A-1
Signed, sealed and delivered
in the presence of:
c~, "
----
PRINCIPAL
Hannula Landscaping, Inc.
BY:
NAME:
ITS:
o~~
u..l~ F. It..NNwI"
t'..~.....l..k
Witnesses as to Principal
STATE OF ~cto.
COUNTY OF .;!.e-
this ~day of {Y)M'Ch
. of
, as
C . , a ' corporation, on behalf of the
corporation. e is pers ally known to me OR has produced as
identification and did (did not) take an oath. /1 'r- 0, "',,",,_
My Commission Expires: ~ ~
(Signature of Notary)
hi ()(A D.1b 0 mas
(Legibly Printed)
~ Gina O. ThOmIs
! : My commioalon 00308719
\;"'~ Expires 1\pri122. 2008 .
(AFFIX OFFICIAL SEAL)
ATTEST:
NAME:
Notary Public. State of frbn'da.
Commission No.: DDS:>g 7/'9
SURETY:
First Sea10rd Surety, Inc.
(Printed Name)
33 Rock Hill Road,
Bala Cynwyd, PA 14002
(Business Address
(Authorized Signature)
Witnesses to Surety
(Printed Name)
TPA#1953633.11
GC-CA-A-2
~
Witnesses
STATE OF Florida
COUNTY OF Hillsborough
16
")
-"
OR
.
fJ ~. fJ
As Attorney in Fact
(Attach Power of Attorney)
David B. Shick
(Printed Name)
7217 Benjamin Road
Tampa, FL 33634
(Business Address)
(813) 243-1110
(Telephone Number)
The foregoing
FebruaJ:y
Attorney-In-Fact
Surety, on behalf of Surety.
N/A
take an oath.
acknowledged before me this 28th day of
David B. ShiEl< , as
of First Sea10rd Surety. Inc.
He/She is personally known to me OR has produced
as identification and who did (did not)
instrument was
, 20051 by
My Commission Expires:
(AFFIX OFFICIAL SEAL)
TPA#1953633.11
_~~ W
(Signature~ ~
Name: Holly J. Dix
, (Legibly Printed)
NQtary Public, State of:
Commission No.:
GC-CA-A-3
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EXHIBIT A
PUBLIC PERFORMANCE BOND
US 41 (SR 90) Tamiami Trail East Phase E(Barefoot Williams to Collier Boulevard)
Irrigation and Landscape Installation
Bond No. 07-1395
Contract No. 07-4079
KNOW ALL MEN BY THESE PRESENTS: That
, as Princip<ll, and
, as
33 Rock Hill Road, Bala Cynwyd, PA 14002
(Business Address) are held and firmly bound to
Collier County Board Of County Cannissioners , as Obligee in the sum of
Five Hundred Sixty Nine TIlousand Six Hundred Thentv seven and 72/100
($ 569,627.72 ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
Hamro1a Landscaping, Inc. .
First Sea10rd Surety, Inc.
Surety, located
at
WHEREAS, Principal has entered into a contract dated as of the day of
2006, with Obligee for
us 41 (SR 90) Tamiami Trail Fast Phase E (Ilan>font Willi""", to r"lli.". Jlno,l",,,,m) Tttigati~ atld landscape
in accordance with drawings and specifications, which contract is incorporated byInstallation
reference and made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract;
and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not affect Sureties
obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to
be performed hereunder, or the specifications referred to therein shall in anywise affect
its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
TPA#1953633.11
GC-CA-A-4
, IhP2
This instrument shall be construed in all respects as a common law bond:~ ~ t!i
expressly understood that the time provisions and statute of limitations under Section
255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this
day of , 2006, the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
PRINCIPAL
Hannula Larldscaping, Inc.
By:Q.JA,J~
Witnesses as to Principal
NAME:
ITS:
"D.,A.... F. j.Ci\.III"'~
P/la..;~.
STATE OF ,t1~
COUNTY OF ==:t:ge.
Th
known to
ged before me this '8 fh
nnu 0..
a.
on behalf of
me OR has produced
-as identification and did (did not) take an oath.
~n,~
(Signa re)
day of
, as
, a
&Re is
fore~oing instrument
0'\ , 200Tf, by
,
My Commission Expires:
~ GIna 0 Thoma.
! . My Commls&tOn 0030871 9
~o:;I ExpIres Apn122. 2008
Name: ~(YJ.. 1) :-Thoma.S
(Legibly Printed)
Notary Public, State of: 3i~ddtt
Commission No.: J)D'!>oi l.t <1
(AFFIX OFFICIAL SEAL)
TPA#1953633.11
GC-CA-A-5
ATTEST:
Witnesses as to Surety
~0?~
~~~
Witnesses ------
STATE OF Florida
COUNTY OF Hillsboroucl1
SURETY:
EiratllSealord Surety, Inc.
(Printed Name)
33 Rock Hill Road
Bala Cynwyd, PA 14002
(Business Address)
(Authorized Signature)
(Printed Name)
OR
,
~ ~. to
As Att rney In Fact
(Attach Power of Attorney)
David B. Shick
(Printed Name)
7217 Benj arnin Road
Tanpa, FL 33634
(Business Address)
(813) 243-1110
(Telephone Number)
The foregoing instrument
February , 20oW, by
of First Sea10rd Surety, Inc.
behalf of Surety. He/She
N/A
My Commission Expires:
(AFFIX OFFICIAL SEAL)
TPA#1953633.11
was acknowledged before me this 28th day of
fuvid B. Shick ,as Attomey- In-Fact
, a Surety, on
is personally known to me OR has produced
as identifiC~O did~ take an oath.
(Signature) ~ ".~.;'~~~I',~~.~Z:r"G:'_",
jj V,\ ,/"',: HollY Jenl,lifer Oix Iii
Name: Holly J. Dix II ,,:;.~,; My Ce,""..oss"n OD519024 I
(Legibly Printed) .I~ '~"':'_ ~:~'.'.:_jj~~2iO" ----"'
Notary Public, State of:
Commission No.:
GC-CA-A-6
First Sealord Surety, Inc.
Power of Attorney
16 r,
. fj ~
Power No: MIA-0467~-O0375
". - - --.-.- - :-. -.-:,- --~
.. KNOW ALL MEN BY THESE P~ENTS: JWt Fif$iSeal.ordSurety, Inc., a corporation 01 the Commonweallh 01 PennsylVania; (hereina(lef
"Company") has made, constituted;an~ !lPPomt.~_! and .by these preSEmts does make, constitute and appoint
Davia- B. Shick, David R. Turcios and/or Steven Schumacher all of Tampa, Florida
its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a
similar nature as follows:
----Not T()Exceed Fo:~r-~.1i'Uon _ OQUars----~-__----___--~~..,.($4~O~Q.(lOO~OO) ***.-*-
Sl,.ld'l~_i~~~r~ripe-POI:i9ies.:~uretybonct~,undertakings anc:l-insbl1tnents for said purposes, when9ulye~ecuted by the. ~foresajdAttbmey-in-Fact shaltbe
bindin~l upoh,the said Corporation as fully and to the same extent as if signed by-the duly authorized officers of the:Corporation and sealed with its
corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed.
This appointrrlent is m,a~e pursuantto_thefoUoWing By-~aws which were duly adopted by the E30ard of Directors of the said Corporation on April71'20p3
with all Amendments thereto and are still in fuliforce and effect: ' -
'" ',. '. ',. .', .....-... -". '
, '. - .
'.. "" ",
"ArtideXlI: 'Policies, Boh~s, RecOgnitions, Stipulatlons,~nsents of Surety, un~erWri'iing Und~'rtaki'ngs, and Instruments Rel~ting Thereto.
Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and undelWriting undertakings of the Corporation, and releases,
I"~ ~~rei\;QJe~~ and ',9t~er"w~~in.f],~ ,rel~~ing, i~ a~Y..~9Y tIl~r~~~ 9r ~?I~ny ,cl,~i,"" or.loss,Jh~relj~,d~r, sg,~n,be;"sjg,:"~dj,~,,,t~~qar:(Je ,;31"19 on be;half~f,t~~""" """'"
c;p"'Qr~I!9n:\~1~y lh~ C~ai'l!Janql lI:1e BQ~r~, ,theRres:tl~r\t ?(,a Vl,ce p'esldent, an~ ~y th~ 9,~,cr~,~,:y or ~n IiSsist~nt,S~~re~()I:orll) b~ an .!1ltorn~y.
',irj~F~9tlqph~"GWp>Qratiqn a~polnled,,~n,d'a,\l!Ii~(i~eqbyth~ C;~~irman pI the Bo~rd"lhe ,F>'~si<:j,~nt",qraYiQe ~,[~sid~r\t!O m~~~s~~hsi~~"lul~; or C),,~y,
su-th bthe'r offiCers 'Or representatives as the Board may frO'm fime to time determine. The seal of the Corporation shall if apprbpriate be a'ffixed thereto by
any such officer, Attorney~in-Fact or representative. The authority of such Attomey-in,.Fact and Agents shall be as prescribed in the instrument
evi9,~,(I,~ing t~~,ir ~'ppoi~,tmen"~~,\:,,,Any ~~~,(;~"appoiQbnent and all authority granted t~~,r~,~y m~(b!;j!"tev?k:~d,,~t anY"time",pr the Board of qirectors or by any
pet~,9n'~l;flP!9~f!:f~d;:to,:ft:"~ke,,,S:l:Jch appr)Jntmel"1t~ . """,",'\,',",;' ,""",',"';,,,', ':"';"I"~";'"',I',,,,,,;''' .' """" ""',:, "", "
"" i~:,,::::~I~:~~S:::::':~:~':~"~E6'~~"':"~j';~t seal6rd sur~ty,"lnc, hasCaus~d these presen~::,:ip b~:,',~~:;,~':':;i9~':~~':"~ri'~':'i~;";c~rp~'~:i~ seal to be, hereunto afflxedaridduly
";"i;';'" at'teSt~'(ij,.lhis;;';25th day ofJ'ar1uary, 2004. '. . .',",;;, I" ; "';' ;""",',";,,",' I, ,,,":,,,',"''0;. 'III,,',' '"
~,~D' ~~ First Sealord Surety, Inc.
.~~\
,"",If}}-, )~~ "J;:::v~_...
" COtll[l!OQwe~\th"QI p~nnSYly~~ia"""""""""., ",' .,
~'cl,~h't~I,I':~~";~~'g~'rh'e~':"":;,:;,, ..";"";,,,""',, ,,' '" ":'-:':':'",,:'.':", ""I;"". '" "11'1
';.",,"""''':'':'::'':':1 i"I"",lil:I:,',';;:'::"';i'i":,,U',:,';':':',':',':'ill""i,';",;:""""';""";"':':':;::::'i:::",:'j;,';,,", ,_ . ..,_' '. _';,,:,':;""""',' ,.':',',,:1,,':',';:"':'" ..""",:"1';'.""";.";''''';:''';'1''';''':'''''':'',,,,;'1 '",',I",:"",::'I"''':!
,,,"i,,:,:,::I,II,, dH,.':tQ,i~":':120lh',I~~'~ of Janu'~',~, 2004,l>(tf()l'e'meR~rsqnally_ C)ppeared Joel D. C~'~'~'er,n1,~n, 'vi'~~'L,~f~Sid:~~,t of First ~e~lord Surety,lnc., with_whom! am
personally acquainted, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is Vice President of First
Sealord Surety, Inc" the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said
,," C~rpR\jlti~~; th~IJ~~ s~al"~~I\~d tp s~i.~in~I~,([Ient.is s,~,l)po~peral~~eal; that. it W~~SO. ~fIi~ed,,~y 0~~.er"efJl)e"lil9~rdpf q!(~.toq;,oI~a!dGO(Ro[ilti9r;,
,::, 'antl..!ll~t I).e:$, .' pills nall1e!llereto'asIYIClii pr~sid~~tol's~idlilorp~raUon by like aulhQ~lly'" "".,',,:, ":",cllM ON "" '" .' I!i:I : 1I1\N1!\":"
"~I"~"~" .:',;".',.....',.", ".,., ", . R., ',.'" "L""",,,', '.'",:': .'I,;."""""""".' '.'. ""'1' "',",,'''..,:, :,,'" ... "':' , , '.'."'" "''',; "',,; . ", "",.' '"
(~::,:l!:tftI;i,'\~~7~~/ ..", .~~:~PUbIiC".'., ~~s:~~ '
'.:?-;i , "', ',,\', .' , ',,' '",,' MyCOmlJ1l!SlOne.pll!"lAug.!i.~10
< *p>.,,<> '....',. .'" ",. , '.' GI;RTIF.IG~TE, ,," .'""',...,, ..",."lo1~"'ij~',~""'~~~lIqn."'NO!o"""
lill1e u ,.., , ,..,$eci~~h'of FitS! Sealor~Sprety,\n~, 'P<1pereby 9'f1ify that)he origin~IP01lJ~r. of,l\t\~r~~y 61~~ich th~'19reg9in9js'a full, lr~';'l~d'
,,'CQtrectl'llp ., ' lull lor:"", ~nd eflel;! P9t11e<l~t~pphis.q.rtificale "?~ I do lu,~l>e( ~rtify'th~tthe Qfficer who executed tbes~iJj.Po\^,\!rPf Attorrey was
one:"ohne Officers autho'rized by the Boai"d of-oirectors~ to appoint an Attorney~in~Fact as 'prdvided i'n Section 12:.'1 of the By-Laws ot First Seaiord
Surety; Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By-Laws of First Sealord
Surety, Inc.:
_.... ''', ,.'-. ........' -". , .
, "','.. ".-'-- .. ..... ....
.' ..---, . .-- '.. . .'.-- . '.-.. '. -
. -.. -..-...... - -..- ." - . .,'.' '.. -
. '..'.",'"..', '".,,' ",.",... .. - -.. .
. " . ,,'. ,,',..,.., ,," '.. .' ",',..
--.' ... . . . ..' '. .
,.-- '-.. ',- '-..' '. . .'--- "', '.. .,
---..~~~!?rtJ~:~. 'Ih~;~seRf a p~ntE3d;ta-csimi!~-qf-;th~__,9Dm9rate:peal of~' Corp9rati9fl~d-,pf th€l?l9natur~, of the S~i~talo/ on~n A~&jsta~,t S~creta'Y on
BfiycernftCafiOn Of Uie cooecmess-oNi-c-opy---{)fim instrument 8xecute<fby anauthor1zed person pursuant to Article9<II;'Section 12~1'of th$.. By-Uaws
appointing and authorizing an Attorney-in-Fact to sign in the name and on behalf of the Corporation surety bonds, undelWriting undertakings, or other
instruments described in said Section 12-1, with like effect as if such seal and such signature had been manually affixed and made."
'-.-'.,. ,-. ".' ,
, . . '
''', "", ," "'.'. ..' '--:":> :'-. <---',_.....:-,;:.-. <:.,:': '-'-:-'., --',. .,"'-',
In Witne~,Whl?reof, I have hereu~,set{l1Y_J~!'ld ~~d afW<eiljtle WJ?Prate seal of the Corporation to tt~ese presents
this ~ day of
.;20 . .
This power of attorney is void unless the Bond number is inserted in this par<:!'c..:raph (insert Bond # here 07-1395 ), the bond
number is the same number as on the original bond, d the bond number has been i~,I~ert!3d by an officer or employee of the Company or by the agent.
(seal)
First_ Sealord _Surety _POA.doc (Ed.
,
.lb
J ACORp,"
PRODUCER
Gutfshore Insurance, Inc.
4100 Goodlelle Road N. #100
FL 34103.3303
261-3646
Client#: 33375 .
CERTIFICATE OF LIABILITY INSURANCE
HANLA1
DAlE: (MMI'ODfYVYYJ
03107107
THIS CERTIFICATE 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 AFFORDEO BY THE POLICIES BELOW, .
. ",'''' ,...., i ,...,,~
NAIC#
Hannula Landscaping, Inc, &
Hannula Irrigation, Inc.
28131 Quails Nest Lane
Bonit. Springs, FL 34135
INSURERS AFFORDING COVERAGE
~~0URCl~ k Cincinn~.~!.l~surance Comp~~~'
l!lSlJRfRf! FCCII~.!!~rance Company
'i
~
.._--l
INsmlERC
INS;)Rn~ 0
COVERAGES
THE POliCiES Of INSURANCE USlED BELO\'V H/IVE BEEN ISSueD TO fHE iNSURED ~JAMLD ABOVE FOR THE POliCY PEHiQO lNDICATEO NOtWITHSTANDING
ANY !~CQt)jHEMENT, I Li~M Ol~ CONDITION OF ANY CONH~ACT Oi~ OTHU~ DOCUMENT WITH REspeCT TO WHICH THiS CEI~Tlf1CATE MAY BE ISSUED OH
M4Y PERTAIN, iH( INSURANCE ;\FFORDED BY THE POUCIES DLSCHlaUJ HEREIN IS SUBJECl TO tdL THE TERMS, EXCLUStONS AND CONDiTIONS OF SUCH
POLICIES, AGG(:l:CGATE LIMiTS SHOvvN MAY HAVE BEEN REOUCED BY PAID CLAIMS
i ".,-_._~-'-- II POLlCY Ef:frlfcTIYE ! POLICY EXPIRA, T10NT--'
;..TR NSR rWE Of INSURANce pOlley Nt:~_l!~.w__ . QAlEi.tdMfQ.R.IYY1 I DATE !MMlOO!YYLwt___. LlMITS
A ; GENERAl. LlA81l.JTV CPP0891533 i 01/13/07 ; 01/13108 ! E-ACHOCCURRENCE 51 0000Q.9
~ ' DM.l!,GC TO :~ENTP.O 00
X ~V.\;.h!F'IAl [NfHAlllNlIIlfY p;c .~' r ,",' $1000..
~ _ .. _ nA MS ~nvt: ~ OCCLR ~<~Y__~.E:~P (1\,"'1 one 00n1)~.) $5,t200
,,~E:i~!>(}NAt ? A!)::2~J~2Y,_"_ _~1,000,OOO _,_,___~
I OFNERA~!.;.0.9i~EGA1'E s200!h,QOO
I ' '
1 :~N l "C(,d-CATto \ VI r t,">PllF'" PI q ~I P'-lOOll~::::~.E_M.!::5:~.f~2.{l s2,~OO,O<!Q~w____.,
*" .~:~;~~~:i:::l,::;; []';'c !CPP0891533.'''' 011131li7"'-'i,i'OlI13108 '''''' '1,000,000
i X ANY AU'tO '
I I
i t---1 AU, Q'-,\NFD AUTQS I i
I : ! SCHC,iUfC AUl,;}:; I I
i 'Xi '118Cf) AUTOS I 1
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'''~ ~10"l<>NNf;iJ N,J1CiS
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i ~AGE L1ABIUTY
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fAACC
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r,GG
A
1',E:XCESSIUMBRELlA, LlABlUIY
'X] U"',(;Uil l-:=J CLAI'.1S \tIU(
,
r--
CPP0691533
01113107
fM:;H (Y:;GURH~~g.~~__.
AC(,HFGAl't
'3 000 000
'3,000.000
tJCDUCTi8LL
x R[fFNTIO~,__._.~_Q
B WORKERS COMPENSATlON ANO
EMPLOYERS' LlABIUfY
:001 WC07 A40029
I
01101107
01101108
_~~;._E~'~eHACC:fEN1 5500000___
_?;~~?~2,~:t:~L~..~...~~~~E ,S500,OOJL_",,_",..._..
L, DISEASE, I~OUCY llM~T" ~~_O,OOO
tOeA nONS I VEHICLES ENDORSEMENT} SPECIAL PROVlS10N$
Certificate Holder is Named as Additional Insured on a primary basis as
respects to: General Liability Only as: needed by contract, per form G.A 472
10 01. 30 Day Cancellation Notice. Umbrella Is in excess of ail policies
shown on this certificate, Umbrella Coverage is in excess over all coverage shown on
(See Attached Descriptions)
CERTIPtCA TE HOLDER
CANCELLATION
I
1
ACORD 25 (2001108i 1
Board of COlmty Commissioners
Collier County Florida
3301 East Tamiarnl Trail
Naples, FL 34112
SflOULO ANY Of' HiE ABOVE DESCRIBED POUCIE$ BE CANCELLED Bfif'ORE THE EXPIRATION
DAn- THEREOF, tHE ISSUING INSURER Wll.L ENDEAVOR TO MAil -10._ DAYS WRmEN
NOllCE TO THe CEIUJi'ICATe HOtDER NAMED lOTHE L1;n, nul' fAILURE TO DO SO SHALl.
IMI~OSE NO OBLIGATION OR uABILlTY OF ANY KINO UPON THE lNSURER ITS AGEtHS OR
CAH
" ACORD CORPORATION 1988
of 3
#S305825IM305754
168"3
-
IMPORT ANT
if the certificate holder is .an ADDITIONAL iNSURED, the policy(les) muSt be endorsed, A statement
on mis umi1ic8to does not confer nghts to the certificate holder in lieu of such endorsernent(s)
If SUBROGATION IS WAtVED, sub,eet to the terrn~; and conditions of the Dolicy, certain poiicies may
require nr ondorsement A statement on this cortif'cate does not confer rights to the cortifcato
hQldor ;n 'cu of i;uch ondorsr:rrent(s).
OISCLAIMER
The Certificate of Insumnce on the reverse sioe of thiS form does not constitute a cOntract betvveen
the issuing insurer{s}, authorized rer~rBsentatj\,le or producer, and !l1B certificate halder, nor does it
at'firm8lively or negativB'Y amend. extend or alter lh€, coverage afforded t>;./ tl)(j policies listed thereon
ACORD 25.$ (2001108)
2 of3
#S3058251M305754
o
I
d
j
DESCRIPTIONS (Continued from Page 1)
r-'....'..
'h is certificate.
'._.e""__^.___n_____.._______..M'.__._._____~_____"'O.,,,,.._."_M,_..,,..n """""""_~""_~,..".,_,"'"_".MM_.
Contract #07.4073 US 41 Tamlami Trail North (SR45} Phase V Wiggins Pass
to County Line.
AMS 25,3 (2001108)
3 of 3
#S305825/M305754
From: FAXmaker
To: Brenda Brilhart
Page: 415
Date: 21912007 2:59:00 PM
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULL v.l S 3
AUTOMATIC ADDITIONAL INSURED - WHEN
REQUIRED IN CONTRACT OR AGREEMENT WITH YOU
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL L1A81L1TY COVERAGE PART
SECTION II - WHO IS AN INSURED, 2. is 2.
amended to include:
1.
e. Any person or organization, hereinafter
referred to as ADDITIONALlNSURED:
(1) Who or which is not specifically
named as an additional insured un-
der any other provision of, or en~
dorsement added (0, this Coverage
Part; and
(2) For whom you are required 10 add as
an additional insured on this Cover.
ag8 Part
under:
(1) A written contract or agreement; or
(2)
An oral agreement or contract where
a certificate of insurance showing
that person or organization as an
additional insured has been issued;
but only with respect to liability arising out
of "your work" performed for that addiH
tionallnsured by you or on your behalf. ^
person or organization's status as an in-
sured under this endorsement continues
for only the period of time required by the
written contract or agreement, but in no
event beyond the expiration date of this
Coverage Part. If there is no written con-
tract or agreemont, or if no period of time
is required by the written contract or
agreement, a person or orgEHlization's
status as an insured under this endorse-
ment ends when your operations for thai
Insured are completed.
2. SECTION IV - COMMERCIAL GENERAL
lrIABILlTY CONDITIONS is amended to in-
lude
1. Automatic Additional Insured Provision
The written or oral contract or agreement
must be currently in effect or become ef.
fective during the term of this Coverage
Part The contract or agreement also
must be executed prior to the "bodily in-
jury", "property damage" or "personal and
udvertising injury" to which this endorse-
ment pertains.
Conformance to Specific Written Con-
tract or Agreement
If a written contract or agreement be-
tween you and the additional insured
specifies that coverage for the additional
insured:
a. Be provided by the Insurance Serv-
ices Office additional insured form
number CG 20 10 or CG 20 37
(where edition specified); or
b. Include coverage for completed op-
erations; or
c. Include coverage for "your work";
and where the limits or coverage pro-
vided 10 the additional insured is more re~
strictive than was specifically required in
that written contract or agreement, the
terms of Paragraphs 3.. 4.a.(2) and 1 or
4.b., or any combination thereof. of this
endorsement shall be interpreted as pro-
viding the limits or coverage required by
the terms of the written contract or
agreement, hut only to the extent that
such limits or coverage is included within
the terms of the Coverage Part to which
this endorsement is attached. if, how-
ever, the written contract or agreement
specifies the Insurance Services Office
additional insured form number CG 20 10
but does no! specify which edition, or
specifies an edition that does not exist,
Paragraphs 3. and 4.8.(2) of this en-
dorsement shall not apply and Paragraph
4.b. of this endorsement shall apply.
3. SECTION III - LIMITS OF INSURANCE is
amended to include:
The limits applicable to the addilional insured
are those specified in the written contract or
agreement or in the Declarations of this Cov-
erage Part, whichever are less, If no limits are
specified in the written contract or agreement,
or if there is no written contract or agreement,
[he limits applicable to the additional insured
are those specified in the Declarations of this
Coverage Part. The limits of insurance are in-
clusive of and not in addition to the limits of
insurance shown in the Declarations.
GA4721001
Includes copyrighted material of fnsurance
Services Office, Inc., with its permission.
Page 1 of 2
From: FAXmaker
To: Brenda Brilhart
4. The following are added 10 SECTION I .
COVERAGES, COVERAGE A. BOOIL Y
INJURY AND PROPERTY DAMAGE
LIABILITY, 2. Exclusions and SECTION I .
COVERAGES, COVERAGE B. PERSONAL
AND ADVERTISING INJURY LIABILITY, 2.
Exclusions:
The insurance provided to the additional in.
sured does not apply to:
3. "Bodily injury", "property damage" or
"personal and advertising injury" arising
out of the:
(1) Rendering of, or failure to render,
any professional architectural, engi.
neering or surveying services, in.
eluding:
(a) Tile preparing, approving or
failing to prepare or approve
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders or drawings and
specifications; and
(b) Supervisory, inspection, archi-
tectural or engineering activities;
(2) Sole negligence or willful misconduct
of, or for defects In design furnished
by, the additional insured or its "em-
ployees".
b. "Bodily injury" or "property damage" aris-
ing out of "your work" included in tlle
"products-completed operations hazard",
Page: 5/5
Dale: 2/9/2oo7 2:59:01 PM
c. "Bodily injury" or "property damage" aris-
ing out of "your workll for which a consoli-
daled (wrap-up) insurance program has
been provided by the prime contractor /
projecl manager or owner of the con-
struction project in which you are in-
volved.
5. SECTION IV - COMMERCIAL GENERAL
LIABILITY CONOITIONS, 5_ other Insurance
is amended to include:
a. Where required by a written contract or
agreement, this insurance is primary and
lor noncontributory as respects any other
insurance policy issued to the additional
insured, and such other insurance policy
shall be excess and / or noncontributing,
whichever applies, with this insurance,
b. Any insurance provided by this endorse-
ment shall be primary to other insurance
available to the additional insured except:
(1) As otherwise provided in SECTION
IV COMMERCIAL GENERAL
LIABILITY CONDITIONS, 5. Other
Insurance, b. Excess Insurance; or
(2) For any other valid and collectible in-
surance available to the additional
insured as an additional insured by
aUachment of an endorsement to
another insurance policy that is writ-
ten on an excess basis, In such
case, the coverage provided under
this endorsement shall also be ex~
cess,
GA4721001
Includes copyrighted material of Insurance
Services Office, Inc., with its permission
Page 2 of2
1683
EXHIBIT B
INSURANCE REQUIREMENTS
(1) The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed
minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and
amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole
responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the Project by the Owner or as specified in this
Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in
Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice
of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place
the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of
,!II insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner.
,_I The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of
policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor
shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor
from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor
hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance
program carried by the Owner applicable to this Project.
(7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or
agreement by the Owner that the insurance requirements have been satisfied or that the insurance
policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors work, insurance of the types and to the limits specified in this
Section unless such insurance requirements for the Subcontractor are expressly waived in writing by
the Owner.
(~) Should at any time the Contractor not maintain the insurance coverage's required herein, the
'ner may terminate the Agreement or at its sole discretion shall be authorized to purchase such
GC-CA-B-1
,.
4'
o
coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse
,- vner for such costs within thirty (30) days after demand, Owner has the right to offset these costs
Jm any amount due Contractor under this Agreement or any other agreement between Owner and
Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage's purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
(10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or
replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their
expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be
considered justification for the Owner to terminate the Agreement.
(11) All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.1 All insurance policies, other than the Business Automobile and Workers Compensation
policies, provided by Contractor to meet the requirements of this Agreement shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under
this Agreement and shall contain a severability of interests provisions.
11.2. Companies issuing the insurance policy or policies shall have no recourse against
Owner for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Contractor.
11.3. All insurance coverages of Contractor shall be primary to any insurance or self-
insurance program carried by Owner applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by Contractor shall not apply to any
insurance or self-insurance program carried by Owner applicable to this Project.
11.4. The Certificates of Insurance, which are to be provided on the form set forth in
Attachment I to this Exhibit B, must identify the specific Project name, as well as the site
location and address (if any).
11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
11.6. All insurance policies to be provided by Contractor pursuant to the terms hereof must
expressly state that the exclusive venue for any action concerning any matter under
those policies shall be in the appropriate state court situated in Collier County, Florida.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? ~ Yes _ No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
,.. 'ltractor during the term of this Agreement for all employees engaged in the work under this
GC-CA-B-2
))
~-
Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall
- lt be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability
2L $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the Owner and the policy shall be
so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work. (check one)
o Applicable ~ Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work. (check one)
o Applicable ~ Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X Yes _ No
(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,
Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage. Limits of Liability shall not be less than the following:
~ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit
under LIMITS OF INSURANCE applies separately to each of your projects away from premises
owned by or rented to you."
GC-CA-B-3
.;;.f1 >
l';J05
(3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such
-'werage shall be primary to any similar coverage carried by the Owner.
(4) Coverage shall be included for explosion, collapse or underground property damage claims.
(5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement. (check one)
o Applicable ~Not Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if
applicable to the completion of the work under this Agreement. (check one)
o Applicable ~ Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property required to be covered,
-'t,ichever is earlier. This insurance shall include interests of the Owner, the Contractor,
Jbcontractors, Sub-subcontractors and Material Suppliers in the Work.
(2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover
reasonable compensation for Professional's services and expenses required as a result of such
insured loss. At the Owner's option, flood and windstorm insurance will also be purchased.
(3) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for
any deductible associated with the all-risk policy described above shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents. The responsibility of the Contractor for any deductible associated with the flood or
windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit.
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
GC-CA-B-4
'--7
Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors
-- 1d Sub-subcontractors in the Work.
(6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
Design Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall
provide waivers of subrogation by endorsement or otherwise.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made
payable to the Owner for the insured, as their interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? L Yes _ No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:
Bodily Injury & Property Damage - $ 500,000
X Bodily Injury & Property Damage - $1,000,000
Bodily Injury & Property Damage - $ 2,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability,
and Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
GC-CA-B-5
1683
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
JUNTY OF COLLIER
:5TATE OF FLORIDA)
Before me. the undersigned authority, personally appeared
who after being duly swom, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated , 2006 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with ContractMs [monthly/final] Application for Payment No,
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2006, by
,as of ,a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath,
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No,:
TPA#1953633,11
GC-CA-C-1
16B3
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
= Less Retainage $
Less previous payment (s) $
% AMOUNT DUE THIS
% APPLICATION: $
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
NTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
,_~eived from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
TPA#1953633,11
GC-CA-D-1
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EXHIBIT E
CHANGE ORDER
TO:
Project Name:
Bid No.:
Change Order No.:
Change Order Description
FROM: Collier County Government
Construction Agreement Dated:
Date:
Original Agreement Amount ..........................................................,$
Sum of previous Change Orders Amount ...................,...................$
This Change Order Amount ..,..............,..................,......................$
Revised Agreement Amount ...... ............. ............ ............ ................ $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by: Date:
Project Manager
Recommended by: Date:
Design Professional
Accepted by: Date:
Contractor
Approved by: Date:
Department Director
Approved by: Date:
Division Administrator
Approved by: Date:
Purchasing Department
GC-CA-E-3
Authorized by
Director
(For use by Owner: Fund
Number: )
Cost Center:
GC-CA-E-4
Date:
Object Code:
Project
:1 :?
..
,/
1683
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
Design Professional's Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not aiter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
TPA#1953633,11
GC-CA-F-1
Ii
j
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBI L1TI ES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on
,2006
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2006
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2006
OWNER
By:
Type Name and Title
TPA#1953633,ll
GC-CA-F-2
Bid No,:
Contractor:
EXHIBIT G
FINAL PAYMENT CHECKLIST
Project No.:
Date:
,2006
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount:
Commencement Date:
Final Contract Amount:
Calendar Days.
Substantial Completion Time as set forth in the Agreement:
Actual Date of Substantial Completion:
Calendar Days.
Final Completion Time as set forth in the Agreement:
Actual Final Completion Date:
YES
NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form),
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6, Owner personnel trained on system and equipment operation.
7, Certificate of Occupancy No.:
issued on (attach to this form).
8, Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10, Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12, All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
By Contractor:
(Company Name)
(Signature)
(Typed Name & Title)
TPA#1953633,11
GC-CA-G-1
By Design
Professional:
By Owner:
TPA#1953633.11
GC-CA-G-2
7' B 3
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
j:
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EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurernents and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
TPA#1953633,11
GC-CA-H-1
.;1 B 3 t'1~
those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
TPA#1953633,11
GC-CA-H-2
1683
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless othelWise
specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday
through Saturday. Lane closures are only permitted between the hours of 9:00
a.m. and 3:30 p.m. No work shall be performed outside the specified hours without
the prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
TPA#1953633.11
GC-CA-H-3
1683
4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each subsequent Application for Payment, Contractor also shall
complete and submit to Owner as part of its Application for Payment, the Stored
Materials Record attached hereto and made a part hereof as Exhibit O.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment. pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner. The Project Manager shall have the discretion to establish, in writing, a
schedule to periodically reduce the percentage of cumulative retainage held through out
the course of the Project schedule. Owner reserves the right to reduce the amount of
the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing
Policy.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
TPA#1953633.11
GC-CA-H-4
1683
4.7 Each Application for Payment shall be accompanied by a Release and Affidavit,
in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full
for all materials, labor, equipment and other bills that are then due and payable by
Owner with respect to the current Application for Payment. Further, to the extent
directed by Owner and in Owner's sole discretion, Contractor shall also submit a
Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the
form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor
or supplier has been paid in full through the previous month's Application for Payment.
The Owner shall not be required to make payment until and unless these affidavits are
furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments othelWise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
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5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
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substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
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8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
8.1.3
personnel;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
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faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
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9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
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sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the OwneLgrants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim.
Claims not settled by the aforesaid procedure, shall be resolved according to the
Dispute Resolution Procedure copies of which are available in the County Attorney's
Office or Purchasing Department. All Claims shall be priced in accordance with the
provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
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or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
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for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
,
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
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bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
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of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
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notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount eamed through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
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they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
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the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
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23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Builder or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
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as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of, Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
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shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
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encumber the Project site with construction equipment or other material or eqUiPmeJ
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
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28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
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meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.netlpurchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT') policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor
shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
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appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
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33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner will be an additional insured on
all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties
directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the
subcontract or purchase order. Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract, copies of the Contract
Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
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33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
34.1.4
34.1.5
34.1.6
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
34.1.12
34.1.13
34.114
34.1.15
34.1.16
34.1.17
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Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
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34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
1683
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
TPA#1953633.11
GC-CA-H-28
TPA#1953633.11
,
JLC
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
GC-CA-I-1
EXHIBIT J
TECHNICAL SPECIFICATIONS
16H3
TPA#1953633.11
GC-CA-J-1
EXHIBIT K
PERMITS
1.6B3
TPA#1953633.11
GC-CA-K-1
T f.
, t
-.
EXHIBIT L
STANDARD DETAILS
TPA#1953633.11
GC-CA-L-1
1683
EXHIBIT M
PLANS AND SPECIFICATIONS
TPA#1953633.11
GC-CA-M-1
CONSTRUCTION AND CONTRACT TIME LINE SCHEDULE
US 41 (SR 90) Tamiami Trail East Phase E
(Barefoot Williams to Collier Boulevard) Irrigation and Landscape Installation
BID # 07-4079
DATE CERTAIN CONTRACT AND/OR CONSTRUCTION ACTIVITIES
DATE: CONTRACT AWARD
DATE: NOTICE TO PROCEED
1683
DATE:
DATE:
....,.,-,'-....,.....-.--..,.............--..--.-.-.
Hiiip~'lll~i!~!!l 'PROJECT SUBSTANTIAL COMPLETION OBSERVATION
CREATE OBSERVATION PUNCH LIST FOR
ENTIRE PROJECT
DATE:
DATE:
DAYS TO MAKE OBSERVATION PUNCH LIST CORRECTIONS
DATE:
DATE:
FINAL COMPLETION OBSERVATION
COLLIER COUNTY, DESIGN PROFESSIONAL
DATE:
DATE:
FINAL ACCEPTANCE NOTIFICATION
DATE:
ij~MQ~[ft$I? (ANNUAL WARRANTY OBSERVATION
DATE:
CORRECTIONS & NOTIFICATIONS
WARRANTY ACCEPTANCE NOTIFICATION
COLLIER COUNTY, DESIGN PROFESSIONAL
APPROVED BY:
DATE:
DESIGN PROFESSIONAL
DATE:
COlliER COUNTY
TRANSPORTATION DEPARTMENT
DATE:
CONTRACTOR
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
TPA#1953633.11
GC-CA-N-1
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1684
MEMORANDUM
Date:
March 22, 2007
To:
Brenda Brilhart, Purchasing Agent
Purchasing Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Contract #07-4080:
"US 41 (SR 90) Tamiami Trail East Phase D (St.
Andrews Boulevard to Barefoot Williams Road)
Irrigation and Landscape Installation"
Contractor: Hannula Landscaping, Inc.
Attached please find three (3) original contracts, as referenced above,
(Agenda Item #16B4), approved by the Board of County Commissioners
on Tuesday, January 23, 2007.
An original has been retained in the Minutes and Records Department
and one has been sent to the Finance Department.
If you should have any questions, please contact me at 774-8411.
Thank you.
Attachments (3)
FILE NO.:
16i4
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DATE RECEIVEDb . I 'IV_ \
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ITEM NO.:
ROUTED TO:
DO NOT WRITE ABOVE TillS LINE
REQUEST FOR LEGAL SERVICES
Date:
March 20, 2007
To:
Robert Zachary
Assistant County Attorney
From:~)
Brenda Brilhart,
Purchasing Agent
Re:
Contract #07-4080 "US 41 (SR 90) Tamiami Trail East Phase D (St.
Andrews Boulevard to Barefoot Williams Road) Irrigation and
Landscape Installation"
Contractor: Hannula Landscaping, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on January 23, 2007
Agenda Item: 16.B.4
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
3!(}#Ol -~'tf0^f~ ~-. OIL ~()
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1684
Memorandum
DATE:
March 20, 2007
TO:
Wayne Fiyalko, Senior Analyst
Risk Management Department
FROM: ~
Brenda Brilhart, Purchasing Agent
Purchasing Department
RE:
Review ofTnsurance for: #07-4080 "US 41 (SR 90) Tamiami Trail East
Phase D (St. Andrews Boulevard to Barefoot Williams Road) Irrigation
and Landscape Installation"
Contractor: Hannula Landscaping, Inc.
This Contract was approved by the BCC on January 23, 2007 Agenda 16.B.4
Please review the Insurance Certificate and Payment and Performance Bonds in this
Agreement for the referenced Contract. If everything is acceptable, please forward to the
County Attorney for further review and approval. I would appreciate it if you would
advise me when it has been forwarded.
If you have any questions, please contact me at 239/774-8446.
cc: Pam Lulich, A TM/Transportation
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From: FAXmaker
Client#: 33375
To: Brenda Brilhart
Page: 1/3
iff
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02/09/07
THIS CERTIFICATE 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.
Date: 2/9/2007 10 26 14 AM
HANLA1
A CORD~
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Gulfshore Insurance, Inc.
4100 Goodlette Road N, #100
Naplas, FL 34103 -3303
239261.3646
INSURERS AFFORDING COVERAGE
NAIC#
\ INSUR UJ
1\
INSURER A
Cincinnati Insurance Company
FCCllnsurance Company
Hannula Landscaping, Inc. &
Hannula Irrigation, Inc.
28131 Quails Nest Lane
Bonita Springs, FL 34135
COVERI\GES
THE POli~S OF IN;SURANCE liSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED_ NOTWITHSTANDING
ANY REOUI MENT. TERM OR CONDrTlON OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. E INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGR ATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1~T1f ~~~ lVPEb.: INSURANCE POLley NUMBER POLl~~J~~~r,:"E P%~lfJ ~Xr::~rlg,N
A ~NERALLlABIL:~~ CPP0891533 01/13/07 01/13/08
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INSURER 0
INSURERE
LIMITS
GENERAL AGGREGATE
'1 000 000
'100000
$5000
.1 000 000
.2 000 000
.2 000 000
EACH OCCURRENCE
DAMAGE TO RE NTED
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COMBINED SINGLE LIMIT
(Eaaccidenl)
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BODILY INJURY
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(Peraccidenl)
PROPERTY DAMAGE
(PBr1Jcc:id..nt)
~AGl:: LlABILITV
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E.L. EACH ACCIDENT $500000
E.L. DISEASE _ FA EMPLOYEE $500,000
El DISEASE. POLlCV LIMIT $500,000
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SPECIAL PI,OVISiONS b>;luw
OTHER
-
DESCHIPTlON OF OPERATION'S I lOCATIONS {VEHICLES {EXCLUSIONS A.ODED BY ENDORSEMENT {SPECI~PROVJSIONS
Certificate Holder is Named as Additional Insured on a primary basis as
respects to: General Liability Only as needed by contract, per form GA 472
1001.30 Day Cancellation Notice. Umbrella is in excess of all policies
shown on this certificate. ___ -------.-____.
(See Attached Descriptions)/" ~----~
CERTIFICATE HOl " I CANCEllATION\
~ SHOULD ANV OF THE A~~E DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRArlON
Collier County Purchasing Dept. DATE THEREOF. THE lSS NG INSURER WlLlENDEAVORTO MAil -3fi.... DAYS WRITTEN
Attn: Brenda Brilhart NOTICE TO THE CERTlFICA E HOLDER NAMED TOTHE LEFT. BUT FAILURE TO DO SO SHALL
( 3301 East Tamiami Trail IMPOSE NO OBLIGATION OR IABILlTV OF ANV KIND UPON THE 1NSURER. ITS AGENTS OR
Naples, FL 34112 REPRESENTATIVES
~ ~~UT:e.: ~IZE:D RE~!=SENTATI\I:~.
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, _7/;"~ .....,;1:__. -
\\CAH
\CORD 25 (2
, of 3
#S304532/M302691
@ ACORD CORPORATION 1988
,
From: FAXmaker
To: Brenda Brilhart
Page: 213
Date: 219/2007 1026: 15 AM
1
IMPORT ANT
If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
OISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
CORD 25-5 (2001/08)
2 of3
#S304532/M302691
14.
From: FAXmaker
To: Brenda Brilhart
Page 3/3
Date: 2/9/20071026:15 AM
1-o--B4
I
DESCRIPTIONS (Continued from Page 1)
Contract #07-4080 US 41 (SR90) Tamiaml Trail East Phase 0 (51. Andrews
Blvd to Barefood Williams Road)
.. 'MS 25.3 (2001/0B)
3 of3
#S3045321M302691
TPA#1953633.11
US 41 (SR 90) Tamiami Trail East Phase D
(Sl Andrews Boulevard to Barefoot Williams Road)
Irrigation and Landscape Installation
COLLIER COUNTY BID NO. 07-4080
COLLIER COUNTY, FLORIDA
Project #600231
Design Professional:
McGee & Associates
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
1 h 0 LI
1684
I
TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by McGee & Associates
and identified as follows: US 41 (SR 90) Tamiami Trail East
Phase D (St. Andrews Boulevard to Barefoot Williams Road)
Irrigation and Landscape Installation
as shown on Plan Sheets 1 through 66.
EXHIBIT N: Contractor's List of Key Personnel
EXHIBIT 0: Stored Materials Records
c;,
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PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
US 41 (SR 90) Tamiami Trail East Phase D
(St. Andrews Boulevard to Barefoot Williams Road)
Irrigation and Landscape Installation
COUNTY BID NO. 07-4080
Separate sealed bids for the construction of US 41 (SR 90) Tamiami Trail East Phase
D (St. Andrews Boulevard to Barefoot Williams Road) Irrigation and Landscape
Installation, addressed to Mr. Steve Carnell, Purchasing Director, will be received at
the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing
Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME,
on the 16th day of November 2006, at which time all bids will be publicly opened and
read aloud. Any bids received after the time and date specified will not be accepted and
shall be returned unopened to the Bidder.
A non-mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 11:00 a.m. LOCAL TIME on the 2nd
day of November 2006, at which time all prospective Bidders may have questions
answered regarding the Bidding Documents for this Project.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, US 41 (SR 90) Tamiami Trail East Phase D (St.
Andrews Boulevard to Barefoot Williams Road) Irrigation and Landscape
Installation Bid No. 07-4080 and Bid Date of November 16, 2006. No bid shall be
considered unless it is made on an unaltered Bid form which is included in the Bidding
Documents. The Bid Schedule (GC-P-1 through GC-P-12) shall be removed from the
Bidding Documents prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined at the
Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida
34112.
Copies of the Bidding Documents may be obtained only at the offices of the Purchasing
Department, upon payment of $30.00 for each set of documents to offset the cost of
reproduction. Return of the documents is not required, and the amount paid for the
documents is nonrefundable.
The following plan room services may have obtained copies of the Bidding Documents
for the work contemplated herein:
McGraw-Hili Construction Dodge
2830 Winkler Avenue, Suite 104A
Ft. Myers. FL 33916
TPA#195363311
GC-PN-1
1684
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within one
hundred and eighty (180) calendar days from and after the Commencement Date
specified in the Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 17th day of October 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TPA#1953633.11
GC-PN-2
r- L
4-
PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-12 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
TPA#1953633.11
GC-IB-1
1684
location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit Reauirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. Ri~ht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
TPA#1953633.11
GC-IB-2
:,.,,'
i..it
,1
Section 5. Sianina of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
TPA#1953633.11
GC-IB-3
1684 ,
opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Requirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
TPA#1953633.11
GC-IB-4
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Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Award of Contract shall be issued to the lowest, responsive and qualified
Bidder determined on the basis of the entire Bid and the Owner's investigations of the
Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall
consider the capability of the Bidder to perform the contract in a timely and responsible
manner. When the contract is awarded by Owner, such award shall be evidenced by a
written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing
Department or his or her designee and delivered to the intended awardee or mailed to
awardee at the business address shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be made by the Board of
County Commissioners in public session. Any actual or prospective bidder who desires
to formally protest the recommended contract award must file a notice of intent to
protest with the Purchasing Director within two (2) calendar days (excluding weekends
and holidays) of the date that the recommended award is posted. Upon filing of said
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at the offices of the Purchasing Director.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
TPA#1953633.11
GC-IB-5
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Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
TPA#1953633.11
GC-IB-6
1684
subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
TPA#1953633.11
GC-IB-7
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 774-8407
FAX (239) 530-6697
www.colliergov.net
r~
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l:.:
ADDENDUM
DATE:
November 8, 2006
TO
FROM~J
\ 0".~
"-'>:,..,
SUBJECT:
Interested Bidders
Brenda Brilhart, Purchasing Agent
Addendum # 1 - BID# 07-4080 - "US 41 (SR 90) Tamiami Trail East Phase D
(St. Andrews Boulevard to Barefoot Williams Road) Irrigation and
Landscape Installation"
. Lane Closures are not allowed until 4/15/07
. County supplies all Motorola controllers, meters, permits, impact fees, etc.
. Design Professional's Estimate $923,874.55.
REPLACE: Bid Schedule (Pages 1-4) -- Bidders must use the Addendum Bid Schedule
Pages in order to be considered for award.
Q: How much is contractor's responsibility for maintenance?
A: Continue maintenance until final acceptance. Plan on maintaining whole Right-
of-Way.
Q: What is required in maintenance?
A: Moving, trash pickup and removal of weeds.
If you require additional information please call Pam Lulich, Transportation Department at
239/774-8192 or me at 239/774-8446 or bye-mail atbrendabrilhart@colliergov.net.
cc: Pamela Lulich, Transportation Dept.
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CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ORIGINAL
<.c'
I
d- -1
US 41 (SR 90) Tamiami Trail East Phase D (St. Andrews Boulevard to Barefoot
Williams Road) Irrigation and Landscape Installation
BID NO. 07-4080
Full Name of Bidder~Ol.N"'J\ 'D\. L.,.",ls(l"'tJ,a :I.vc..
Main Business Address ~~ 11.' Q""",:h N-t-~<t \...cuK l3.o^,;~ ~.~!o. R-.l. 3Cf13S-
Place of Business L ~ ~ ro,^,,, I ~ {5 01\1.' ~ Sfa.~~ El6>i.; ~
Telephone No. 9.1'l-'111~' Q. ~IO Fax No. ~3'1- LfIlK- 6-g ~J?
State Contractor's License # ...} Po &"~ (1~I..cU"k N_Lbt. 1~~7tl ~ ~ 1.\''1
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications, including Addenda issued
thereto and acknowledges receipt below:
Addendum
Number
I
Date Issued
Contractor's
Initials
1) FIt- .
-N O\l~ '! I :;l.OO Eo
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your
bid pages.
TPA#1953633.11
GC-P-1
TPA#1953633.11
BID SCHEDULE
US 41 (SR 90) Tamiami Trail East Phase 0
(St. Andrews Boulevard to Barefoot Williams Road)
Irrigation and Landscape Installation
Bid No. 07-4080
GC-P-2
1684
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MATERIAL MANUFACTURERS
r~ ."
it;
The Bidder is required to state below, material manufacturers it proposes to utilize on
this project. No change will be allowed after submittal of Bid. If substitute material
proposed and listed below is not approved by Engineer, Bidder shall furnish the
manufacturer named in the specification. Acceptance of this Bid does not constitute
acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR
BID WILL BE DEEMED NON-RESPONSIVE.
MATERIAL
MANUFACTURER
TORI) I I{....,'i~..et.(, ,l R Nel..u,,",
_~co ~e-l-~l( ",;6'0
^J~~ El..uh-&.-c. j)'J.~IV-'cJ ! BM"'~
Fl~:.\.... tJ~M"-eJ:
--.fVKt...S.~ ~~c.>~t."<\
ktt.e'" l.~ dw~Jre,'eS
~~N~ L~,.;Jst:4f'^, -:Lv"
didder j
~M~--lA
4.
1. j
::raR~..t...nv e""""'P.^It~
2. ( I
PIA- """r S~i\) MS
----=t"YUt..-So ~h.aw~S
~ V\, l~
()~
3.
5.
Dated ^JIl\J~ l~, 'J.DTl&
BY:
TPA#1953633.11
GC-P-3
LIST OF SUBCONTRACTORS
1684
The undersigned states that the following is a full and complete list of the proposed
Subcontractors it intends to use on this Project with respect to the categories of work
identified below, and that such list will not be added to nor altered without the prior
written consent of the Project Manager. The undersigned further acknowledges its
responsibility for ensuring that the Subcontractors listed herein are "qualified" (as
defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but
not limited to proper licenses, certifications, registrations and insurance coverage. The
Owner reserves the right to disqualify any Bidder who includes non-compliant or non-
qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is
found to be non-compliant with this requirement either before or after the issuance of
the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE
DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the
undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder
shall identify all Subcontractors it intends to use on the Project. The undersigned
further agrees that all Subcontractors subsequently identified for any portion of work on
this Project must be qualified as noted above.
Cateqorv of Work
Subcontractor and Address
1.
~ i:(S .Jl.1\YN
Dated rJ,,,e.o.~ ~oO,
~....k. ~~,J'\'lnl ':;JNc.
:).R111 a......:b, Vc..lt L,.~ S.",:k Sfi~Ft-
llJl '1'1'11
11:.""5. i?lll,c-d Se.<VIlc.$.M..
GD:1o L",+"t.s4t.~ IZ.!. f!1&~ FL.7:J C{,(
P"W'tK P a.. lA JII L-,,,,,,: W ';J.vr..,
JOIJS" e,~ R.~jd2'i~.II"
'A~ ...4 IA 'l;fr.u ...~Sf....,.,1=L.3'1I1$
VI JI VI'1l. ~OMr.'c'c..,..
P.O. p;. lJ)C !; os J I R-. /vf ~ j:{... n", (
I\) E S IrtJl.rc. 5 ~
114"5 ;J~,-.J ~ pf.~ PL
n"/a
\J-.1\M)l... L~c"f''7 ~.
Bidder
Q~---.:L-
2.
s:-k \AJl)~
3.
?1Ml~
4.
_D,'n.eJ-I'V~ lSollU
5.
M ,.~4.t\.U.. .r= '1n..:f&.
BY:
TPA#1953633.11
GC-P-4
STATEMENT OF EXPERIENCE OF BIDDER
<, J..'
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Proiect and Location
1.
J..\\J\~S~ R...A. N~~) P-.
2.
61n~~ / I.M a:~ ~cno)
~"1'y.> I Fl.M..:~
3.
h"",,: S' (? t>wt.v f\l\.,J N~FL,
4.
~1o.J!._~ _Al'1'^ FL~
5.
---.ffi L /(, . &t: l ~ (V,\~'<1 ... j:L.
6.
0>. ~ cc.~ Ro.J AJylu FL
Dated~O('
BY:
TPA#1953633.11
GC-P-5
Reference
e,l J {.-aA fl ~ en" - 77 Lf. k'1'i't
fJI\IIL ~p ~ f~J-.~
~/J.~ ~,~ ;:),3"1-71'1-8'1''1
ml1. 6,{' ('~,LM)
C1/ I.~ rD~ ~~'1- n'f~8'fq'f
M; f........ L"" [.--pi.-,
{],'Jo of N~W ~?"..:1I:S. 5VO~
mfl-1~ ~
C"'b of Fh M.~ ;).~<J.4bl7155
Iht< 7-, is. Sc.h t.1 EO h
(]u)j.....,.,., ~ ?-3,- TJ'1.k,{~
Pm. IS at ~~
-1J..,.N..vI4'L~ /..--dJ~ ~
~dder
LJl~
a;:;.T ,~...u. .~. m
DU. !
20th 06126/06 k- Pr"'f. I.""
TSD Olvmol_ Point. .135,
ON HOLD Ram'Av Rosldonc' . .1370
ON HOLD on "ont., .134'
20 09101/06 Veroo_ W-I' Tn~ "'n,.I..""
20 10101106 III.n. W'I' Tnwn ".n..J'.'34!
20 10/01/06 WII.nn "Iv" ro'n'" IB,''''
NEW PROJECTS
II6!I &I
DU. Il6lI .~. !
20 TSO ."."
20 TeO 0'. p..hl. "~.., ,.j
20 TSO FI nci' "" Th' ron'nnv 16.137
UC TSO I I al ro~".n. 16.130'
10 TSO Ava ",.,io <." IB.13",
UC TSO I No"h ~ , T"'~"po.
UC TSO Wel W..hin...l.....nla .140<
UC TSO
UC TSO
UC TSO
UC TSO
UC TSO
UC TeO
UC TSO
UC TSO
UC TSO
. AHTlCIPATiC I 1..1 ~ I"? I
.
ou. ~T:T'.T ,~. "u,. WI_
TSO An". , in.Ch~,'s Rllov P 6-137
UC TSO In ;... ~
TSO I Goldeo 16-1.M;
TSO Golden Gate Blvd. 6.134
UC TSO Golden Got. Pk,,^, T rn I 1..138
UC TSO LCPA AF " ~
TSO Po" nf 'h. Islands ~
UC TSO ilS 4' w"'r Sourco 6,139
ON HOLD AllAn HIll"'....r Proiect 6-13'
20 03107/05 Azure ill Bonita Bov 1.12..
20 05/01/05 Bock Blv Mlrlnl '.1257
TBO Bre.Aski Re'id.nno -136a
TSO CO.""n" "'.'er "'all -illE
UC TSO COllonti~n' "" V'nn''''1I1 6-1~
TSO Icn..".... 6,,135
2D TSD IF...,n 0 16-1359
TSO '''ulf "n.., Town Coni., 16~3~
UC TBO HA<s R"1Inn ...Rn 1~9
UC TSO Kena Grille Naoles 6-1'0
20 TBO r i n Heodo~B-1371
2D TSO Lemurl. COlch Home. (.1271
20 TSO Moonolio ~nu.," 6-lli
20 TSO N.vnn. "" Tho Colon' 1322
16 U LR
ConlldtnUtl
Confidential
TRENCH SAFETY ACT
1
--.:,lL,
,
/'1
~
,
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety
Measure
(Description)
Units of
Measure
(LF,SY)
Unit
(Quantitv)
Unit
Cost
1.
2.
3
(; ~Il~
LF-~ .
1'-S,OOl.l
.SO
4.
5
TOTAL
$ (;500.'!2
Extended
Cost
6500. rA)
Failure to complete the above may result in the Bid being declared non-responsive.
~NIV't~ l-Jjc"f...O ~.
Bi~
CJ ;::::;l
Dated N/l~ U., ;)0.)5
BY:
TPA#1953633.11
GC-P-6
Upon notification that its Bid has been awarded, the Successful Bidder wJ ~e~t!the
Agreement form attached to the Bidding Documents within ten (10) calendar days and
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within one hundred and twenty
(120) consecutive calendar days, computed by excluding the commencement date and
including the last day of such period, and to be fully completed to the point of final
acceptance by the Owner within sixty (60) consecutive calendar days after Substantial
Completion, computed by excluding commencement date and including the last day of
such period.
Respectfully Submitted:
State of A c.~; J"
County of Le'<..
b",lct. F. H-QNM+ll! , being first duly sworn on
oath deposes and says that the Bidder on the above Bid is organized as indicated and
that all statements herein made are made on behalf of such Bidder and that this
deponent is authorized to make them.
l) ""lrt. ~AI\I ",wi '\. , also deposes and says
that it has examined and carefully prepared its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid; that the statements contained herein are true and correct.
TPA#1953633.11
GC-P-7
~1^
(a) Corporation
The Bidder is a corporation organized and
FI Oil" ~"\ ----;/ which operates
~/V/V....(..l-'!lr.,.., ~.
officers are as follows:
President UwL.. fiu..l-l'P1c +{...,./VWI'l
Secretary Dwl. 'f;U,~"k ~,vM-tl.t
Treasurer D,..,u ~ JJ..,vMV~
Manager "D lWV\.,,\; kl-~ "" l!/I
The PIt&~;J.^* o"k F. Jt~/II",.../1 is authorized to sign construction bids
and contracts for the company by action of its Board of Directors taken
~<.W'\b.c.t g"", JIf~:2. ,a certified copy of which is hereto attached (strike
out this last sentence if not applicable).
.;1,_
L/
,
existing
under
under the laws of the State of
the legal name of
, and the full names of its
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
/II/ft
.
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is
and if operating under a trade name, said trade name is
/IIJPr
,
DATED JV ov_~ ~r.) ~o ,
~AJM4'{A. L.,./J.sc'1"~ .
legal entity
TPA#1953633.11
GC-P-8
~mi,~
~Yj
Witness ~
16B4
BY: b..~ 'F. U~NjVlt~
N0J~ _
Signature
_pY'l.L~; J..vt
Title
STATE OF --EloA.;~"
COUNTY OF Le~
The foregoing instrument was acknowledged before me this Ib~ day of Nov_'- ,
2006, by 'D..~ 1=. }.l..",__", ,as (';Uti..!."'"
of -"AJIlM4'!" L....,hc.,..~ -::J.v\. ,a PI M"~ corporation, on
behalf of the corporation. @she is personally ~n to me or has produced
as identification
and did (did not) take an oath.
My Commission Expires:
~LJ,
~.. Gina o. ThOmal
! . My commilSlon DD30811g
v... ~ Expires April 22, 2008
NAME:
(Si nature of Notary)
?ioa 1), /hxnoS
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State otf3criJa.
Commission No.: :QD3o~1 /q
TPA#1953633.11
GC-P-9
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Qualifier Certification Information
I'
l./.
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!
CDPR2307 - Qualifier Certification Information
Collier County Board of County Commissioners
CD-Plus for Windows
Printed on
10/3/200
1:09:51PM
CERT NBR;
12870
QUALIFIER NBR:
12870
DALE F. HANNULA
CLASS CODE; 4235
STATE NBR;
LANDSCAPING RESTRICTED CONTR.
COUNTY COMP CARD; 3432SC
STATE EXP
LIAB EXP
1/13/2007
WC EXP
1/1/2007
ORIG ISSD
1/20/1993
RENEWAL
EXPIRES
9/30/2007
DBA:
HANNULA LANDSCAPING, INC.
WC EXEMPT: N
OL EXEMPT: Y
ADDRESS;
28131 QUAILS NEST LANE
EXEMPT EXP DATE:
CITY:
BONITA SPRINGS
FL
34135-6932
PHONE;
(239) 992-2210
FAX;
(239)498-6818
IOTE; It is the qualifier's responsibility to keep all business, licensing and requirements
:urrent and to provide up to date copies for Collier County files. This includes all insurance
:ertificates and any change of address information.
t.at. br:
of
35-6932
Lgned:
Qualifier Certification Information
16B4
CDPR2307 - Qualifier Certification Information
collier County Board of County Commissioners
CD-Plus for Windows
Printed on
10/3/200 1:08:52PM
CERT NBR:
18618
QUALIFIER NBR:
IRRIGATION SPRINKLER CONTR.
12870
DALE F. HANNULA
CLASS CODE: 4220
STATE NBR:
COUNTY COMP CARD:
STATE EXP
LIAB EXP
1/13/2007
WC EXP
1/1/2007
ORIG ISSD
7131/1998
RENEWAL
EXPIRES
9130/2007
DBA:
HANNULA IRRIGATION, INC.
we EXEMPT: N
OL EXEMPT: Y
ADDRESS:
28131 QUAILS NEST LANE
EXEMPT EXP DATE:
CITY:
BONIT." SPRINGS
FL
34135-
PHONE:
(239) 992-2210
FAX:
NOTE: It is the qualifier'S responsibility to keep all business, licensing and requirements
current and to provide up to date copies for Collier County files. This includes all insurance
certificates and any change of address information.
Collier C
of
:eJ
StaL", Nbr:
HANNULA IRRIGA
DALE F. HANNUL
28131 QUAILS
BONITA SPRINGS 35-
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BIC' BOND
16 'j !
b4.
KNOW ALl. MEN BY THESE PRESENTS that we Hannula Landscaping rnc
. -- (herein after called the Principal) and
First Sealord SuretL_ rnc ,
(herein called the Surety). oJ cDrporatior: ('hartered and existing under the laws of the
State of Florida with its principal :>ffices in the city of Ft. Lauderdale FL
and authorized to do business in the St9l" 01 __Florida are held and
firmly bound unto theCs:>llier__C.2.unti'_Board of Count v Commissioners
(hereinafter called the Owne': in the full and just sum of
Five Percent_~0mouE~_Bid i.T1..h__"____~ dollars ($ 5% of Bid)
good and lawful money of the United States of America, to be paid upon demand of the
Owner, to which payment well and tlull' It, be made, the Principal and the Surety bind
themselves, their heirs, and executors, adrninistrators, and assigns, jointly and severally
and firmly by these presents.
Whereas, the PIlJ1cipal ie; aGou', (0 subnili or has submitted to the Owner, a Bid for
furnishing all labor. materials. equiprri<>i" , .xi incidenta", necessary to furnish, install,
and fully complete the Worl< 011 the F'rO.lc:..;l 1'J'JO"1n as_
US 41 {SR 90) Lrniami Trail East Phase D
(St. Andrews Boulevard to Barefoot Williams Road)
Irrig<iltioll and L;mdscape Installation
Bid ~lo, (/7-4080
NOW, THEREFORE, if the Owner Shall accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days
after the date 01 a wfirien I~otil;f! of AWard ,,', accordance with the terms of such Bid, and
give such bond or bonds in an an'Ollni ;~,~ 11))% the total Contract Amount as specified In
the Bidding D JCurner, Is ;Jf Co.-Wad (joe.urr", r\'l:s with good and sufficient surety for the
faithful performance of the Agreement and fO,' the prompt payment of labor, materials and
supplies furnished in the pro;;eculiOfld',f.,.;,of or, ill the 8vent of the failure of the
PRINCIPAL to ente,' into SUC,1 Agre8iT,el". 01 to give such !:Joi1d or bonds, and deliver to
Owner the required certifiCQie:; of il1SUl8nce. .r t,.,e PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $_2~88 _~~:~_':Y'i0(8j dbuVH as liquidated damages, and not as a
penalty, as provided in the Bidding Documents, then this obligation shall be null and void,
otherwise to remain in full force and effect.
TPA#195363311
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IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this _ 1 6thday of November ,2006.
Inc.
Principal
BY
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(Seal)
First se~_ ;.ure~y, __~=_c :=.._
David" B. Shick t rne,y I~ct
Counterslgnec _J/.L_.....
David . Shick Florida
Local Resident Producing Agent for ________.
First Sea lord Surety Inc
Surety
(Seal)
Resident I'.gent
TPA#1953633.11
GC.P-11
First Sealord Surety, Inc,. Power No:
Power of Attorney J. 6 B 4 .
MIA-0467 -06-06538
~~~~a~~ ~a~~~:e~~n~~t~te T~: ~a1:~ s d~e~O~~~:~i~~n~t~tu~eCaOn~~~~~~~lth of Penn
Da . hiCk~":David- .' Turcios a/or Steven Schumacher all of Tampa, Florida
.s true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings andother instruments of a
similar nature as fottows:
"~~~~~j,t':I~;~~iJf~dWI:~~~~::~~~~~f~~~d~1r~~;" ~~i~~~~
fudihg@orrJl1et:aKf CO$oranofl:ilS=-fu1lyanolo;thesa-me<exlelit'BSlt!:iigned by,tJle'd m--ers dlJhe
corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, a,fe hereby ratified and confinned~
l~afE~~
Tt)isappointment is lTl,a~e PY'~uant,t9$!J~:lollg~P~jIY-S~_WS_',#t1}q~:,<<e~~{~UIY adopted by th~ Bo~n~ of Djrect~rs of th,e sai1_iffAAr
with all Amendments thereto and CI{~~'$W-'fn ~~ltJor~~~nd~ff~~-~~ ~:'c-:-;::-/:~,-' ;', ""'. -,':" ',i:A~~ 't;-S
, ;~9ticies, BOQ~~'; Recci~~J~Qj,:'5-~H~~i;ris,~:~~'~;ents oK~_~rety, u~~~&,rjt;ing;~n#:~'rt:a~l~:~s,and In~,~r~_~ents~~M
Secijon12-1.:ln~~'rarlce policies, bonds, recognitions, stipulations, consents of s'uretY,and un?€lWriting 'pndert~kingsdth~.Gq~pr~~(m-,~p{.(rele~~:e~~
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,any SU9h,offiCElr~;6.,ttome~~htFact or representative. The authority of such Att()fney-in~F~ct and Age..ots shall :I:>~psp(l:~~cd~
evidencl ... apP(),intrne 'tI sU,~_pppolf}tQ1f3nt an~__911 <.3,uthority wanted t eb ma e revoked at?nytim~ th"
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. ERE st SeafQrd .Surety, Inc,.has"caused these presen
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.-~:uSection 12.2. The ~sepf. a printed facsimile of the corporate seal of the Corporation af]d~f iH~signa~r~ of thy S~~etiHl' ()r.~,o-~jtaqi.;~~9i~1~~~prf$d:-2f~'
any c€lrtification ofilie correctness of a_ copy of an in.$,trunieot executec,i by an authorizeq pecsQn'pursuant to Article XII;-Se9ti9n'1~.;.Jtf.the::Sy~'W~~~~ :;{~{.: -:-:
appointing and authorizing an Attomey~in~Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other -
instruments described in said ,Section 12~1. with !ike effect as if such seal and such signatur~ had been manually affi~~d and made,'" .
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In WitneS;:here6f,,1 hav~hereunto set my hand and affixed the corporate se~1 ofth~ corporaBopio thesepreseDt!; .
this J.k!;, day of AI PVeil1I3e1Z.. ,20~
This power of attorney is void unless the Bond number is lne.ertc.j in this paragraph (insert Bond # here D~ - & C;.;j;j5 ),the bond
number is the same number as on the original b9nd, d the bon'd lil.1p~ber has been inserted by an officer or employee of the 9o~pany or by tre ,apeflt
(seal) ,,/. 'L..... ....~ i .' .....
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First~SeaJord_Surety_POA..doc (Ed. 01120/2004)
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~ 11
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
8. Any addenda have been signed and included.
9. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
11. The mailing envelope must be sealed and marked with:
~Bid Number;
~Project Name;
~Opening Date.
12. The Bid will be mailed or delivered in time to be received no later than the
specified openino date and time. (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
_~tJl\M'("" L~lsc"f'v, ::hvl
~ Name IJ
( J~ ~ -J! f(U{:J~k-
Signature & Title
DATE: Nov-ev.~' ,. ~o06
.
TPA#1953633.11
GC-P-12
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CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with Hannula Landscaping, Inc. ("Contractor") of 28131
Quails Nest Lane, Bonita Springs FL 34135, a Florida corporation, authorized to do
business in the State of Florida, to perform all work ("Work") in connection with US 41
(SR 90) Tamiami Trail East Phase D (St. Andrews Boulevard to Barefoot Williams
Road) Irrigation and Landscape Installation, Bid No. 07-4080 ("Project"), as said
Work is set forth in the Plans and Specifications prepared by McGee & Associates, the
Engineer and/or Architect of Record ("Design Professional") and other Contract
Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: nine hundred twenty five thousand
three hundred ninety six dollars and sixty three cents ($925,396.63).
GC-CA-1
,
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A. in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms.treas.qov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and liquidated Damages.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days frorn the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within one hundred and twenty (120)
calendar days from the Commencement Date (herein "Contract Time"). The date of
Substantial Completion of the Work (or designated portions thereof) is the date certified
by the Design Professional when construction is sufficiently complete, in accordance
with the Contract Documents, so Owner can occupy or utilize the Work (or designated
portions thereof) for the use for which it is intended. Contractor shall achieve Final
Completion within sixty (60) calendar days after the date of Substantial Completion.
Final Completion shall occur when the Agreement is completed in its entirety, is
accepted by the Owner as complete and is so stated by the Owner as completed. As
used herein and throughout the Contract Documents, the phrase "Project Manager"
refers to the Owner's duly authorized representative and shall mean the Division
Administrator or Department Director, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
GC-CA-2
1684
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, one thousand two
hundred and eighty eight dollars ($1,288.00) for each calendar day thereafter until
Substantial Completion is achieved. Further, in the event Substantial Completion is
reached, but the Contractor fails to reach Final Completion within the required time
period, Owner shall also be entitled to assess and Contractor shall be liable for all
actual damages incurred by Owner as a result of Contractor failing to timely achieve
Final Completion. The Project shall be deemed to be substantially completed on the
date the Project Manager (or at his/her direction, the Design Professional) issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek to characterize
the above noted liquidated damages as a penalty, which the parties agree represents a
fair and reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time
periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
GC-CA-3
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G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Exhibit 0:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by McGee & Associates
and identified as follows: US 41 (SR 90) Tamiami Trail East
Phase D (St. Andrews Boulevard to Barefoot Williams Road)
Irrigation and Landscape Installation
as shown on Plan Sheets 1 through 66.
Contractor's List of Key Personnel
Stored Materials Record
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
GC-CA-4
1684
Pamela Lulich/Robert Petersen
Alternative Transportation Modes
2885 S. Horseshoe Drive
Naples, FL 34104
239/774-8192
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
Dale F. Hannula, President
Hannula Landscaping, Inc.
28131 Quails Nest Lane
Bonita Springs, FL 34135
(239) 992-2210
FAX: (239) 498-6818
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
GC-CA-5
,
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Section 10. Successors and Assiqns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governinq Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire Aqreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Chanqe Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
GC-CA-6
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
****
GC-CA-7
1684
.,
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
CONTRACTOR:
Hannula Landscaping, Inc.
By: Q~
D",lc.. F. ti-./IJ/IJ"'/"
Type/Print Name and Title
SE ND WITNESS
bl'Q D. ((]r[f/
Type/Print Name
Date: "5/ ad.-Ib'f--
ATTEST:
, .")~" ~;~':";){'-r
. Br9Ck~:Clerk
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OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
BY:
J,4-~
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- . ttestat~toCha1!'1ll411 ,
. s 1 <;(W,t tIt'" Of< I "
App-rov,"o ASIO 'Form
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Print Name: ~
Assistant County Attorn
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EXHIBIT A
PUBLIC PAYMENT BOND
US 41 (SR 90) Tamiami Trail East Phase D
(St. Andrews Boulevard to Barefoot Williams Road)
Irrigation and Landscape Installation
Bond No. 07-1394
WHEREAS, Principal has entered into a contract datl'ld. as .of the day of
2006 w,'th Obl,'gee for us 41 (SR 90) TAmiami 'l'r\t:L1.East ~e v (St. Andrews
1 RonlPmlrn to ~~(')(").,. W,11,~~ R
in accordance with drawings and specifications, which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Surety be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this
day of 2006, the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of jts governing
body.
TPA#1953633.11
GC-CA-A-1
1684
Signed, sealed and delivered
in the presence of:
PRINCIPAL
Hanrrola landscaping, Inc.
BY: (J~J~
NAME: P",k F H-"AlAJ",I/i
ITS: r~..~;~W'l
STATE OF
COUNTY OF
'fi orIel a.
L .:ee...
The foregoi instrument was acknowledged before me this day of ~
2001, by tAl , as of
t'l , a corporation, on behalf of the
corporation. e is p rso a Iy known to me OR has produced as
identification and did (did not) take an oath. Q,,,,,,,r\ '. 'XA
My Commission Expires: ~'!'" \L) (/~
(Sign ure of Notary)
b~'D.IhDMa"
(Legibly Printed)
.1) GIn8D.'[hOl1\Oll
r ~ . My comm\SllOll [l{)308119
,+..1;1 expimApril22.2008
NAME:
(AFFIX OFFICIAL SEAL)
Notary Public, State of 110M&\.
Commission No.: .'DD3Cil!tl'i'
SURETY:
ATTEST:
First Sealord Surety, Inc.
(Printed Name)
33 Rock Hill Road
BAlli Cynwyd, PA 14002
(Business Address
(Authorized Signature)
Witnesses to Surety
(Printed Name)
TPA#1953633.11
GC-CA-A-2
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As Attorney in Fact
(Attach Power of Attorney)
OR
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Witnesses
David B. Shick
(Printed Name)
7217. Benjamin Road
Tanpa, FL 33634
(Business Address)
(813i) 243-1110
(Telephone Number)
STATE OF Florida
COUNTY OF Hillsborough
acknowledged befo.re me this 28th
David B. Shick
of First Sea10rd Surl!t;y. In".
He/She is personally known to me. OR has produced
as identification and who did (did not)
(S~ ~ Qw
The foregoing
Februa1:y
Attorney-In-Fact
Surety, on behalf of Surety.
N/A
take an oath.
instrument was
, 200~, by
day of
, as
My Commission Expires:
Name: Holly J. Dix ) .,:~;~' ~;;;2ryP~'bli~-Si':;~~1Fi;I~:C;J!:
r,~, ~: ~, 1\ " ifer Oix :J
(Legibly Printed) I....),.;....,'.'.;; MYComm.d1SSlonDD519024
'~---cc_, ~', ,I, , E'X;Jif'~,~ ['2ti5/?010
-- "'=-,="--"-~,,-,,,,,,",,"====,=,=-=-
Notary Public, State of:
Commission No.:
(AFFIX OFFICIAL SEAL)
GC-CA-A-3
TPA#1953633.11
EXHIBIT A
PUBLIC PERFORMANCE BOND
WHEREAS, Principal has entered into a contract dated as of the day of
, 2006, with Obligee for
us 41 (SR 90) Tamiami Trail East Phase D (St. Andrews Boulevard to Barefoot Williams Road) lrr' ti and
in accordance with drawings and specifications, which contract is incorporated 0 ~~ITation
reference and made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract;
and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not affect Sureties
obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to
be performed hereunder, or the specifications referred to therein shall in anywise affect
its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
TPA#1953633.11
GC-CA-A-4
c
This instrument shall be construed in all respects as a common law bond. It is
expressly understood that the time provisions and statute of limitations under Section
255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this
day of , 2006, the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
PRINCIPAL
Hannula Landscaping, Inc.
By/J~M-~
NAME:
ITS:
t)....l... 'F. H-".v"'IIoI~
~.~;~...+
STATE OF ~iJa
COUNTY OF ~
The fore~Oing instrument was acknowledged before me this ...2fh day of
Cl"11rr~ _ , 2006, by hl!e-+laMlJ!a. , as
~ ~l}J2Ia. ~(,aPl~ If'I~_ , a
"'f!t::rrlo.. corporation, on behalf of the corpor~tio . I @he is
personally known to me OR has produced
as identification and did
?; GlnaD.~
~'L . My comml..... DD3C8111
\:...":1 Expire. April 22. 2008
'd not) take a oath.
'V
(Sig ature)
Name: b();;t D. ~.s
(Legibly Printed)
Notary Public, State of: ~
Commission No.: DD3o<3I/9
My Commission Expires:
(AFFIX OFFICIAL SEAL)
TPA#1953633.11
GC-CA-A-5
ATTEST:
SURETY:
1684
First Sea10rd Stmej:y, Inc.
(Printed Name)
33 Rock Hill Road
Ba1a Cynwyd, PA 14002
(Business Address)
(Authorized Signature)
Witnesses as to Surety
(Printed Name)
OR 0
1{\ J) 10
As A~ey in Fa'ct
(Attach Power of Attorney)
~-..~
;~~
Witnesses
David B. Shick
(Printed Name)
7217 Benj amin Road
Tampa, FL 33634
(Business Address)
(813) 243-1110
(Telephone Number)
STATE OF
COUNTY OF
florida
Hillsborotu>l1
The foregoing instrument was acknowledged before me this 28th day of
February , 20057 by David B. Shick ,as Attorney-In-Fact
of First Sea10rd Stmej:y, Inc. , a Surety, on
behalf of Surety. He/She is personally known to me OR has produced
N/A as identificati a d who di (did not) take an oath.
My Commission Expires:
<AFFIX OFFICIAL SEAL)
Name: Holly J. nix
(Legibly Printed)
Notary Public, Sta\e()f:""
Commission No.; ;t J
... N~;:;;.y-Pu\)Ii~'-St;t~~f Fior';da
f.!oii'; i@r.niferDix
Mv Commission DD519024
:,.:;,.,',:,3 8:,'~5i2010
...~"="""'""'---
TPA#1953633.11
GC-CA-A-6
I '
, 1""
,.!-.. \.-.",'
First Sealord Surety, Inc.
Power of Attorney
Power No: MIA-0467 -07 -00376
-' - '- --
. .
KNOW ALL MEN BY THESE PRpSENTS; I1j3t Fi.rst~~lo"jSurety,Jnc., a corporation of the Commonwealth of PennsyMmia, (l1e,einafler tlie
"Company") has made, constitutelt~,_9__appoi~!e,d_~-apd qythese pr~erlts does make, constitute and appoint -
DavidR--ShicK.t)avidR~ Turcios and/or Steven Schumacher all of Tampa, Florida
its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a
similar nature as follows:
_ :'_,_ :'"'. " " ,-,' ~?_:NQtT()E~?~dFo~r Mi'-.Ji~nDollarsm.__._--..~_.-:-__:-($41000JOOO.OOl~***.****
S1,Ich'ipsqr?rC6._poflPies, 's,urety---~o~d_s, ~nde,rtakingsandlnstruments for said purposes, when~uly ex~gJted by the afqr~aidf\ttom~y~in-fac~sh~lJ-be
binding uPdnthesaia Corporation_as Jully and to the sam-e extent as'if signed by the duly authorized officers of the Corporation and sealed wiUi.its"
corporate seal; and all the acts of said Attomey-jn~Fact, pursuant to the authority hereby given, are hereby ratified and confirmed.
This appointment is made pursuant to the folloWing_ By-L~wswhich were duly adopted by the Board of Directors of the said Qorporation on April 7, 2003
with all Atnendments thereto and arestiJI in full force and effect:
';,
"Artic)e XII: policies, Bonps, Recognitions, Slipulations;Gonsents of Surety, Underwriting Undertakings, and Instruments "Relating Thereto.
Section 12-1, Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases,
aW~~rT1enJ;s an~other""'{~t.ings."r~l~ting,,,~n. arl}' Vf?y tl1~re~?pr tqa,~y,slaim or los~,th~rel!nder, s~allbe!:;iQned in the qam,e Ciq~ onb~,half qf,the:" , ",
C,8tPQ~ati,8n:,altiy.lhe Shairrn~~Qf~he,ap~(d ,\hePresl~~ht .Q( ~Vjc~I'resideN, a~,d qtt~,e S~P\eta'l' qranAssist'l.nt $((~retary;0[ 'b) by an, Atlorn~y- ,
in"fll,,!(qr,the.G~t~,6raliOn aPP,61~\,ed~nda4thq!iz~d, bY,,!h,e C~9i([T1~n 'lIthe Bq~rd"!heP'l'si~ent,,.o',? Yi,ce Presid~,r1No ",a~.e such~!gn'lture; orcl,by,
such other officers,"8r ret)resentatives as the Board'may from tima to time detemilne. Th's seal'Of the CorporatIon shall' if ap'proprl'ate be affixed "thereto by'
any such officer, Attorney~in~Fact or representative. The authority of such Attorney~in~Fact and Agents shall be as prescribed in the instrument
evi~e~9ing th~ir.appointrnen~., Any s~"ch appointment and all authority granted th,~re~y maybe revo~e~ ~t any time by the Board of Directors orby any
'" per,*Qr1.',:'e~P9~~r~,~,:"~O:'::~,k~',,,,~uchapPOinbnent.".. . ,,,,,,:,,,,' ""',,: "i" "~"': ';":, ""..::''''",':",'''' ,'. \"".... '
;,;""I~': ~rr~,~:s~:::;~,~~'~E'd"~:;":':':.:~'i~t Se~l.prd SIJTety, Inc. has caused these presen'~"i~ b~;,d~;~.:~ig,r:e'~:' ~;:Q~",itS' Corp~~~t~, seal to be hereunto affixed and'. d-uly
""atte's~:~'i.',this,';'ib,rth day of.','j,'ahuary, 2004:,'-'-- .':';,;;:"',,"",,",','::<'-" """'''' '"'''''',i'.'';'''''',,''' "''''''1"'''"",,,'''',
~,
{~\~\
(Seal)~",,~\.! Attest:
'.i..;.,.~ .. .o...~"
~",I'I""'-
~c~
../
Gary L. Bragg, Secretary
By:
First Sealord Surety, Inc.
Joel.~preSident
C9'lll:!1oqwe~l.t~,,9f Po~n~ylv"qia '"
]ou"ly',~I::M~~\!lqrn~r\i:."'::,,,..":' "', '" . .,
"".';:'::::",:"':1'1 "I';,':,:"::,.',:i':'i';',,,; ;",::,::;:';!:";,;,',,',';,"',I':,,,,,;,,,,,,,, "','I,,:',";'::':':';":!:;';;'", .. ._... .._...... ..""':""';'::, ".',;""""",:'''':",,;,,. ,.'"';'1''''''',''' "", """":',":";::""'..;
<,,:,: Ont~i,~"~dth'''~'y of Jan~~\li, 2004,before me porsonallyappeared Joel D. Codp~"'li3n, \o{i,Ce:.I"'esi~,~~t of First i;i~.~lord Surety, Inc., with whom I am
personally acquainted, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is Vice President of First
Sealord Surety,. Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said
", Cq,~PR~~tiq,~;;"thq,~"t~E(,s~,1 :,a~.~~d,,'t9 ~~.i-9 ins~~pl:Q,~n,t.-i~ ~y,!?q,;"~or~,Qfa~e,,,,~,~al; tha~itwa'~ ,~q. a~xe,cl,;,~Y qr~er,ef ,~~,~"~q,~rcl,,,,o~ glr~,~o~"pf.~a!.d Cpr~eralioQ,i
aQ~:tm~tq,~. ed~,!S n~trle.\Il~t!>l~".~s ~1gefre!'i1,,~nt ~l..~ai<!,qor~Ol)3!IWr by Ii~e ~UlhQ[~t,<,. <'>',' NWeA~ ...bj;~ . Nll'tlVANiA ........... ........ ....
'"'' '~"3"~ii<;" . """:"""';~'" "".J;i.;."" ''''(:::~r~'''''i'' ' , , , " "',........,,,,c.t,,,"'"'' "'."
(seal)l(t:.\~~ '.. ......~.~.7~/ -NotaryPublic ~~a:.~~
.~ ~'l .. ". My~~Aug.5,~10
<",tf> . <, ,. . .'. > '.. .'. .... .Cj;RTtFICATE ............ ......... ........... '., ............M."'...',P~~~.~.""".,Noliltl<>o
II'the uo#~r,,,:,s'~crei~,~, of First Sealordpuretr;,lnc';~QherebY_oottiiy that~e 6rigi~~l:Po~~~' of'A~tPm'ey Of..,~i~h th~,fPreg9jn9 _is_ a fU-lI;'trUei3od
"; cq~~9tl"~'~Y';",I~",'in full forQ~,,'and e~qon:the tla,t~Qf this:_gertificate and I do fU!i./1ec~rtltY 't11,~,~',,#le 9fficer who ~;l<~tuted th_e- saidPol,YerofAttorfley was
one of "the Officers authdriz'l3d by the<Board of-Directors to appoint an Attorney~ii1-,;Fatt as 'provided"'ln Section 12.::1 of the BY~Laws of FirstSealord
Surety," Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By-Laws of First Sealord
Surety, Inc.:
" - " - " ,," " -
0,' "',, ,,_
-" ", ""
"~,eFt9n,:~~_2:i. )~'~e,~se ;(jf aprjnI~ ',f~cSiftI~~ Ofth~:porpiiate seal ,of t'1~ CorpO{~ti90 and pf tl)~,s:jgn~~ure:ofthe Secn~~ry- oran As~~stcltJt SecretClrr on
allY cktt1icatron'Uf the eorrecfness"ofcEHIDpyofan ihstrument~executed by an authorized person pursuant to Article:Xn, Sehtion 12'-1Ot the By~Laws-
appointing and authorizing an Attomey-in~Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other
instruments described in said Section 12-1, with like effect as if such seal and such signature had been manually affixed and made."
;', ,'" "
In,Witness, W~,er~of;.' I
thi$~
This power of attorney is void unless the Bond number is inserted in this paragraph (insert Bond #: here 07-1394 ), the bond
number is the same number as on the origina,1 bond, d the bond number has been inserted by an officer or employee of the Company or by the agent.
seal ,ofth'e QorpOr?li,pnt()thes'~ p:rese/lts
(seal)
First_Sealord_Surety_POA.doc (Ed.
ACORD," CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNYYY)
03/21/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
4100 Goodlette Road N, #100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Naples, FL 34103 -3303
239 261-3646 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Cincinnati Insurance Company
Hannula Landscaping, Inc. & INSURER B: FCCllnsurance Company
Hannula Irrigation, Inc. INSURER c:
28131 Quails Nest Lane INSURER D:
Bonita Springs, FL 34135 INSURER E:
Client#. 33375
HANLA1
J6B
l.!.
,
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POLICY NUMBER PJ'.k~~~ti~)6SWIE Pgi!fJI~,:,~~N LIMITS
A ~NERAL LIABILITY CPP0891533 01/13/07 01/13/08 EACH OCCURRENCE $1 000 000
X COMMERCIAL GENERAL LIABILITY ~~bGE TO RENTED $100000
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $5000
- PERSONAL & ADV INJURY '1 000 000
- GENERAL AGGREGATE .2 000 000
GEN'L AGG~EnE fLlMIT APPlS IPER: PRODUCTS - COMP/OP AGG .2 000 000
~' PRO-
POLICY JECT laC
A ~TOMOBILE LIABILITY CPP0891533 01/13/07 01/13/08 COMBINED SINGLE LIMIT
~ ANY AUTO (Eaaccident} '1,000,000
. ALL OWNED AUTOS BODilY INJURY
f-- (Per person} $
f-- SCHEDULED AUTOS
~ HIRED AUTOS BODilY INJURY
$
~ NON-OWNED AUTOS (Per accident)
f-- PROPERTY DAMAGE $
(Per accident)
RRAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
A 0ESS/UMBRELLA LIABILITY CPP0891533 01/13/07 01/13/08 EACH OCCURRENCE .3 000 000
X OCCUR D CLAIMS MADE AGGREGATE .3 000 000
.
8 DEDUCTIBLE .
X RETENTION $0 .
B WORKERS COMPENSATION AND 001 WC07 A40029 01/01/07 01/01/08 X 1-r~~J!~I~~ I IOJ~-
EMPLOYERS' LIABILITY .500,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE .500,000
If yes, describe under .500,000
SPECIAL PROVISIONS below E.L. DISEASE POLICY LIMIT
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate Holder is Named as Additional Insured on a primary basis as
respects to: General Liability Only as needed by contract, per form GA 472
1001.30 Day Cancellation Notice. Umbrella is in excess of all policies
shown on this certificate.
(See Attached Descriptions)
CERTIFICATE HOLDER
CANCELLATION
Board of County Commissioners
Collier County, FL
3301 East Tamiami Trail
Naples, FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ---3D..... DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ACORD 25 (2001/08) 1 of 3
#S306656/M305754
CAH
@ ACORD CORPORATION 1988
~~..t
I
,J,
;~r
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001/08)
2 of3
#S306656/M305754
16RLt
DESCRIPTIONS (Continued from Page 1)
Contract #07-4080 US 41 (SR90) Tamiami Trail East Phase 0 (St. Andrews
Blvd to Barefood Williams Road)
AMS 25.3 (2001/08)
3 of 3
#S306656/M305754
/) )fa
,)"1-
/
EXHIBIT B
INSURANCE REQUIREMENTS
(1) The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed
minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and
amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole
responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the Project by the Owner or as specified in this
Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in
Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice
of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place
the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of
all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner.
,J) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of
policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor
shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor
from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor
hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance
program carried by the Owner applicable to this Project.
(7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or
agreement by the Owner that the insurance requirements have been satisfied or that the insurance
policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors work, insurance of the types and to the limits specified in this
Section unless such insurance requirements for the Subcontractor are expressly waived in writing by
the Owner.
(9) Should at any time the Contractor not maintain the insurance coverage's required herein, the
-- vner may terminate the Agreement or at its sole discretion shall be authorized to purchase such
GC-CA-B-1
16B4
coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse
- wner for such costs within thirty (30) days after demand, Owner has the right to offset these costs
..om any amount due Contractor under this Agreement or any other agreement between Owner and
Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage's purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
(10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, the Contractor shall fumish to the Owner, renewal or
replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their
expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be
considered justification for the Owner to terminate the Agreement.
(11) All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.1 All insurance policies, other than the Business Automobile and Workers Compensation
policies, provided by Contractor to meet the requirements of this Agreement shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under
this Agreement and shall contain a severability of interests provisions.
11.2. Companies issuing the insurance policy or policies shall have no recourse against
Owner for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Contractor.
11.3. All insurance coverages of Contractor shall be primary to any insurance or self-
insurance program carried by Owner applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by Contractor shall not apply to any
insurance or self-insurance program carried by Owner applicable to this Project.
11.4. The Certificates of Insurance, which are to be provided on the form set forth in
Attachment I to this Exhibit B, must identify the specific Project name, as well as the site
location and address (if any).
11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
11.6. All insurance policies to be provided by Contractor pursuant to the terms hereof must
expressly state that the exclusive venue for any action concerning any matter under
those policies shall be in the appropriate state court situated in Collier County, Florida.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? ~ Yes _ No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
- 'ntractor during the term of this Agreement for all employees engaged in the work under this
GC-CA-B-2
"::1
Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall
- ,t be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability
2L $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the Owner and the policy shall be
so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work. (check one)
D Applicable [gJ Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work. (check one)
D Applicable [gJ Not Applicable
COMMERCIAL GENERAL LIABILITY
~quired by this Agreement? X Yes ~ No
(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,
Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage. Limits of Liability shall not be less than the following:
L General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit
under LIMITS OF INSURANCE applies separately to each of your projects away from premises
owned by or rented to you."
(3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such
coverage shall be primary to any similar coverage carried by the Owner.
GC-CA-B-3
1684
(4) Coverage shall be included for explosion, collapse or underground property damage claims.
,S) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement. (check one)
o Applicable ~Not Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if
applicable to the completion of the work under this Agreement. (check one)
o Applicable ~ Not Applicable
PROPERTY INSURANCE. BUILDERS RISK
(1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property required to be covered,
whichever is earlier. This insurance shall include interests of the Owner, the Contractor,
Subcontractors, Sub-subcontractors and Material Suppliers in the Work.
..<')) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover
.;asonable compensation for Professional's services and expenses required as a result of such
insured loss. At the Owner's option, flood and windstorm insurance will also be purchased.
(3) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for
any deductible associated with the all-risk policy described above shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents. The responsibility of the Contractor for any deductible associated with the flood or
windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit.
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors
and Sub-subcontractors in the Work.
GC-CA-B-4
(6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
-',..,y of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
..Iesign Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall
provide waivers of subrogation by endorsement or otherwise.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made
payable to the Owner for the insured, as their interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? lL Yes _ No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:
Bodily Injury & Property Damage - $ 500,000
L- Bodily Injury & Property Damage - $1,000,000
Bodily Injury & Property Damage - $ 2,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability,
and Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
GC-CA-B-5
1684
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
,)UNTY OF COLLIER
STATE OF FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated , 2006 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
perfonnance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2006, by
,~~ ,a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
TPA#1953633.11
GC-CA-C-1
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EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
= Less Retainage $
Less previous payment (s) $
% AMOUNT DUE THIS
% APPLICATION: $
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage@ _0/0 after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
INTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
.cceived from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
TPA#1953633.11
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EXHIBIT E
CHANGE ORDER
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TO:
Project Name:
Bid No.:
Change Order No.:
FROM: Collier County Government
Construction Agreement Dated:
Date:
Change Order Description
Original Agreement Amount ...........................................,..,............$
Sum of previous Change Orders Amount .......................................$
This Change Order Amount ...........................................................$
Revised Agreement Amount ...........................................................$
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by: Date:
Project Manager
Recommended by: Date:
Design Professional
Accepted by: Date:
Contractor
Approved by: Date:
Department Director
Approved by: Date:
Division Administrator
Approved by: Date:
Purchasing Department
GC-CA-E-3
Authorized by
Director
(For use by Owner: Fund
Number: )
Cost Center:
GC-CA-E-4
Date:
1684
Object Code:
Project
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EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
Design Professional's Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
TPA#1953633.11
GC-CA-F-1
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The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on
,2006
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2006
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2006
OWNER
By:
Type Name and Title
TPA#1953633.11
GC-CA-F-2
1684
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.:
Contractor:
Project No.:
Date:
,2006
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount:
Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement:
Actual Date of Substantial Completion:
Calendar Days.
Final Completion Time as set forth in the Agreement:
Actual Final Completion Date:
Calendar Days.
YES
NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
(Company Name)
(Signature)
(Typed Name & Title)
By Contractor:
TPA#1953633.11
GC-CA-G-1
By Design
Professional:
By Owner:
TPA#1953633.11
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(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
GC-CA-G-2
EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1684
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, desig n and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
TPA#1953633.11
GC-CA-H-1
16
"
those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
TPA#1953633.11
GC-CA-H-2
1684
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m.,
Monday through Saturday. Lane closures are only permitted between the hours
of 9:00 a.m. and 3:30 p.m. No work shall be performed outside the specified hours
without the prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
TPA#1953633.11
GC-CA-H-3
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4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each subsequent Application for Payment, Contractor also shall
complete and submit to Owner as part of its Application for Payment, the Stored
Materials Record attached hereto and made a part hereof as Exhibit O.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner. The Project Manager shall have the discretion to establish, in writing, a
schedule to periodically reduce the percentage of cumulative retainage held through out
the course of the Project schedule. Owner reserves the right to reduce the amount of
the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing
Policy.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
TPA#1953633.11
GC-CA-H-4
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4.7 Each Application for Payment shall be accompanied by a Release and Affidavit,
in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full
for all materials, labor, equipment and other bills that are then due and payable by
Owner with respect to the current Application for Payment. Further, to the extent
directed by Owner and in Owner's sole discretion, Contractor shall also submit a
Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the
form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor
or supplier has been paid in full through the previous month's Application for Payment.
The Owner shall not be required to make payment until and unless these affidavits are
furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
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5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
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substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
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8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
8.1.3
personnel;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation oftime equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the p.roject
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
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faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
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9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
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sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim.
Claims not settled by the aforesaid procedure, shall be resolved according to the
Dispute Resolution Procedure copies of which are available in the County Attorney's
Office or Purchasing Department. All Claims shall be priced in accordance with the
provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
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or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
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for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
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bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County penn its
and fees, including license fees, pennit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for pennits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the perfonnance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
detennines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
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of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
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notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
TPA#1953633.11
GC-CA-H-16
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they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retain age shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of gpod quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
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the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
TPA#1953633.11
GC-CA-H-18
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23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Builder or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
TPA#195363311
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16 R 11
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as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
TPA#1953633.11
GC-CA-H-20
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shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
TPA#1953633.11
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encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the perfonnance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other fireann, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
TPA#195363311
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28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
TPA#1953633.11
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meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.netlpurchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor
shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
TPA#1953633.11
GC-CA-H-24
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
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33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner will be an additional insured on
all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties
directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the
subcontract or purchase order. Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract, copies of the Contract
Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
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33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
34.1.4
34.1.5
34.1.6
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
34.1.12
34.1.13
34.1.14
34.1.15
34.1.16
34.1.17
TPA#1953633.11
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
GC-CA-H-27
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
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Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
TPA#1953633.11
GC-CA-H-28
TPA#1953633.11
1684
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
GC-CA-I-1
EXHIBIT J
TECHNICAL SPECIFICATIONS
TPA#1953633.11
GC-CA-J-1
EXHIBIT K
PERMITS
1684
TPA#1953633.11
GC-CA-K-1
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EXHIBIT L
STANDARD DETAILS
TPA#1953633.11
GC-CA-L-1
EXHIBIT M
PLANS AND SPECIFICATIONS
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TPA#1953633.11
GC-CA-M-1
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DATE CERTAIN
DATE:
DATE:
CONSTRUCTION AND CONTRACT TIME LINE SCHEDULE
BID # 07-4080
US 41 (SR 90) Tamiami Trail East Phase D
(St. Andrews Boulevard to Barefoot Williams Road)
Irrigation and Landscape Installation
CONTRACT AND/OR CONSTRUCTION ACTIVITIES
CONTRACT AWARD
NOTICE TO PROCEED
DATE:
DATE:
PROJECT SUBSTANTIAL COMPLETION OBSERV A TION
CREA TE OBSERV A nON PUNCH LIST FOR
ENTIRE PROJECT
DATE:
DATE:
DAYS TO MAKE OBSERVATION PUNCH LIST CORRECTIONS
DATE:
DATE:
FINAL COMPLETION OBSERVATION
COlliER COUNTY. DESIGN PROFESSIONAL
DATE:
DATE:
FINAL ACCEPTANCE NOTIFICATION
DATE:
..... 'i2~ONTH$ .... . ANNUAL WARRANTY OBSERVATION
DATE:
CORRECTIONS & NOTIFICATIONS
WARRANTY ACCEPTANCE NOTIFICATION
COLLIER COUNTY. DESIGN PROFESSIONAL
APPROVED BY:
DATE:
DESIGN PROFESSIONAL
DATE:
COLLIER COUNTY
TRANSPORTATION DEPARTMENT
DATE:
CONTRACTOR
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
TPA#195363311
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MEMORANDUM
Date:
March 14, 2007
To:
Brenda Brilhart, Purchasing Agent
Purchasing Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Contract #07-4091
"Golden Gate Boulevard Phase III Collier County
Landscape Beautification Master Plan"
Contractor: Hannula Landscaping & Irrigation, Inc.
Attached please find three (3) original contracts, as referenced above,
(Agenda Item #16B5), approved by the Board of County Commissioners
on Tuesday, January 23, 2007.
An original has been retained in the Minutes and Records Department
and one has been sent to the Finance Department.
If you should have any questions, please contact me at 774-8411.
Thank you.
Attachments (3)
tl;:]
ITEM NO.:
DATE RECEIVED:
FILE NO.:
07--- PR-€-~ OtJ6 t;7
ROUTED TO:
DO NOT WRITE ABOVE TIDS LINE
REQUEST FOR LEGAL SERVICES
Date: March 8, 2007
To: Robert Zachary
Assistant County Attorney
From: ~ \ Brenda Brilhart,
W Purchasing Agent
Re: Contract #07-4091 "Golden Gate Boulevard Phase III Collier County
Landscape Beautification Master Plan"
Contractor: Hannula Landscaping & Irrigation, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on January 23,2007
Agenda Item: 16.B.5
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
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Memorandum
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DATE:
March 8, 2007
~
Wayne Fiyalko, Senior Analyst
Risk Management Department
FROM: @ Brenda Brilhart, Purchasing Agent
Purchasing Department
N
TO:
RE:
Review ofInsurance for: #07-4091 "Golden Gate Boulevard Phase III
Collier County Landscape Beautification Master Plan"
Contractor: Hannula Landscaping & Irrigation, Inc.
This Contract was approved by the BCC on January 23, 2007 Agenda 16.8.5
Please review the Insurance Certificate and Payment and Performance Bonds in this
Agreement for the referenced Contract. If everything is acceptable, please forward to the
County Attorney for further review and approval. I would appreciate it if you would
advise me when it has been forwarded.
If you have any questions, please contact me at 239/774-8446.
cc: Pam Lulich, ATM/Transportation Department
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TPA#1953633.11
Golden Gate Boulevard Phase III
Collier County Landscape Beautification Master Plan
COLLIER COUNTY BID NO. 07-4091
COLLIER COUNTY, FLORIDA
Design Professional:
Windham Studio, Inc.
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
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TABLE OF CONTENTS
16B5
1
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT 0: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by Windham Studio, Inc.
and identified as follows: Golden Gate Boulevard Phase III
Collier County Landscape Beautification Master Plan
as shown on Plan Sheets 1 through 18.
EXHIBIT N: Contractor's List of Key Personnel
EXHIBIT 0: Stored Materials Records
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
1685
Golden Gate Boulevard Phase III
Collier County Landscape Beautification Master Plan
COUNTY BID NO. 07-4091
Separate sealed bids for the construction of Golden Gate Boulevard Phase III Collier
County Landscape Beautification Master Plan, addressed to Mr. Steve Carnell,
Purchasing Director, will be received at the Collier County Government Complex, 3301
Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida
34112, until 2:30 P.M. LOCAL TIME, on the 13th day of December 2006, at which time
all bids will be publicly opened and read aloud. Any bids received after the time and
date specified will not be accepted and shall be returned unopened to the Bidder.
A non-mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 1 0:00 a.m. LOCAL TIME on the 30th
day of November 2006, at which time all prospective Bidders may have questions
answered regarding the Bidding Documents for this Project.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Golden Gate Boulevard Phase III Collier County
Landscape Beautification Master Plan Bid No. 07-4091 and Bid Date of December
13, 2006. No bid shall be considered unless it is made on an unaltered Bid form which
is included in the Bidding Documents. The Bid Schedule (GC-P-1 through GC-P-12)
shall be removed from the Bidding Documents prior to submittal. One contract will be
awarded for all Work. Bidding Documents may be examined at the Purchasing
Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112.
Copies of the Bidding Documents may be obtained only at the offices of the Purchasing
Department, upon payment of $30.00 for each set of documents to offset the cost of
reproduction. Return of the documents is not required, and the amount paid for the
documents is nonrefundable.
The following plan room services may have obtained copies of the Bidding Documents
for the work contemplated herein:
McGraw-Hili Construction Dodge
2830 Winkler Avenue, Suite 104A
Ft. Myers, FL 33916
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
TPA#195363311
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Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within one
hundred and eighty (180) calendar days from and after the Commencement Date
specified in the Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 13th day of November 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Stephen Y. Carnell, C.P.M.
Purchasing and General Services Director
TPA#1953633.11
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PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-12 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
TPA#1953633.11
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location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit Reauirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. Riaht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
TPA#1953633.11
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16u5
Section 5. Sianina of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corpor~tion or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or Clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
TPA#1953633.11
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16B5 '
opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions .to
the Agreement.
Section 10. Material Requirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
TPA#1953633.11
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1685
I"
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Award of Contract shc:W be issued to the lowest, responsive and qualified
Bidder determined on the basis of the entire Bid and the Owner's investigations of the
Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall
consider the capability of the Bidder to perform the contract in a timely and responsible
manner. When the contract is awarded by Owner, such award shall be evidenced by a
written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing
Department or his or her designee and delivered to the intended awardee or mailed to
awardee at the business address shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be made by the Board of
County Commissioners in public session. Any actual or prospective bidder who desires
to formally protest the recommended contract award must file a notice of intent to
protest with the Purchasing Director within two (2) calendar days (excluding weekends
and holidays) of the date that the recommended award is posted. Upon filing of said
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing P-olicy. A copy of the Purchasing
Policy is available at the offices of the Purchasing Director.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
TPA#1953633.11
GC-IB-5
Section 13. Sales Tax
1685
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
TPA#1953633.11
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1685
subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's revi~w and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287. 133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
TPA#1953633.11
GC-I B-7
16B5
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 774-8407
FAX (239) 530-6697
www.colliergov.net
ADDENDUM
DATE:
December 6, 2006
TO: /,,-;;lnterested Bidders
FROM: ~Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum # 1 - BID# 07-4091 -- "Golden Gate Boulevard Phase III
Collier County Landscape Beautification Master Plan"
· Lane Closures are not permitted until 4/15/07
· County supplies all Motorola controllers, meters, permits, impact fees, etc.
· Sheet GC-P-3 shall be completed and submitted with bid.
· Sheet GC-P-4 shall be completed and submitted with bid.
· Contractors and subcontractors are shall be licensed in Collier County.
· The subcontractors: directional boring and paver contractor are required to be
licensed in Collier County.
· The Landscape Contractor shall be a licensed landscape and irrigation contractor in
Collier County in order to perform the work.
· Maintenance of Traffic Certification must be submitted with the Bid.
· Design Professional's Estimate ,$439,035.26
REPLACE:
Bid Schedule GC-CA-2 (Pages 1-3)
Q: Bid Schedule: Section II. Site Demolition, Preparation and Disposal, Item
Number 5. Time to locate existing sleeves utilizing Collier County RD-4000
locator equipment. Will someone from the County meet with the contractor to
locate the sleeving?
A: Yes, the A TM Department has RD 4000 locating equipment and is responsible
for locating irrigation lines when locate tickets are called in.
1 6 ..,....."~
oj
Q: Brick Pavers: The requirement for density testing and compaction testing could
not be found in the plan specifications. Is the 98% compaction of the aggregate
sub base required?
A: The density testing and compaction testing is required. See attached paver
specifications.
Q: Please confirm if the mulch is the County Blend?
A: Yes, the specified mulch is Forestry Resources Collier County Blend,
Eucalyptus Colored Mulch 4" Fluffed.
Q: The plant material specified, Magnolia grandiflora, 65 gallon, 14'OA is not
available in that size and can be found at a 10'-12' height. What should the
contractor specify, the height of the tree or the gallon size?
A: Contractors are to bid the fullest 65 gallon and maximum height to 14'-0".
Q: Bid Tabular, Section V. Irrigation Materials, Item Number 1. Will the contractor
be applying for the South Florida Water Management Permit?
A: Collier County has obtained the SFWMD permit for all wells on Golden Gate
Blvd.
DELETE: Bid Tabular, Section V. Irrigation Materials, Item Number 1. Delete only one line
which reads: "Contractor to include and file all forms and applications to secure
the SFWMD permit."
REPLACE:
"Contractor responsible for drilling the well to 100' depth, 6" well".
Q: Should the contractor specify Naples Electric Motor Works VFD or Hoover?
A: The plans, bid tabulation and specifications should all indicate Naples Electric
Motor Works.
Q: Irrigation Sheet IR-7, Is the power supply to the pump station supplied by the
County?
A: Yes.
Q: In the Electric Pump Detail, does the price include the concrete pad?
A: Yes. The concrete pad for the pump station is provided by the contractor.
Naples Electric provides a prefabricated slab which is part of the pump price.
Q: Clarify the Irrigation fittings.
A: Harco Fitting are required on the 3" and 4" mainlines.
Q: Per Sheet IR-5, Could a line item be added for 50' of 2" HOPE sleeving.
A: A line item for 2" HOPE sleeving is added to the revised bid tabulation.
Q: Bid Tabular, Section V. Irrigation Materials, Item Number 7. Does not the
County supply and install the controller?
A: Yes, the county will supply and install the controllers.
2
1685 '
MODIFY: Add (BY COUNTY) to Bid Tabular, Section V. Irrigation Materials, Item Number
7.
Q: Are there any additional grounding requirements?
A: Add two (2) grounding rods drilled to 20 'depth with a 10' spacing. The
grounding rods are needed at the pumping station located in the median.
Q: Is maintenance during construction required?
A: Road and Bridge will mow the sides of the right of way.
Q: Bid Schedule Section V. Item number 23.
A: The contractor is to install the OMNI locator balls which will be supplied by the
COUNTY.
Q: Are there any existing sleeves?
A: Yes.
If you require additional information please call Pam Lulich, Transportation Department at
239/774-8192 or me at 239/774-8446 or bye-mail atbrendabrilhart@colliergov.net.
cc: Pamela Lulich, Transportation Dept.
Ene: 1
3
7685 1~
DIVISION 2
SECTION 04200
BRICK PAVING
PART1-GENERAL
1.01 SUMMARY
This section specifies requirements for the preparation aggregate base, supplying and installation of
brick paving is shown on the drawings and include:
1. Hand tight joints, sand filled on 6" limerock aggregate base.
2. See Exhibit "A"
1.02 RELATED SERVICES
1. Preparation of subgrade
2. Supply of place base course materials
3. Applications of soil sterilant
SERVICES INCLUDED
1. Supply and place bedding course
2. Supply and install pavers of quality, shape, thickness and color as specified.
3. Supply and place all accessory items as required by the contract.
DESCRIPTION OF WORK
1. The extent of the paver work is as shown on the drawings and/or as specified herein.
2. Layout pattern shall be herringbone pattern, 45 degree with a single course border or
as shown on the drawings.
1.03 QUALITY ASSURANCE
A. Qualifications:
1. Installer: Subcontract brick paving work to a firm with not less than 3 years of
successful experience in the required types of applications.
2. Sample Installation: Prior to the installation of brick paving work, fabricate sample
panel using materials. Build panel at the site as directed, of full thickness and
approximately 4'x3', in the completed work. Obtain Landscape Architect's
acceptance of visual qualities of the panel before start of brick paving work. Retain
panel during construction as a standard judging completed brick paving work. Do
not alter, move or destroy sample panel until work is completed. Provide a sample
panel for each type of brick paving required.
Do not change the source of brands of brick or related materials during progress of
work.
1.04 SUBMITTALS
A. Product Data:
For information only, submit 2 copies of the manufacturer's technical data for each
manufactured product, including certification that each product complies with the specified
requirements. Include instructions for handling, storage, installation and protection of each
product. Transmit copy of each instruction to the Installer.
4
1685
B. Samples:
Submit 2 samples of each type of paving brick required. Include in each set the full range of
exposed color and texture to be expected in the completed work. Landscape Architect's
review will be for color and texture only. Compliance with all other requirements is the
exclusive responsibility of the Contractor.
JOB CONDITIONS
Site requirements: No concrete pavers shall be laid on improperly prepared base.
Protection of Work: At the end of each work period, protect unrestrained edges with plywood or similar
material.
PART 2 - PRODUCTS
2.01 MATERIALS
A. PRECAST CONCRETE BRICK PAVING UNITS:
The interlocking pavers shall follow the design criteria of ASTM C-936-82 with
compressive strength minimum 8,000 psi. Base material to be designed and paver
installation in accordance to the guidelines of National Concrete Masonry Association
"Structural Design of Concrete Block Pavements," The aggregate length of chips on a
single unit shall not exceed 10% of the perimeter of the exposed face of paver. Pavers
with edge chips exceeding 5/16" and corner chips 'Y:1" are considered replaceable.
1. CEMENTIOUS MATERIALS: Portland Cement shall conform to ASTM
Specification C0150.
2. AGGREGATES: Aggregates shall conform to ASTM Specification C-33 for Normal
Weight Concrete Aggregate (no expanded shall or lightweight aggregates) except
that grading requirements shall not necessarily apply.
3. OTHER CONSTITUENTS: Color pigments, air-entraining agents integral water
repellents, finely ground silica, etc., shall be previously established as applicable,
or shall be previously established as suitable for use in concrete.
4. PHYSICAL REQUIREMENTS:
i. Compressive Strength- A the time of delivery of the work site, the average
compressive strength of the paver units shall not be less than 8,000 psi,
with no individual unit strength less than 7200 psi as per ASTM
Specification C936-82. Testing procedures shall be in accordance with
ASTM Specification C-140.
ii. Absorption- The average absorption shall not be greater than five percent
(5%) with no individual absorption greater than seven percent (7%) as
required by ASTM Specification C-936-82.
5. SIZE: 3 7/8"x 7 7/8" x 23/8", Klassic Interlocking Paver by Krehling or approved
equal
6. COLOR AND TEXTURE: Earthtones or Color Blends Series Krehling or approved
equal.
5
16B5
:4
:
7. APPROVED BRICK COLORS: Paver color to be approved by Landscape
OperationslTransportation Operations Department.
Border Brick: 1 course
Field Brick: Herringbone pattern, 45 degrees
8. VISUAL INSPECTION: All units shall be sound and free of defects that would
interfere with the proper placing of the unit or impair the strength of permanence of
the construction. Minor cracks incidental to the usual methods of handling in
shipment and delivery, shall not be deemed grounds for rejection.
9. BEDDING SAND: In compliance with ASTM Specification C33, the bedding sand
shall comprise clean, well-graded sand. The bedding sand shall be dry, sharp and
free of organics and deleterious soluble salts or other contaminants likely to cause
efflorescence. The sand shall be of uniform moisture content when screeded and
shall be protected against rain when stockpiled on site prior to screeding. The
moisture content shall be in the range of 4-8%.
10. JOINTING SAND: In compliance with ASTM Specification C144-gradulation for
1/8" joints-the jointing sand shall be free of organics and soluble salts or
contaminants likely to cause efflorescence.
11. GRANULAR BASE: The graded aggregate for the granular base shall comply with
ASTM Specification 2940 or equivalent for base material.
PART 3 - EXECUTION
3.01 INSTALLATION GENERAL:
Do not use brick with chips, voids, discolorations, or other defects, which might be visible or
cause staining in the finish work.
Cut brick with motor-driven saw equipment designed to cut masonry with clean, sharp
unchipped edges. Cut units as required to provide pattern shown and to fit adjoining work
neatly. Use full units without cutting wherever possible. Where cutting is required, use the
largest size brick units possible and avoid the use of small pieces of brick or large mortar or
gapped areas.
Set Brick patterns with uniform joint widths as indicated.
A. Immediately clean up sand on paved and finished surface areas.
B. Remove debris and excess materials from project site daily.
3.02 SITE PREPARATION:
The site must be stripped of all topsoil, unstable or unconsolidated materials to the grades specified.
Further construction will not proceed until the Owner or his representative has
inspected the subgrade.
3.03 VERIFICATION OF SUBGRADE:
The Contractor shall ensure that the prepared subgrade is protected from damage from
inundation by surface water and damage by other trades. No traffic shall be allowed to cross
6
16B5
the prepared subgrade. Repair of any damage resulting shall be the responsibility of the
Contractor and shall be repaired in a satisfactory manner.
Further construction will not proceed until the subgrade has been inspected by the Owner or
his Consultant.
3.04 VERIFICATION OF GRANULAR BASE:
· Place graded aggregate for base over compacted subgrade. Provide
compacted thickness of base as indicated. Compacted base shall be 100% of
maximum density achieved in accordance with ASTM Specification 0.698
(100% Standard Protector maximum Dry Density).
· Base shall be spread in layers which, when compacted, will not exceed 4".
· Profile of base to be within an allowable local tolerance of W' within 10 feet.
The upper surface of the base shall be sufficiently well graded and compacted
to prevent infiltration of the bedding sand into the base both during construction
and throughout its service life.
· Segregated areas of the granular base shall be "blinded" by the application of
crushed fines that have been watered and compacted into the surface.
· Further construction will not proceed until the base has been inspected and
approved by the Owner or his representative.
3.05 GRANULAR BASE THICKNESS:
For roadway applications with well-drained consolidated subgrade or poorly drained
unconsolidated subgrade the granular base thickness shall be six inches (6"). The base shall
extend the full width of the pavement and edge restraints plus 4" minimum wherever edge
restraints are to be constructed with the pavement.
3.06 EDGE RESTRAINTS:
Adequate edge restraint shall be provided; curb and gutter, edge strips or established paving
units, shall be installed vertically down to the granular base. All edge restraints specified shall
be supported on a compacted base.
Install edge restraints prior to installation of pavers.
3.07 SURFACE DRAINAGE:
Gradients and crossfalls shall have a minimum value of 2%(1/4" per foot) and shall be
channeled to appropriate drains away from any unrestrained edge.
3.08 SAND BEDDING COURSE:
Spreading: The bedding sand shall be spread loose in a uniform layer to give depth after
compaction of the paving units, of between nominally 1"-1 X". Under no circumstances shall
the bedding layer exceed 1 1/2" in thickness following compaction of the pavement.
Screeding: The spread sand shall be carefully maintained in a loose condition and protected
against precompaction by traffic or rain both prior to and following screeding. Sand shall be
lightly screeded in a loose condition to predetermined depth. Under no circumstances shall the
sand be screeded in advance of laying face to an extent to which paving will not be completed
on that day. Any screeded sand which is precompacted prior to laying of paving unit shall be
brought back to profile in a loose condition. Neither pedestrian nor vehicular traffic shall be
permitted on the screeded sand. The Contractor shall screed the bedding sand using either an
approved mechanical spreader or by the use of screed guides and boards.
7
1685
3.09 INSTALLATION OF PAVERS:
General: Pavers with excessive chips, cracks, voids, discolorations or other defects shall not
be installed (See 2.01A).
Joints: In order to maintain the desired pattern joint spacing must be consistent. For
maximum interlock, it is recommended that a joint spacing of approximately 1/8" be
maintained. This spacing must also be provided for the first row abutting the edge restraint.
Alignment: String lines or chalk lines on bedding sand should be used to hold all pattern lines
true.
Cutting: The gaps at the edge of the paving surface shall be filled with manufactured edge
pavers or with pavers cut to fit. Cutting shall be accomplished to leave a clean edge to the
traffic surface using a mechanical hydraulic or guillotine cutter or masonry saw.
The use of infill concrete or discontinuities in patterns will not be permitted except along the
outer pavement boundaries; adjacent to drains, manholes and edge restraints.
Sweeping Clean: Upon completion of cutting, the area must be swept clean of all debris to
facilitate inspection and to ensure pavers are not damaged during compaction.
Inspection of Installed Pavers: After sweeping and prior to compaction, the paved area
must be inspected to ensure satisfactory color blending. Pavers can be moved easily at this
time to achieve good color distribution.
3.10 INITIAL COMPACTION OF PAVERS:
After inspection of the paving units, they shall be compacted to achieve consolidation of the
sand bedding and brought to design levels and profiles by not less than three passes of a
suitable plate compactor. Compaction shall be accomplished by the use of a plate compactor
capable of a minimum of 5000-pound compaction force. Initial compaction should proceed as
closely as possible following installation of the paving units and prior to acceptance of any
traffic or application of sweeping sand.
3.11 PAVER INSPECTION:
Any units, which are structurally damaged during compaction, shall be immediately removed
and replaced.
3.12 JOINTING SAND:
· The jointing sand shall be spread over the pavement after initial compaction has been
completed. This jointing sand shall be spread as soon as is practical after initial
compaction and prior to the termination of work on that day.
· The jointing sand shall be broomed to fill the joints. Excess sand shall then be
removed from the pavement surface and the pavers shall be compacted again to settle
the jointing sand.
3.13 FINAL COMPACTION OF PAVERS:
After jointing sand has been installed and the pavement surface swept clean, final compaction
shall be accomplished by not less than two passes of the place compactor.
Final compaction should proceed as closely as possible following installation of jointing sand
and prior the acceptance of any traffic.
Inspection by the Owner or his representative shall determine whether a second application or
partial application of jointing sand is required.
8
16 B5 1
3.14 CLEAN UP:
Sweep clean all paved areas of excess sand and dirt. Pick up and remove from the site all
surplus materials, equipment and debris resulting from this section of the work.
3.15 TOLERANCE OF SURFACE PROFILE:
. All surface and pavement structures shall be true to the lines, levels, grades, thickness
and cross sections as shown on the drawings.
. All pavements shall be finished to lines and levels to ensure positive drainage at all
drainage outlets and channels. In no case shall the crossfall of any portion of the
pavement be less than 2 percent (1/4" per foot).
. The pavement surface shall not deviate by more than 1/2" in 10 feet from a straight
edge laid in any direction.
END OF SECTION - 04200
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CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Golden Gate Boulevard Phase III
Collier County Landscape Beautification Master Plan
BID NO. 07-4091
Full Name of Bidder \-tOt t-..) N ""\"" L~IV~~t.4~\"'d ~t..
Main Business Address ~~\'Sl QV\Q;\.s. NQ.~-\- L~I\.)~ ~~~s.fR.~as.,Au\f:i, ~'t'"!5
Place of Business \.~~ c,I.^-lV+t Bo,..,:~Sp,<,,'t\Jo\: A~v(,.J4
Telephone No. ~~~- ~qa- a~ \0 Fax No. ~3q- l}C\~- b~l ~
State Contractor's License # Njl+ C\l\htAC. ~u""~ L,u",\,- N~* lJ"i7l> 'J~J"BJ7
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications, including Addenda issued
thereto and acknowledges receipt below:
Addendum
Number
1
Date Issued
Contractor's
Initials
DFtrl-
D~uwr'I~ 64 ;ro04
. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of constructio'n, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the .manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your
bid pages.
TPA#1953633.11
GC-p-1
,/.-
TPA#1953633.11
BID SCHEDULE
Golden Gate Boulevard Phase III
Collier County Landscape Beautification Master Plan
Bid No. 07-4091
16 p....;..i.5
LJ .
GC-P-2
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~
MATERIAL MANUFACTURERS
16.85
The Bidder is required to state below, material manufacturers it proposes to utilize on
this project. No change will be allowed after submittal of Bid. If substitute material
proposed and listed below is not approved by Engineer, Bidder shall furriish the
manufacturer named in the specification. Acceptance of this Bid does not constitute
acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR
BID WILL BE DEEMED NON-RESPONSIVE.
MATERIAL
1. l-
:rve.e\~'+~N Ccr'^"fD~elV~
2.
?~m-r S~+\~N
3.
-,- t'l~ -es. M. S'~ttulb's
MANUFACTURER
5.
tv\ "" \ c.-k
S() jJ l~ J ,I R. fit ..."'A.
To.e 0 I '"' ",^,\-~, L R. l\1e' .s.oN
J-\~~e I AM<..+e..k.:.N; bee, OM~I
/VAf'les. elcc.:#M:,l:. P1ofott kI'~ Ic;s / {je~p,. J
A Mt ~ N utl.!.e,c.. t-$
fOae1-heJ R&s~",,(t,c'f.1
O"",J.~ t='~s .
4.
Datea D~c.~ l~, ~oo,
----Ha.^hV....C"-' L Dt,,;jt~.'1 -Z.-rt.
cJ~~
......." J
BY:
TPA#1953633.11
GC-P-3
LIST OF SUBCONTRACTORS
1.625
The undersigned states that the following is a. full and complete list of the proposed
Subcontractors it intends to us~ on this Project with respect to the categories of work
identified below, and that such list will not be added to nor altered without the prior
written consent of the Project Manager. The undersigned further acknowledges its
responsibility for ensuring that the Subcontractors listed herein are "qualified" (as
defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but
not limited to proper licenses, certifications, registrations and insurance coverage. The
Owner reserves the right to disqualify any Bidder who includes non-compliant or non-
qualified Subcontractors in its bid offer. Further, the Owner may direct the .Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is
found to be non-compliant with this requirement either before or after the issuance of
the Award of Contract by Owner. THIS LIST MUST-BE COMPLETED OR BID WILL BE
DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the
undersigned acknowledges and agrees that promptly after the AW;:lrd of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder
shall identify all Subcontractors it intends to use on the Project. The undersigned
further agrees that all Subcontractors subsequently identified for any portion of work on
this Project must be qualified as noted abov~.
3.
(r'\ rA;,}c~~ of- 1c..",,-f:frt.
Subcontractor and Address
or 1\.-" CM't.. P.o "rot \ \'M : +e. ~ :IM..
. \ 0 C\ '5 Q.__:~ 6.~ a"cJ. i...'~ ;lJ 61 ~:.. ~
If 111... '1""t,.- .
"N-lM~.ecloWV'~ Lti:il~+ra Gwto....~ "'1.ftJ'. oBit cIt8~~ ew,
P.o. G.~ 60S3' F.... ~811.S, FL. 11'0'
~c)l.$ ~iC."'.1..r ::Jwc..
oa"l S~+i""AJ ~.J. S\4l\le.\.t.f1,.."35'3;)'
l-\AN~"\" :I.ue'li.1h\bV ~<.-
. ~ i *1. I G"",,;h ~04t L,~,v(. ~o...,~ ~~lt-L..
s,,),r
A~k.~ ~~'-CAlt Se4".b.c ~.
6 c>"3 () L"".hAsh-t""a aJ.. m.lJu\t fL.. ~~'"
1.
Category of Work
p CI\.\J~"
2.
DMec.A--nww\. ~ ~
4.
~:~v\-I~
5.
Si~ W~~
Dated O't""'~ \1:. I :1.00"'
~^hwl^ LIWV~L~ -:/.Nt..
(JBidder
.~-
BY:
TP A#1953633.11
GC-P-4
1685
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
4.
6.
Proiect and Location
1.
Go I.J.... 6.Ac- a....lw... J. e~~Hr
IIJ"'1J..". AM"
2.
ti,r>l~4k / ~',vt. R:~ flo..J
I AJAfl..a" AM.'J,
3.
\ 0 ~ $-hrw;t IV..,.,~ Phwc-;~
1'1 L J<. B " ....lw......J Ft .M auu H.,
5.
j N ~..~ StoN J<.,..J AJAflln Ft.
DII\.N'~ go", te-vovel~ iV+ FL.
Dated (K~ .\1 ~OD6
,
BY:
TPA#1953633.11
GC-P-5
Reference
{1J 1."tVl CU'iJJ; a3'1-77Lf.3"''t
JV1 If. B.> b P ~.J.e.c. tM\J
r~llrftlL~K~ A3'-17'J.Z'!9Y
Mil {~db f'~
C,~+t of AJ4fJ~ ~19-JJ3-SD/)~
M It 7;.e ""<1 r::eJ.e-- ~wn
C;~ of Ff-. 11'1~ 83'. 'J6'.71S~
1nR.. -;I, d. S.vh M~ +z...
t111,*" a~ ~3'-17'1. ~lfqlf
Mfl. fSu6 P~N
OrlJI.-en &,4 ~~'-71'1- i'fqt
fr1 { f'iIWr) L w J ,-vt,
JJr,.~#.., 14. l..A-AlJse~f^a -::f.Nc.
~id~er [. ,,1
Q~
ANTICIPATED
START ,1M
DUE DATE JOB NAME - W1P It
20 TBD Suntrust Bank, Peeble Br 6-136~
ON HOLD Thomasson Center 6-134
20 09/01/06 Verona Walk Town Cente 6-133
20 10/01106 Villaae Walk Town Cente 6-134~
20 10101/06 Wilson Blvd. Center 6-1351
NEW PROJECTS
ANTICIPATED
START JOB
DUE DATE JOB NAME - WIP It
20 TBD Waterford 6-1361
20 TBD Florencia @ The Colony 6-137
UC TBD International Colleae 6-1391
10 TBD Ava Maria K-12 6-138E
UC TBD North Countv Water Trea 6-139€
UC TBD CVS Warranty Work 4-121
UC TBD Costco Wholesale - Ft. M 6-140
UC TBD Mitchell Residence 6-140!
UC TBD Inn @ the Sprinas 6-141C
UC TaD 6-1411
UC TBD
UC TBD
UC TBD
UC TBD
UC TBD
UC TBD
UC TBD
UC TBD
ANTICIPATED I
START JOB
DUE DATE JOB -ME ..MfIP It
~ t) U
"",!;,,) ,,",,,'
UC TaD 5th Ave Roval Plantina 6-140E
UC TaD 5th Ave North Entrance P 6-140€
TaD Aaua Line Shores Rilev P 6-137
UC TaD Clewiston 6-138
TaD Golden Gate Overpass 6-134~
TaD Port of the Islands 6-137€
UC TaD South West Water Treatn 6-1401
UC TaD US 41 Water Source 6-1391
ON HOLD Allen Hanaer Project 6-1340
20 03107/05 Azure @ Bonita Bay 5-1288
20 05/01105 Back Bay Marina 4-1257
TBD Brezeski Residence 6-136;
TaD Coastland Center Mall 6-137f
UC TBD Collections @ Vanderbilt 6-139E
20 TBD Estero Bayside Condo 6-135!
TaD Gulf Coast Town Center 6-135€
20 TaD Kraft Construction Heada 6-1371
20 TaD Lemuria Coach Homes 4-1278
20 TaD Maanolia Sauare 6-136!
25 09/01/05 Naples Promenade 5.1308
20th 06/26/06 Northbrooke Prof. Buildin 6-133!
TaD Olympia Pointe 6-135
ON HOLD Ramsev Residence -1370
Confidential
Confidential
-, )
TRENCH SAFETY ACT
.- ""
. . nr-
.', !j.J
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October '1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety
Measure
(Description)
Units of
Measure
(LF,SY)
1.
2.
b FobT
L.P.\.
3.
4.
5.
Unit
(Quantitv)
Unit
Cost
Extended
Cost
1I1ttDO.OO
Failure to complete the above may result in the Bid being declared non-responsive.
Dated--De~ \'3.. Scob
. j
TPA#1953633.11 GC-P-6
1Ltoo
l. ol)
TOTAL
$ ,4.00. Do
~~N tAIl A. L-N.lSt4f1'~ we..
CS~~-
BY:
-!
Upon notificalion that its Bid has been awarded, the Successful Bidder will executr,1th~ B 5
Agreement form attached to the Bidding Documents within ten (10) calendar days and
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid. security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree r~presents a fair and
re.asonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within one hundred and twenty
(120) consecutive calendar days, computed by excluding the commencement date and
including the last day of such period, and to be fully completed to the point of final
acceptance by the Owner within sixty (60) consecutive calendar days after Substantial
Completion, computed by excluding commencement date and including the last day of
such period.
Respectfullv Submitted:
State of f'l O-R.: .l,
County of Le<...
bQ\tlc.... F. ~ANN""~ , being first duly sworn on
oath deposes and says that the Bidder on the above Bid is organized as indicated and
that all statements herein made are made on behalf of such Bidder and that this
deponent is authorized to make them.
b~~~. "'UJ AI wI " , also deposes and says
that it has examined and carefully prepared its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid; that the statements contained herein are true and correct.
TPA#1953633.11
GC-P-7
16B5
(a) Corporation
The Bidder is a corporation organized and existing
f\OA~~~ ,which operates under
. t\:..",,^,,^("'" \.._N~SC."1"~ :tNC..
officers are as follows:
President \::)...,~ nwh.cw ~tV.4Iw I~
Secretary 1:)...L... ~#'k kJ... ~ ~ ~ ".
Treasurer DcM.... ~Itlk. JJIt /IJ~ ../"
Manager UAmotV He mM-t.-/
under the laws of the State of
the legal name of
, and the full names of its
The Pa.esiluVt 'Dwk F. H,,~..,..L. is authorized to sign construction bids
and contracts for the company by action of its Board of Directors taken
I,ftc.eM IMc. <if ~ I""~ , a certified copy of which is hereto attached (strike
out this last sentence if not applicable).
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
N 1Ft
.
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is N ill
and if operating under a trade name, said trade name is .-
DATED 'D~c..ewtl.M. \"3., :loolt ~~^HtJ~ J..."..J.SC"fI~.
legal entity
TPA#1953633.11 GC-P-8
,-,-".,.,,~'-'---"'~--""'"'' ......-..- .~.._-...,'<._~,.._...~".,
1685
BY: D"",k.. ~ )j."j\I^,~h
a~~
SI nature
?I2..eSi~t.t.J~
Title
STATE OF . FlOR..' ~'"
COUNTY OF L~~
The foregoing instrument was acknowledged before me this 134\. day of OfCc.wr~
2006, by D",k... r. \tQ~Nwt~ , as -'-ptta.,.i.l.,rt
of . ",AA)~ L...4."""'1""'t~c. ,a r\olli ~ corporation, on
behalf of the corporation. H she is Qersonally known to me or has produced
- - as identification
and did (did not) take an oath.
1lJ Gina O. Thomas
. . My CommilSion 00308719
~Of~ Expires April 22, 2008
NAME:
(S~~f~a~~
Mn~ 'D ~dS
(Legibly Printed)
My Commission Expires:
(AFFIX OFFICIAL SEAL)
Notary Public, State of ~
Commission No. :1'.:030"'8 "7 ,q
TPA#1953633.11
GC-P-9
I. I,.,'"
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Qualifier Certification Information
CDPR2307 - Qualifier Certification Information
Collier County Board of County Commissioners
CD-Plus for Windows
Printed on
CERT NBR:
12870
QUALIFIER NBR:
12870
DALE F. HANNULA
CLASS CODE: 4235
LANDSCAPING RESTRICTED CONTR.
STATE NBR:
COUNTY COMP CARD: 3432SC
STATE EXP
LIAB EXP
1/13/2007
WC EXP
1/1/2007
ORIG ISSD
1/20/1993
RENEWAL
DBA:
HANNULA LANDSCAPING, INC.
we EXEMPT: N
ADDRESS:
28131 QUAILS NEST LANE
EXEMPT EXP DATE:
CITY:
BONITA SPRINGS
FL
34135-6932
PHONE:
(239)992-2210
(239)498-6818
FAX:
16B5
10/3/200
1:09:51PM
EXPIRES
9/30/2007
OL EXEMPT: Y
rOTE: It is the qualifier's responsibility to keep all business, licensing and requirements
:urrent and to provide up to date copies for Collier County files. This includes all insurance
:ertificates and any change of address information.
of
ert
tat
35-6932
i.gned:
~ualifier Certification Information
:DPR2307 - Qualifier Certification Information
:ollier County Board of County Commissioners
:D-Plus for Windows
1685
Printed on
10/3/200
1:08:52PM
CERT NBR:
18618
QUALIFIER NBR:
12870
DALE F. HANNULA
CLASS CODE: 4220
IRRIGATION SPRINKLER CONTR.
STATE NBR:
COUNTY COMP CARD:
STATE EXP
LIAB EXP
1/13/2007
we EXP
1/1/2007
ORIG ISSD
7131/1998
RENEWAL
EXPIRES
9/30/2007
DBA:
HANNULA IRRIGATION, INC.
WC EXEMPT: N
OL EXEMPT: Y
ADDRESS:
28131 QUAILS NEST LANE
EXEMPT EXP DATE:
CITY:
BONIT.~ SPRINGS
FL
34135-
PHONE:
(239)992-2210
FAX:
NOTE: It is the qualifier's responsibility to keep all business, licensing and requirements
current and to provide up to date copies for Collier County files. This includes all insurance
certificates and any change of address information.
Co 11 ier
of
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35-
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BID BOND .
16o~
.I
,---,.'
KNOW ALL MEN BY THESE PRESENTS, that we Harmula Landscaping, Inc.
(herein after called the Principal) and
- First Sealord ~trPty, TnI' .
(herein called the Surety), a corporation chartered and existing under the taws of the
State of PA with Its principal offices in the city of Ft. Latrlerdale. FL
and authorized to do business in the State of Florida are held and
firmly bound unto the Collier County Bo~ of ('nm-qr ('rnm;"''i'j~
(hereinafter called the Owner), in the full and just sum of
Five Percent Of The Arootmt Bid In Ihllars dollars ($ 5% of Bid )
good and lawful money of the United States of America, to be paid upon demand of the
Owner, .to which payment well ant:! truly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for
furnishing all labor, materials, equipment and Incidentals necessary to furnish, lnstan,
and fully complete the.Work on the project known' as
Golden Gate Boulevard Phas. III
Collier County Landscape Beautification Master Plan
Bid No. 07..4091
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the owner and within ten days
after the date of ~ written Notice of Award in accordance w;th the tenns of such aid, -and
give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract Ooeuments with good and sufficient surety for the
faithful performance of the Agreement and for the prompt payment of labor, materials and
supplies fumished in the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or b"onds, and deliver to
Owner the required certificates of insurance~ if the PRINctPAL shall pay to the Oeu.GEE
the fixed sum of $ 634.00 a day ~ noted above as liquidated damages, and not as a
penalty, as provided In the Bidding Documents, then this obligation' shall be null and void,
othelWise to remain in fUll force and effect
TPA#195a83~.11
GC-P-10
.............
IN TESTIMONY Thereof, the Principal and Surety have caUsed these presents ~ 6 B 5
be duly signed and sealed this 13th day of December , 2006.
Hannula landscaping, mc.
-Q~~~'
Principal
BY
Countersigned
(Seal)
Surety
(Seal)
TPAIII1g!l3633.11
GC-P-11
FirstSealord Surety, Inc.
Power"_()f Attorney
Power No: MIA-0467-06-06547
KNOW ALL MEN BY THESE P ,-SU~W;W1C., a. corporation of the Commonwealth of Penn
"Company') has made, constitute' ",'",ese pr~ej:\ts does make, constitute and appoint
Dav .'Shic. avidR: Turciosan'd/or Steven Schumacher all of Tampa, Florida
its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a
similar nature as fol.lows:... .. ,.... .' .. . ..... .. ". ...... .,. .. '. .. ,.......'
- "H=r~~~;i~K&~~i~1e, - J~~~~~~ts~t~~~~f~~f=:~d-~~;~"[~~~~1~~~~4iO -'. '~~l) ~rltlili
g u~on-t 10 Cbrpofallon:as"foiWa othe'same extent as if signed by-rue duly"authoriiea 6f-the'-e anCl seaf&l
corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed.
This iiPpointm~nt is mClde pursuant~<Dfi~,foIL8Wr:q ~Y-l,~W$ 'Whiqh wer~guly adopted by the Board of Directors of the sai
with all Amendments thereto and ;3l'estiltitl f!Jnfbrce;~nj:teffel;f: .
.--,._- -
'-'.'--',',', - .
Policies, Bonds, RecogD~tiQns, Stip.u}a~ons, Consents ofS~rety, Underwriting Undertakings, and Instruments
Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and.releases,
'. agreements and otOl')r w.~itings relating ill anyway thereto or tqanyclaim or loss thereunder, shall. be . )n the [Jal:Qe anclpn If QUhe<,,,,;,,
''';'c...o..''f 6. rat..io.'."..'...:'....a.).":..b.'.." ...:,t.h.".'.".""'C....'hai"'........"',m...".:".,f.t. h..'.. .,~. B. 0... a.... d~. t.h.e 'p. r.eS.I..d." e. nf b.F.'.a..' VjCe.'. ..p.r. .esiden.'.t. ,'an......o. b...'. th.'. e. se..o. re......t..a. '\4..'.'.". $.' S'I.$.'t~.''n. .t......'l;:.."..e. ..t."r.",e.ili."....'.. ' .; 'Io;d:"""''''.''}'''''''' '",H,',""
,~~c' for~hg,G'{6fatiC;a arp1b.i'h~~8!~ri&'atthonzMbthe dia'rman cl'the B6ard,the~Pr~:ideAt"i:O' pr" idehi",fhn'a I~i~~'t
dUich!glhtrO"ffic~&;: repns~.~tati\ie~';a~th~'BO~'Mh1a~Noin ':hml~tb'tiiTl~ peterm'ine~ Th~ ~~~I8f.ih~ . . atrdh s'h~nif'ap~'~pri.B~~~i i . ........
any such officer, Att(xney-in-Fact or representative. The authority of such Attorney-in-Fact and Ag~ntsshall be as prescribedinth~ in9trulTI~rit ,"
,. e . . their appointme,Any SLJ~s:l).flppointt)l~nt and all. authority granted th,~.r,!"rY maybe revok anytime theflO?rg qf . . .' .
,"Ch.~Pppi~trr:rt.'" ....... ..' ./ ,..... '.. .... ::.:~!,!;/">:;:::;,j I"'~' .,
rst geClI()r9,SuretY,l~c. has caused the$epresen!~;:~e p,~qu!~
l.lary,200../L """"':.'I.:.,!".,.I',,:I'"
...3~?~..
/'
Gary L. Bragg, Secretary
ryCounty
".. . "...... '''''''','' My ust 5,?Q06 .
. .. CERTIFICATE,.':i'i'?"i:,.','I.;!;~;::,::!!I,;i;~::"..!!':;':;":\W~" ';;" :.1:' .. .. <,,' nOfNOta.~,S ,,'.c"..' .
FirstSealord Surety, Inc. do hereby certify thatt~e or!gin~IPo~~r,ofAttl:?t6ey 0, .,. h theforegolngis a N]I,lru.e<ll)d
,;,~PY) .. u o~H,;;;flnd effect on the dab~ {)f this Certific~te and I do fU~D~I((ertify.,~~~t~D~ 9ft,j~~r ~ho ~~~puted the9aJ<tf'ower ofbttoi,6liw?s
f the Officers authorized by the Board of Directors to appomt an AttorneY-ln"Fact as pr6\1ided in Section 12"1' of the By"Laws Of FjrstS~al6ta
Surety, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By"Lawsof First sealord
Surety, Inc.: .
. .
"Section 12-2. The use of a prtnted facsimile ofthe corporate seal of the. Corporation and of the signature of the Secretary or ;:l1J Assistant secietaryon
. .... any Certification of the correctness of a copy of an instrument executed by an authorizep person pursuant to Article XII ,Section 12~1 tlfthe Byc[.aws<L
appointing and authorizing an Attomey-in-Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other
instruments described in said Section 12-1, with like effect as if such seal and such signature had been manually affi;lled and made."
this 1.1...- day of ~ J/V'\~
,20~.
::. "'" . . ,.:_._ - "'_,'.. _, ':'.'_ ':.'\;;'.0':.:,",',:,',', ::.. ',:.' u:
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the Corporation to these presE)nts
This power of attomey is void unless the Bond number is inserted ir,lh;s pari'\graph (insert Bond # here Db -, ~ ~4 ), the bond
number is the same number as on the original bond, d the bOlld number has been inserted by an officer or employee of the Company or by the agent.
(seal) ~~
Ga L. Gragg, ~cretary
First_Sealord_Surety]OA.doc (Ed. 01/2012004)
THIS SHEET MUST BE.SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
1685
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is c9mpleted:
1. The Bid has been signed.
2. The Bid prices offered hav~ been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amouflt of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
8. Any addenda have been signed and included.
9. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
11. The mailing envelope must be sealed and marked with:
<::>Bid Number;
<::>Project Name;
<::>Qpening Date.
12. The Bid will be mailed or delivered in time to be received no later than the
specified openinQ date and time. (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIOS MUST HAVE THE BI.D NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
J...NAI\N{A, l4J.s'."..~ :!Nt.
:C!~A - _
plt.e~"J..~
Signature & Title
DATE: fJec....n~ l~j QoO'
TPA#1953633.11
GC-P-12
16 B~
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with Hannula Landscaping, Inc. ("Contractor") of 28131
Quails Nest Lane, Bonita Springs FL 34135, a Florida corporation, authorized to do
business in the State of Florida, to perform all work ("Work") in connection with Golden
Gate Boulevard Phase III Collier County Landscape Beautification Master Plan,
Bid No. 07-4091 ("Project"), as said Work is set forth in the Plans and Specifications
prepared by Windham Studio, Inc., the Engineer and/or Architect of Record ("Design
Professional") and other Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: four hundred seventy eight thousand
nine hundred thirty nine dollars and sixty four cents ($478,939.64).
GC-CA-1
16 B5'1
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms.treas.Qov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and liquidated Damaaes.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within one hundred and twenty (120)
calendar days from the Commencement Date (herein "Contract Time"). The date of
Substantial Completion of the Work (or designated portions thereof) is the date certified
by the Design Professional when construction is sufficiently complete, in accordance
with the Contract Documents, so Owner can occupy or utilize the Work (or designated
portions thereof) for the use for which it is intended. Contractor shall achieve Final
Completion within sixty (60) calendar days after the date of Substantial Completion.
Final Completion shall occur when the Agreement is completed in its entirety, is
accepted by the Owner as complete and is so stated by the Owner as completed. As
used herein and throughout the Contract Documents, the phrase "Project Manager"
refers to the Owner's duly authorized representative and shall mean the Division
Administrator or Department Director, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
GC-CA-2
16B5
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, six hundred and thirty
four dollars ($634.00) for each calendar day thereafter until Substantial Completion is
achieved. Further, in the event Substantial Completion is reached, but the Contractor
fails to reach Final Completion within the required time period, Owner shall also be
entitled to assess and Contractor shall be liable for all actual damages incurred by
Owner as a result of Contractor failing to timely achieve Final Completion. The Project
shall be deemed to be substantially completed on the date the Project Manager (or at
his/her direction, the Design Professional) issues a Certificate of Substantial Completion
pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any
right which it may have to seek to characterize the above noted liquidated damages as
a penalty, which the parties agree represents a fair and reasonable estimate of the
Owner's actual damages at the time of contracting if Contractor fails to Substantially or
Finally Complete the Work within the required time periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
G. Final Acceptance by Owner.
GC-CA-3
1685 1
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Exhibit 0:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by Windham Studio, Inc.
and identified as follows: Golden Gate Boulevard Phase III
Collier County Landscape Beautification Master Plan
as shown on Plan Sheets 1 through 18.
Contractor's List of Key Personnel
Stored Materials Record
GC-CA-4
16B5
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
Pamela Lulich, Landscape Operations Manager
Collier County Transportation Department of Alternative Transportation Modes
2885 Horseshoe Drive South
Naples, Florida 34104
(239) 774-8494
Fax: (239) 213-5899
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
Dale F. Hannula, President
Hannula Landscaping, Inc.
28131 Quails Nest Lane
Bonita Springs, FL 34135
(239) 992-2210
FAX: (239) 498-6818
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
GC-CA-5
1685
.1
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assians.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governina Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire Aareement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severabilitv.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Chanae Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
GC-CA-6
1685
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
****
GC-CA-7
1685
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
CONTRACTOR:
~:ES~
T WITN~SS
~ G C/LI3E~
Type/Pri Name
~
SECOND WITNES
SOnl~ bOVV\e-L
Type/Print Name
By:
(J~~
b~ t: """'AJlJ"k f-'.5i V- _
Type/Print Name and Title
Date:
~ II <-t 101--
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
BY: ~:i~
James olet ta, I airman
ATTEST:
~~~1c1 k
'At'tfs;~ U~;;tc ~ lMiM S
<~s 19Ai~ri .0..1:"
Approved As.ToForm
and Legal Sufficienc .
Print Namei
Assistant County Attor
Itern# [to0:)
GC-CA-8
Bond Nt.m1ber: 07-1241
1685
EXHIBIT A
PUBLIC PAYMENT BOND
Golden Gate Boulevard Phase III
Gollier County Landscape Beautification Master Plan
Bond No. 07-1241
Contract No. 07-4091
KNOW ALL MEN BY THESE PRESENTS: That Hannula landscaping, Inc.
, as
Principal,
, as
and First Sealord Surety, Inc.
Surety, located at 33 R,?Ck Hill Road, Bala Cynwyd, PA 14002
(Business Address) are held and firmly bound to Collier County Board of County Ccmnissioners
as Obli~ee in ttlt1 sum or Four Htmdred Seventy Eight Thousand Nine Ht.mdred Thirty Nine and64/100
($_ 478, 39.64 ______) for the payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
_._________________ 2006, wit.h Obligee for ~~~~~t~~l~i~sUi ~er County
in _ accordance with drawings and specifications, which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contl"Cicl.
THE CONDITICN OF THIS ROND is that if Principal:
P,'omptly r1ak8S payment to all claimants as defined in Section 255.05(1), Florida
St;;,tutes, S;.iOf)i/ing Principal v"ith labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in fuli force.
Any changes in or under the Contract and compliance or noncompliance with any
fOi'rnalities con;-IGcted with the Contract or the changes do not affect Sureties obligation
l.rirJer this E(;nl.~_
Tile provisi(lns )~ thiS bond ".8 subject to the tiJT1e limitations of Section 255.05(2). In
no event will the Surety be liable in the aggregate to claimants for more than the penal
SUI(1 of thi::; F8vment Bona, regardless of the number of suits that may be filed by
clClImants.
IN WITNESS WHEREOF, the above parties have executed this instrument this
cib} of ____ 2006, the nome of each party being affixed and these presents
duly' si!;jned iJ'y its under-signed representative, pursuant to authority of its governing
[,,: ~IY.
TPM1953633.1 :
GC-CA-A-1
16r-'rh
tJ:J
PRINCIPAL
Harmu1a Landscaping, Inc.
BY:
NAME:
ITS:
OJtv~~
"t::>ftl~ F. i{A.NJV..... 4
?\1.-e..\.,W
STATE OF
COUNTY OF
~
~
-
as acknowledged before m thday of JaD~
as . f- of
,
, a corporation, on behalf of the
corporation. e is ee sona known to me OR has produced as
identification ana did (did not) take an oath. ~\ ~.. 'AI
My Commission Expires: _ ~, I ~
(Sig ature of Notary)
6()'A D-:-rhC:fYlaS
(Legibly Printed)
1fJ Gina D. Thomas
. . My Commilllon 00308119
~Oft;.l Expires Aprll22. 2008
NAME:
(AFFIX OFFICIAL SEAL)
Notary Public, State of JJonM
Commission No.: ~~t lCf
S.URETY:
ATTEST:
Fdtrst Sea10rd Sure'tY, Inc.
(Printed Name)
33 Rock Hill Road
BaJa Cynwyd, PA 14002
(Business Address
(Authorized Signature)
Witnesses to Surety
(Printed Name)
TPA#1953633.11
GC-CA-A-2
~~"
;-% ~~--
Witnesses
STATE OF
COUNTY OF
Florida
Hillsborough
OR
~
kP ~. fJ
As Attorney in Fact
(Attach Power of Attorney)
David B. Sliick
16P5
u.
(Printed Name)
7217 Benjamin Road
Tampa, FL 33634
(Business Address)
(813) 243-1110
(Telephone Number)
acknowledged before me this 2200 day of
David B. Shick , as
of First Sealord Suretv. Inc.
He/She is personally known to me OR has produced
as identification and who did (did not)
~.SJ~
(Signatur
The foregoing instrument was
February , 200eP, by
Attorney-:- In-Fact
Surety, on behalf of Surety.
N/A
take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
TPA#1953633.11
Name: Holly J. nix
(Legibly Printed)
Notary Public, State of:
Commission No.:
GC-CA-A-3
; "~C:.I',.
. 1. fF~
i ~~;:~~,,:~l
NO~J~Y Pu~djc ~)';;.i.\:, r)r i~:;';l;:':;~'
Holly J811nifer Do;
My Co;,vnisslc>n DD51 9024
[XOift~'; O~2!':5:?~)'rO
1685
EXHIBIT A
PUBLIC PERFORMANCE BOND
Golden Gate Boulevard Phase III
Collier County Landscape Beautification Master Plan
Bond No. 07-1241
Contract No. 07-4091
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
as
Harmula Landscaping, Inc.
First Sealord sUrety, Inc.
Surety, located
at
33 Rock Hill Road, Bala Cvmrvd. PA 14002
(Business Address) are held and firmly bound to
Collier Cotmty Board of Cotmty Coomissioners , as Obligee in the sum of
Four Hundred Seventy Eight 'TIiousand Nine Htmdred Thirty Nine and 64/100
($ 478,939.64 ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
2006, with Obligee
GoI~en Gate BOOlevard Phase III Collier Cotmty landscape Beautification Master Plan
in accordance with drawings and specifications, which contract is incorporated by
reference and made a part hereof, and is referred to herein as the Contract.
day of
for
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract;
and
2. Pays Obligee any and all 10sses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not affect Sureties
obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to
be performed hereunder, or the specifications referred to therein shall in anywise affect
its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
TPA#1953633.11
GC-CA-A-4
1685
This instrument shall be construed in all respects as a common law bond. It is
expressly understood that the time provisions and statute of limitations under Section
255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this
day of , 2006, the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
'vered
PRINCIPAL
Hannula Landscaping, Inc.
By:(:)~k~~~A-
NAME:
ITS:
~~~ 1=:' H-"tJ ...,~l~
'P'llC.e s.i ~....Jt
~6~T~,-$~F~
~ foregoing instrument was acknowled ed before me this L:'1:ib day of
~ ' 20011, by , as
3r corp<ir<lti~~, on beh<lll . ,
personally known to me OR has produced
as identificati9n and did (
My Commission Expires:
~ Gina D. Th.omas
! . My CommissIon 00308719
~ Of ~I Expires April 22, 2008
(AFFIX OFFICIAL SEAL)
(Signa ure)
Name: bm 1). ~S
(Legibly Printed)
-'~
Notary Public, State of: ~f1
Commission No.: DD :0 il
TPA#1953633.11
GC-CA-A-5
A TrEST:
Witnesses as to Surety
STATE OF
COUNTY OF
Florida
Hil1sborouJl:h
1~B5
SURETY:
First Sea10rd ~W, Inc.
(Printed Name)
33 Rock Hill Road
Bela Cynwyd, PA 14002
(Business Address)
(Authorized Signature)
(Printed Name)
OR
.,.
~ ~. fJ
As Attorney in Fact
"(Attach Power of Attorney)
David B. Shick
(Printed Name)
7217 Benj amin Road
Tampa, Fl. 33634
(Business Address)
(813) 243-1110
(Telephone Number)
The foregoing instrument was acknowledged
February ., 200E1,7by David B. Shick
of First Sea10rd Surety, Inc.
behalf of Surety. He/She is
N/A
before me this 2200 day' of
,as Attorney-In-Fact.
Surety, on
. OR has produced
'd not) take an oath.
~
My Commission Expires:
(AFFIX OFFICIAL SEAL)
TP A#1953633. 11
,a
personally known
as identificatio an
Name: Holly J. Dix
(Legibly Printed)
Notary Public,State~L."."~~~~~~~.~.~.' ......
Commission No.:-;;C:", Nm:"IY r'UGilC ;:;lale 01 I' lor,"" \
'~ -<I?t,. ( f loa, JvRAller QIY .
II ;. ~i ; My com. mission DD519024
\ ""1' 0, !..o~ Explr3_s_02i~ 5/_2~~~_ . ~
GC-CA-A-6
FirstSealord Surety, Inc.
Power of Attorney
Power No: MIA-0467-~7t~ ,...,
0)
KNOW ALL MEN BY THESE P ~a.~u a corporation of the Commonwealth of Penn
"Company") has made, constitut PtJllese p ..... ts does make, constitute and appoint
Da id R: Turcios arid/or Steven Schumacher all of Tampa, Florida
its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a
similar nature as follows:
.. .... ...> ...."i.. ......... ....?u."'...;NotTo.El{Ceed FO\ff'MHllon.O()llars---........--..-_........_- . .. ....... ... ($4,OOO,Ooo.OO)......j*..m ..... ..... . ... ..........
.. ... u;1nsuraqc~por~es,~re:fbOnQ:s, tll'Ide~ngli..afltiiflstru~nts fQrsaid Ptlrp: .endylyex~cuted jJy theJaTor~icf~~orney-m;;Fact.sh~"be
binding ~cin.the>saltl Corporaticm8sfUlIy and tcrthesameextent asifsigned bytne authorized officers of the Corporation and sealedWitriits .
corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed.
This appointment is made pursuant to thefollowlnj;J8y-LaWS which were duly adopted by the Board of Directors of the saidCorporationenApril7,2Q03J'
with all. Amendments thereto and ate still in full force.(;\ndeffect: . .
'i;",I,,!,,:;"i'. ,';'::;';
,I,.." ',1'1
"Article Xli: Policies, Bohds, Recogniticms, Stfl3ulations,Consents of Surety, Underwriting Undertakings, and Instruments Ri:)lating Thereto.
Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings ofthe Corporation, and releases,
agreeme~t~ and. .ot~Elr writ!n~srel~tin~in any. way ther~to?r toanyclaim or loss the~eunder, shl3l1 besigneointhe,l')arne and on be~alfof the
CQrpqr:ati9n:I:a)'bYi~~e 'q~.l3irtnCln,.ofthe~barQ~,!l1ePres1dent pra Vice Rresident, and bYJh~ Se.1:retary OfFln ~~Si$tq~tS~9re~al:Yl()r"O) ..~y anl}ttb
.i~-'Fl:lpt fqrft~.~C<;lr~9rati()~ ap.l:!.6i:~tedi:;:!IlClialjthor.iz~d! llythf}. qh~irm!:'V'IQfthe Boar~,'the rre~ident,or a. Vice ~r~SiQ~nt:!~o,ljii3k~S4cli,~ignatu.~e;or ....
suCh other offiCers or representatlvesas the Board hiay from time to time determine. The seal of the Corporation shaH if appropria:te be affixe'd the
any such officer, Attorney-in-Fact or representative. The authority of such Attorney-in-Fact and Agents shall be as prescribed in the instrument
evi . ppointmellt. ..Any such appohltment and all authority granted t~~rebY mClr~e rev9kElcJ. at any timel';p~ the Board of Directors or by any
. ,. . h appojntmenf.",,!!~i'!i.'.:':')',,!"':::,!;:"!'i'!,';:i';;',Ii, . .. ... .'.. ...
st Seaiord Surety, Inc. has caused these presen~t() Pl;lidq!ysign~d all9 its corporat~"seal to be hereunto affixed and duly
uary, 2004. ", ,"ii. . ":i'.'
Attest:
~.c~
,./'
Gary L Bragg, Secretary
By:
First Sealord Surety, Inc.
Jo"l:::::: Pffi,id,,'
/,:;'i' ,
",-,
.,i{:::;,',"'.',' ":,.",,";",
1I':!("I:1,"'" 'I"'"
la
. of Janu~~, 2004, before me personally appeared Joel D. Cd'tiipitro'lin, \h~~'~reside~t of First Surety, Inc., with whom I am
personally acquainted, who, being by me duly swom, said that he resides in the Commonwealth of Pennsylvania, he is Vice President of First
Sealord Surety, Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said
. e s~~11 aff!lIfld tl> Slilid i~slvume~t is :;uch corR,9~atEl s?al; tha~ it wa~ s9 q~xed" by oroer, Rf [)!~~ftor~ qf!'i~' ()~... orat. i9..~;.'..."
his niilme tf1et~IQ 'als :V1C\ll' Pn~$'dl!!nt of said CorpC!;Jratlon by like auth~tlty, II, '\0 ..... ""1).;" .'!/.
I, ",,'I'ii\i~ ' "~'~~'" I " . . ,',. ."..ir,...:":'"
~ ' '~~'IV~~" "
~y~ ~ V - Notary Public LowerMerlonTwp..MllnlgclnIeIyCoun!y
.~! . . ... ."" '.. . . My Corr)rnIl!slOn E1cPII8 Aug. S. rlO10
'i....... CERTlFICATE:"i, ..i ' ........ '. .M","b'~'~'ftIl'Yfvanl',A88OCIallonCifNotarl8S
I} 'the uhd. '. First Sealord Surety, Inc. do hereby certify tha(ll'\e ()riginal:Po~~f ofAtt0r~eyOf:Whi6h the foregoing is a full, true and
!'ill,,!cQr~~9t'!,b()p ,,' in full f '" nd effect on the date of this Certificate and I do mkh~rpertl~tPlilt"lPe ()f(1eer who ~iecuted the said Power of Attorney was
oneOf,lthe Officers authO z d by the Board of Directors to appoint an AttomeY-ln-Fact as providediMSection 12-1 of the By-Laws of First Sea lord
Surety, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By-Laws of First Sealord
Surety, Inc.:
1,'1:'1
ii;I,::'iliiiiil:!'
\,',,'11,...
"Section 12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on
any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12-1 of the By-Laws
appointing and authorizing an Attorney-in-Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other
instruments described in said Section 12-1, with like effect as if such seal and such signature had been manually affixed and made."
, In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents
this _ day of
,20_.
This power of attorney is void unless the Bond number is inserted in this paragraph (insert Bond # here 07-1241 ), the bond
number is the same number as on the original bond, d the bond number has been inserted by an officer or employee of the Company or by the agent.
(seal)
First_Sealord_Surely]OA.doc (Ed. 01/20/2004)
Client#: 33375 HANLA1 1 t.. !".~
ACORDrn CERTIFICATE OF LIABILITY INSURANCE I --.I l
DATE (....."~~n , .....
03/07/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
4100 Goodlette Road N, #100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Naples, FL 34103 -3303
239261-3646 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A:. Cincinnati Insurance Company
Hannula Landscaping, Inc. & Hannula INSURER B: FCCllnsurance Company
28131 Quails Nest Lane INSURER c:
Bonita Springs, FL 34135 INSURER D:
INSURER E:
5
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POLICY NUMBER PDOA~1J~)68m\E Pg~fl{~~~N LIMITS
A ~NERAL LIABILITY CPP0891533 01/13/07 01/13/08 EACH OCCURRENCE $1 000.000
X COMMERCIAL GENERAL LIABILITY ~~t:4~~U9,,~<;.~~rP"" $100 000
I CLAIMS MADE [Xl OCCUR MED EX? (Anyone person) $5 000
- PERSONAL & ADV INJURY $1.000,000
- GENERAL AGGREGATE $2.000.000
GEN'L AGGREGATE LIMIT APnS PER: PRODUCTS - COMP/OP AGG $2 000 000
I ,nPRO-
POLICY JECT LOC
A ~TOMOBILE LIABILITY CPP0891533 01/13/07 01/13/08 COMBINED SINGLE LIMIT
X- ANY AUTO (Ea accident) $1,000,000
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
X- HIRED AUTOS BODILY INJURY
$
!...- NON-OWNED AUTOS (Per accidenl)
.. PROPERTY DAMAGE $
(Per accident)
RRAGE LIABILITY AUTO ONLY - EA ACCIDENT $
. ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A EXCESSIUMBRELLA LIABILITY CPP0891533 01113/07 01/13/08 EACH OCCURRENCE $3.000 000
:::J . OCCUR 0 CLAIMS MADE AGGREGATE $3,000 000
$
~ DEDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSATION AND 001WC07 A40029 01/01/07 01/01/08 X WC STATU- I IOJ~-
EMPLOYERS' LIABILITY $500,000
ANY PROPRIETORlPARTNERfEXECUTIVE E.L. EACH ACCIDENT
OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $500,000
If yes, describe under $500,000
SPECiAl PROVISIONS below E.L. DISEASE - POLICY LIMIT
OTHER
OESCRlPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADOED BY ENDORSEMENT I SPECIAL PROVISIONS
Umbrella Coverage is in excess over all coverage shown on this certificate.
Certificate Holder is Named as Additional Insured on a primary basis as
respects to: General Liability Only as needed by contract, per form GA 472
1001.30 Day Cancellation Notice. Umbrella is in excess of all policies
(See Attached Descriptions)
CERTIFICATE HOLDER
CANCELLATION
Board of County Commissioners
Collier County Florida
3301 East Tamiami Trail
Naples, FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ---311- DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
~~
ACORD 25 (2001/08) 1 of 3
#S305714/M302691
CAH
@ ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001/08)
2 of3
#S305714/M302691
Ot
LJ ....
I"'"
shown on this certificate.
Contract #07-4091 Golden Gate Boulevard Phase III Collier County Landscape
Beautification Master Plan.
AMS 25.3 (2001/08)
3 of3
#S305714/M302691
1685
EXHIBIT B
INSURANCE REQUIREMENTS
(1) The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed
minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and
amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole
responsibility .
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the Project by the Owner or as specified in this
Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in
Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice
of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place
the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of
all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner.
) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of
policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor
shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor
from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor
hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance
program carried by the Owner applicable to this Project.
(7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or
agreement by the Owner that the insurance requirements have been satisfied or that the insurance
policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors work, insurance of the types and to the limits specified in this
Section unless such insurance requirements for the Subcontractor are expressly waived in writing by
the Owner.
(9) Should at any time the Contractor not maintain the insurance coverage's required herein, the
'mer may terminate the Agreement or at its sole discretion shall be authorized to purchase such
GC-CA-B-1
1685 ,.,
coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse
-wner for such costs within thirty (30) days after demand, Owner has the right to offset these costs
Jm any amount due Contractor under this Agreement or any other agreement between Owner and
Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage's purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
(10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or
replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their
expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be
considered justification for the Owner to terminate the Agreement.
(11) All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.1 All insurance policies, other than the Business Automobile and Workers Compensation
policies, provided by Contractor to meet the requirements of this Agreement shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under
this Agreement and shall contain a severability of interests provisions.
11.2. Companies issuing the insurance policy or policies shall have no recourse against
Owner for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Contractor.
11.3. All insurance coverages of Contractor shall be primary to any insurance or self-
insurance program carried by Owner applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by Contractor shall not apply to any
insurance or self-insurance program carried by Owner applicable to this Project.
11.4. The Certificates of Insurance, which are to be provided on the form set forth in
Attachment I to this Exhibit B, must identify the specific Project name, as well as the site
location and address (if any).
11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
11.6. All insurance policies to be provided by Contractor pursuant to the terms hereof must
expressly state that the exclusive venue for any action concerning any matter under
those policies shall be in the appropriate state court situated in Collier County, Florida.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? ~ Yes _ No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
-""ntractor during the term of this Agreement for all employees engaged in the work under this
GC-CA-B-2
16B5
Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall
- "t be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability
2L $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the Owner and the policy shall be
so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work. (cheCk one)
D Applicable L2J Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work. (check one)
D Applicable L2J Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X Yes _ No
(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,
Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage. Limits of Liability shall not be less than the following:
x
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit
under LIMITS OF INSURANCE applies separately to each of your projects away from premises
owned by or rented to you."
(3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such
-'verage shall be primary to any similar coverage carried by the Owner.
GC-CA-B-3
16B5
(4) Coverage shall be included for explosion, collapse or underground property damage claims.
...1) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement. (check one)
o Applicable [glNot Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if
applicable to the completion of the work under this Agreement. (check one)
o Applicable [gl Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property required to be covered,
whichever is earlier. This insurance shall include interests of the Owner, the Contractor,
Subcontractors, Sub-subcontractors and Material Suppliers in th~ Work.
-....u:')) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover
.,;asonable compensation for Professional's services and expenses required as a result of such
insured loss. At the Owner's option, flood and windstorm insurance will also be purchased.
(3) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the ded uctibles. The responsibility of the Contractor for
any deductible associated with the all-risk policy described above shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents. The responsibility of the Contractor for any deductible associated with the flood or
windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit.
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors
and Sub-subcontractors in the Work.
GC-CA-B-4
1685
(6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
--'1y of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
asign Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall
provide waivers of subrogation by endorsement or otherwise.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made
payable to the Owner for the insured, as their interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? lL Yes _ No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:
~ Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability,
..QIld Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
t2) The policy shall contain wording to the effect that, in the event .of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
GC-CA-B-5
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
1685
· '1
JUNTY OF COLLIER)
v TATE OF FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated , 2006 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of ,2006, by
, as of , a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
TPA#1953633.11
GC-CA-C-1
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
16.B"~ ,...~
., 11<,.
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(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
= Less Retainage $
Less previous payment (s) $
% AMOUNT DUE THIS
% APPLICATION: $
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
JNTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
,ceived from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not inCluded within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
TPA#1953633.11
GC-CA-D-1
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EXHIBIT E
CHANGE ORDER
1685
TO:
Project Name:
Bid No.:
Change Order Description
FROM: Collier County Government
Construction Agreement Dated:
Change Order No.: Date:
Original Agreement Amount................................... ........................ $
Sum of previous Change Orders Amount .......................................$
This Change Order Amount ................................. .............. ............ $
Revised Agreement Amount..................................... ...................... $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by: Date:
Project Manager
Recommended by: Date:
Design Professional
Accepted by: Date:
Contractor
Approved by: Date:
Department Director
Approved by: Date:
Division Administrator
Approved by: Date:
Purchasing Department
Authorized by Date:
Director
(For use by Owner: Fund
Number: )
Cost Center:
Object Code:
Project
GC-CA-E-3
16B5
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
Design Professional's Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents orto the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
TPA#1953633.11
GC-CA-F-1
1685
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on
,2006
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2006
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2006
OWNER
By:
Type Name and Title
TPA#1953633.11
GC-CA-F-2
EXHIBIT G
FINAL PAYMENT CHECKLIST
1685
Bid No.:
Contractor:
Project No.:
Date:
,2006
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A If NO is checked for any of the above, attach
expla nation.
Acknowledgments:
By Contractor:
(Company Name)
(Signature)
(Typed Name & Title)
By Design
Professional:
(Firm Name)
(Signature)
(Typed Name & Title)
By Owner:
(Department Name)
(Signature)
(Name & Title)
TPA#1953633.11
GC-CA-G-1
1685
EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings,fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
TPA#1953633.11
GC-CA-H-1
1685
those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
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3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday
through Sunday. Lanes are only permitted to be closed during the hours of 9:00 a.m.
and 3:30 p.m. No work shall be performed outside the specified hours without the prior
approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
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4.3 Unless expressly approved by Owner in advance and in writing, said approval at'
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials 'and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each subsequent Application for Payment, Contractor also shall
complete and submit to Owner as part of its Application for Payment, the Stored
Materials Record attached hereto and made a part hereof as Exhibit O.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner. The Project Manager shall have the discretion to establish, in writing, a
schedule to periodically reduce the percentage of cumulative retainage held through out
the course of the Project schedule. Owner reserves the right to reduce the amount of
the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing
Policy.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
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4.7 Each Application for Payment shall be accompanied by a Release and Affidavit,
in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full
for all materials, labor, equipment and other bills that are then due and payable by
Owner with respect to the current Application for Payment. Further, to the extent
directed by Owner and in Owner's sole discretion, Contractor shall also submit a
Release and' Affidavit from each Subcontractor, sub-subcontractor, or supplier in the
form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor
or supplier has been paid in full through the previous month's Application for Payment.
The Owner shall not be required to make payment until and unless these affidavits are
furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, whichsh,all be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
TPA#1953633.11
GC-CA-H-5
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5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7 . SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
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substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for' use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
TPA#1953633.11
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8.
DAILY REPORTS, AS-BUlL 15 AND MEETINGS.
16B5
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
8.1.3
personnel;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
TPA#1953633.11
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faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
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9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Ex~ibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
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sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim.
Claims not settled by the aforesaid procedure, shall be resolved according to the
Dispute Resolution Procedure copies of which are available in the County Attorney's
Office or Purchasing Department. All Claims shall be priced in accordance with the
provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
TPA#1953633.11
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or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and sueh utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
TPA#1953633.11
GC-CA-H-12
for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
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bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
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of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
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notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
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they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
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the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
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23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Builder or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
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23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
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Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without specic;ll
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
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identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
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28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
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the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.netlpurch~sing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor
shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
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Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
TPA#1953633.11
GC-CA-H-25
1685
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously l.,Ipdate that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work,as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner will be an additional insured on
all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties
directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the
subcontract or purchase order. Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract, copies of the Contract
Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
TPA#1953633.11
GC-CA-H-26
1685
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
34. 1 .4
34.1.5
34.1.6
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
34.1.12
34.1.13
34. 1 . 14
TP A#1953633 .11
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Esti mates
GC-CA-H-27
34.1.15
34.1.16
34.1.17
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
1685
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format. Presentations may include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
TPA#1953633.11
GC-CA-H-28
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
16B5
TPA#1953633.11
GC-CA-I-1
1(;
EXHIBIT J
TECHNICAL SPECIFICATIONS
TPA#1953633.11
GC-CA-J-1
SECTION 1- TRAFFIC CONTROL PLAN J F.D.O.T. INDEXES
PART 1 GENERAL
1685
Contractor shall maintain within the work areas maintenance of traffic
(MOT) measures as per the Collier County requirements as listed in
Exhibit H-2, General Terms and Conditions, and per F.D.O.T. Index 600
series and associated Indexes of the F.D.O.T. "Roadway and Traffic
Design Standards", current edition.
1.01 RELATED DOCUMENTS
A. All applicable provisions of the Bidding and Contract Requirements, and
General Requirements shall govern the work under this section.
B. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest
edition.
F.D.O.T. Roadway and Traffic Design Standards, Index 600 Series, latest
edition.
U.S.D.T. Manual on Uniform Traffic Control Device, latest edition.
C. Project Reference:
D. Applicable sections of the Collier County Land Development Code,
Landscape and Irrigation Sections and the Collier County D.O.T. Roadway
and Traffic Design Standards.
E. Collier County MOT policy and/or requirements current edition.
1.02 WORK INCLUDED
A. The work covered by this specification shall incluae the furnishing of all
labor, materials, tools and equipment necessary to perform and complete
the (MOT) maintenance of traffic during construction and while performing
extended maintenance services..
B. The work covered by this specification also includes all permits, federal,
state and local taxes and all other costs; both foreseeable and
unforeseeable at the time of construction.
C. No deviation from these specifications, the accompanying drawings, or
agreement is authorized or shall be made without prior written
authorization signed by the Owner or his duly appointed representative.
D. Provide maintenance of traffic plans for automobile and pedestrian traffic
within the project and submit to the roadway agencies having jurisdiction
for approval prior to beginning work using the latest Collier County MOT
Policy, M.U.T.C.D. "Manual on Uniform Traffic Control Devices", F.D.O.T.
"Roadway and Traffic Design Standards" and the F.D.O.T. "Florida
Pedestrian Safety Plan" latest active editions.
1685
grades shown on the plans, unless otherwise required by the related
documents or roadway grading and profiles.
3.05 COMPACTION
. A. Compact each layer of fill in designated areas with approved equipment to
achieve a maximum density at optimum moisture, AASHTO T 180 - latest
edition.
1. Under buildings, roadways, curbs, walks and other paved areas:
Compaction shall be to a minimum of 95% of maximum density.
2. Under landscaped area: Compaction shall not exceed 90% of
maximum density, and not to be less than 85% of maximum density.
B. No backfill shall be placed against any masonry or other exposed building
surface until permission has been given by the Owner, and in no case until
the masonry has been in place seven days.
C. Compaction in limited areas shall be obtained by the use of mechanical
tampers or approved hand tampers. When hand tampers are used, the
materials shall be deposited in layers not more than four (4") inches thick.
The hand tampers used shall be suitable for this purpose and shall have a
face area of not more than 100 square inches. Special precautions shall
be taken to prevent any wedging action against masonry, or other
exposed building surfaces. Density testing to be per County and F.D.O.T.
standards.
3.06 CORRECTION OF GRADE
A. Bring to required grade level areas where settlement, erosion or other
grade changes outside those shown in the drawings occur. Adjust grades
as required to carry drainage away from buildings, and to prevent ponding
around the buildings pavements, and planting areas.
B. Remove all rocks, 1" in diameter or greater ,or objectionable material to
depth as specified prior to commencing landscaping.
C. Contractor shall be responsible for stabilizing grades by approved
methods prior to landscaping, and shall be responsible for correction of
grades as mentioned above, and cleanup of any wash outs or erosion.
END OF SECTION IV
SECTION V - PLANTING SOIL PREPARATION
1.03 GENERAL NOTES
A. Lane closure will not be permitted on holidays defined in the F.D.O.T.
"Standard Specifications for Road and Bridge Construction", current
edition.
B. The contractor shall maintain two lane operation after working hours. All
hazards will be removed as per Index No. 600 series before daily
operations are complete.
C. On-site work hours will be restricted to daylight hours.
D. This plan is a guide for the contractor coordination with the Naples F.D.O.
T. District. Maintenance Engineer is required.
E. Emergency and unforeseen conditions may require the District Engineer
to restrict or remove land closures. The contractor shall make the
requested adjustments, as directed by the District Engineer without delay.
F. The Landscape Architect/Design Professional is not responsible for
observation, means or methods of MOT setup or enforcement during
project construction.
End of Section I
2
SECTION II - DIRECTIONAL BORING (FOOT REV. 5-24-02)(FA 7-
24-02) (1-03)
1685
1
DESCRIPTION
1.1
SCOPE OF WORK: The work specified in this Section
documents the approved construction methods, procedures and
material for Directional Boring, also commonly called Horizontal
Directional Drilling (HDD).
1.2
GENERAL: HDD is a trenchless method for installing a product
that serves as a conduit for liquids, gasses, or as a duct for
pipe, cable, or wire line products. It is a multi-stage process
consisting of site preparation and restoration, equipment setup,
and drilling a pilot bore along a predetermined path and then
pulling the product back through the drilled space. When
necessary, enlargement of the pilot bore hole may be necessary
to accommodate a product larger than the pilot bore hole size.
This process is referred to as back reaming and is done at the
same time the product is being pulled back through the pilot
borehole.
1.3
Accomplish alignment of the bore by proper orientation of the
drill bit head as it is being pushed into the ground by a
hydraulic jack. Determine orientation and tracking of the drill
bit by an above ground radio detection device which picks up a
radio signal generated from a transmitter located within the drill
bit head. Then electronically translate the radio signal into
depth and alignment. In order to minimize friction and prevent
collapse of the borehole, introduce a soil-stabilizing agent
(drilling fluid) into the annular bore space from the trailing end
of the drill bit. The rotation of the bit in the soil wetted by the
drilling fluid creates a slurry. The slurry acts to stabilize the
surrounding soil and prevent collapse of the borehole as well as
provides lubrication.
1.4
Select or design drilling fluids for the site-specific soil and
ground water conditions. Confine free flowing (escaping) slurry
or drilling fluids at the ground surface during pull back or
drilling. Accomplish this by creating sump areas or vacuum
operations to prevent damage or hazardous conditions in
surrounding areas. Remove all residual slurry from the surface
and restore the site to preconstruction conditions.
MATERIALS
10\2,5
2.1 GENERAL: Materials are defined as pipe or conduit that
becomes the installed product. Incidental materials that mayor
may not be used to install the product depending on field
requirements are not paid for separately and will be included in
the cost of the installed product.
2.2 MATERIAL TYPE: The following material standards are to be
interpreted as the minimum in place standards. Use materials
that are appropriate for the stresses generated by the selected
equipment and field conditions. It is not intended to portray
that the use of materials with these minimum material standards
wi It reta in their req uired properties if the stress Ii mits are
exceeded for which they were designed during installation.
Ensure that the appropriate material is used to retain
compliance.
Material Standards for HDD Installation
Material Type Non-Pressure P ressu re
Polyethylene (PE) ASTM D 2447 ASTM 2513
ASTM D 2447
High Density ASTM D 2447 ASTM D 2447
Polyethylene (HDPE) ASTM D 3350 ASTM D 3350
ASTM F714 ASTM F714
ASTM 2513
P olyvi nyl-Ch I oride ASTM F 789 N/A
(PVC)
Steel ASTM A 139 Grade AWWA C200
8(1) API 28(2)
(1) No hydrostatic test required
(2) Dimensional tolerances only
3 CONSTRUCTION SITE REQUIREMENTS
3.1 LEGAL PROVISIONS: Comply with the following site condition
provisions:
a. Chapter 556, FS for Sunshine State One Call. Use methods
for marking utilities that minimize the impact on other
construction or maintenance activities, including mowing
operations, which may be conducted throughout the project
on a cyclic basis. Limit marking to painting unless
approved by the Engineer. When and where flagging of
existing utilities is req u ired, limit flagg i ng to an area for
which construction can be accomplished in no more than 14
consecutive days, unless approved by the Engineer.
3.2
3.3
b.
The Americans with Disabilities Act. When and where 16 85
product lines are temporarily allowed to be exposed through
the sidewalk areas for periods exceeding two consecutive
work days, ensure that an alternate route is provided that
meets ADA requirements.
SITE CONDITIONS:
a. Carry out excavation for entry, exit, recovery pits, slurry
sump pits, or any other excavation as specified in Section
120. Sum p pits a re required to co ntain drilling flu ids if
vacuum devices are not operated throughout the drilling
- operation, unless approved by the Engineer.
b. Within 48 hours of completing installation of the boring
product, clean the work site of all excess slurry or spoils.
Take responsibility for the removal and final disposition of
excess slurry or spoils. Ensure that the work site is
restored to pre-construction conditions or as identified on
the plans.
c. Provide MOT in accordance with the Florida Department of
Transportation Design Standards and the MUTCD when and
where the former is silent.
d. Exposure of product shall be limited to 3 feet (1m) and 14
consecutive days unless approved by the Engineer.
DAMAGE RESTORATION: Take responsibility for restoration
for any damage caused by heaving, settlement, separation of
pavement, escaping drilling fluid (frac-out), or the directional
drilling operations, at no cost to the Department.
3.3.1 REMEDIATION PLANS: When required by the Engineer,
provide detailed plans which show how damage to any
roadway facility will be remedied. These details will become
part of the As-Built Plans package. Remediation Plans must
follow the same guidelines for development and presentation
of the As-Built Plans. When remediation plans are required,
they must be approved by the Engineer before any work
proceeds.
4 QUALITY CONTROL
4.1 GENERAL: Take control of the operation at all times. Have a
representative who is thoroughly knowledgeable of the
equipment, boring and Departmental procedures, present at
the job site during the entire installation and available to
address immediate concerns and emergency operations.
....J. ....,..
Notify the Engineer 48 hours in advance of starting work. Do
not begin installation until the Engineer is present at the
jobsite and agrees that proper preparations have been made.
4.1.1 PRODUCT TESTING: Where there is any indication that the
installed product has sustained damage and may leak, stop all
work, notify the Engineer and investigate damage. The
Engineer may require a pressure test and reserves the right to
be present during the test. Perform pressure test within 24
hours unless otherwise approved by the Engineer. Furnish a
copy of the test results to the Engineer for review and
approval. The Engineer is allowed up to 72 hours to approve
or determine if the product installation is not in compliance
with the specifications. The Engineer may require non-
compliant installations to be filled with excavatable flowable
fi II.
4.1.2 TESTING METHODS: Testing may consist of one of the
following methods and must always meet or exceed the
Department's testing requirements:
a. Follow the product manufacturer's pressure testing
recommendations.
b. Ensure that product carrier pipes installed without a casing
meet the pressure requirements set by the owner. If the
owner does not require pressure testing, the Engineer may
require at least one test.
c. A water tight pipe and joint configuration where the product
is installed beneath any pavement (including sidewalk) and
front shoulders is required. The Engineer will determine
when and where water tight joint requirements will be
applied to the ultimate roadway section for future widening.
When a product is located elsewhere, the pipe and joint
configuration must meet or exceed soil tight joint
requirements. Cond uct tests for joint integ rity for one hour.
The test for soil tight joint allows up to 0.1 gallon (0.4 liter)
of water leakage at a sustained pressure of 2 PSI
(13.79kPa). The watertight joint criteria allow no leakage at
all for a sustained pressure of 5 PSI (34.47kPa).
4.1.3 FAILED BORE PATH: If conditions warrant removal of any
materials installed in a failed bore path, as determined by the
Engineer, it will be at no cost to the Department. Promptly fill
all voids by injecting all taken out of service products that
have any annular space with excavatable flowable fill.
1685
the connection from corrosion. Clamp connections must be
made of brass or copper and of the butt end type with wires
secured by compression. Soldered connections must be made
by tight spiral winding of each wire around the other with a
finished length minimum of 3 inches (76 mm) overlap.
Tracking conductors must extend 2 feet (610 mm) beyond the
bore termini. Test conductors for continuity. Each conductor
that passes must be identified as such by removing the last 6
inches (152 mm) of the she.ath. No deductions are allowed for
failed tracking conductors. Failed conductor ends must be
wound into a small coil and left attached for future use.
4.3 PRODUCT BORE HOLE DIAMETER: Minimize potential
damage from soil displacement/settlement by limiting the ratio
of the bore hole to the product size. The size of the back
reamer bit or pilot bit, if no back reaming is required, will be
limited relative to the product diameter to be installed as
follows:
Maximum Pilot or Back-Reamer Bit Diameter When Rotated 360
de rees
Nominal I nside Pipe Diameter Bit Diameter Inches [mm]
Inches [mm
2 [50
3 75
4 [100]
6 150]
8 [200]
10 [250
12 [300] and greater
4.4 DRILLING FLUIDS: Use a mixture of bentonite clay or the other
approved stabilizing agent mixed with potable water with a
minimum ph of 6.0 to create the drilling fluid for lubrication
and soil stabilization. Vary the fluid viscosity to best fit the
soil conditions encountered. Do not use any other chemicals
or polymer surfactants in the drilling fluid without written
consent from the Engineer. Certify to the Engineer in writing
that any chemicals to be added are environmentally safe and
not harmful or corrosive to the facility. Identify the source of
water for mixing the drilling fluid. Approvals and permits are
required for obtaining water from such sources as streams,
rivers, ponds or fire hydrants. Any water source used other
than a potable water may require a pH test.
16B5
4.2 PRODUCT LOCATING AND TRACKING: The method of
locating and tracking the drill head during the pilot bore will be
shown in the plans. The Department recognizes walkover,
wire line, and wire line with surface grid verification, or any
other system as approved by the Engineer,as the accepted
methods of tracking directional bores. Use a locating and
tracking system capable of ensuring that the proposed
installation is installed as intended. IF an area of radio signal
interference is expected to exceed 5 feet (1.5 m), the Engineer
may specify the use of a suitable tracking system. The locating
and tracking system must provide information on:
a. Clock and pitch information
b. Depth
c. Transmitter temperature
d. Battery status
e. Position (x, y)
f. Azimuth, where direct overhead readings (walkover) are not
possible (i.e. subaqueous or limited access transportation
facility)
g. Ensure proper calibration of all equipment before
commencing directional drilling operation.
h. Take and record alignment readings or plot points such that
elevations on top of and offset dimensions from the center
of the prod uct to a permanent fixed featu re a re provided.
Such permanent fixed features must have prior approval of
the Engineer. Provide elevations and dimensions at al bore
alignment corrections (vertical and horizontal) with a
minimum distance between points of 100 feet (30m).
Provide a sufficient number of elevations and offset
distances to accu rately plot the vertica I a nd horizontal
alignment of the installed product. A minimum of three
elevation and plot points are required.
Install all facilities such that their locations can be readily
determined by electronic designation after installation. For
non-conductive installations, attach a minimum of two
separate and continuous conductive tracking (tone wire)
materials, either externally, internally or integral with the
product. Use either a continuous green-sheathed solid
conductor copper wire line (minimum #12 AWG for external
placement or minimum #14 AWG for internal placement in
conduit/casing) or a coated conductive tape. Conductors must
be located on opposite sides when installed externally.
Connect any break in the conductor line before construction
with an electrical clamp, or solder, and coat the connection
with a rubber or plastic insulator to maintain the integrity of
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4.5 EQUIPMENT REQUIREMENTS: Ensure that appropriate
equipment is provided to facilitate the installation as follows:
Midi-HDD
>10,000 >70,000
[13,558 311.375]
1,900 to 20,001 to
9,999 [2,576 9,999 [88.969
to 13,557] to 311.374]
Mini-HDD Up to 6 [150] Up to 600 Up to 1,899 Up to 20,000
[180] Up to 2,575 U to 88.964
For the above, multiple pipe or conduit installation must not
exceed the total outside pi e diameters stated above.
Pipe
Diameter
Inches mm
18 [450] and
reater
Up to 16
[400]
HDD E uipment
Bore Length Torque Ft- Trust/Pullback
Feet [m] Lbs [nm] Lbs [kN]
System
Description
Maxi-HDD
>1,000 [305]
Up to 1,000
[305]
Match equipment to the size of pipe being installed. Obtain
the Engineer's approval for installations differing from the
above chart. Ensure that the drill road can meet the bend
radius re.quired for the proposed installation.
4.6 THRUST/PULLBACK REQUIREMENTS: Unless approved by
the Engineer, limit use of HDD equipment to installing the
following product sizes and lengths based on the following
prod uct size, force and length relationships.
HOD Bore Eauipment Thrust/Pullback Capacity
Lbs 5,000 to 7,001 to 12,001 16,001 25,001 >40,000
7,000 12,000 to to to
-16,000 25,000 40,000
kN 22.241 31.139 53.380 71.173 111.207 >177.929
to to to to to
31.138 53.379 71.172 111.206 177.929
Product
Size (1) Maximum Pullback Distance In Feet [m]
Inches
[mml
4 [100] 400
or < [ 122]
or <
6 [150] 600
or < [183]
or <
8 [200] 800
or < [244 ]
or <
ds \.~ ~._
10 [250] 1,000
or < [305]
or <
12 [300] 2,000
or < [610]
or <
> 12 Engineer's
[300] Discretion
(1) for the above, where a single pull of multiple conduits is to be
attempted, the applicable product size must be determined by the
diameter of a circle that will circumscribe the individual conduits as a
group.
5 DRILLING OPERATIONS:
5.1 INSTALLATION PROCESS: Ensure adequate removal of soil
cuttings and stability of the bore hole by monitoring the drilling
fluids such as the pumping rate, pressures, viscosity and
density during the pilot bore, back reaming and pipe
installation. Relief holes can be used as necess.ary to relieve
excess pressure down hole. Obtain the Engineer's approval of
the location and all conditions necessary to construct relief
holes to ensure the proper disposition of drilling fluids is
maintained and unnecessary inconvenience is minimized to
other facility users.
To minimize heaving during pull back, the pull back rate is
determined in order to maximize the removal of soil cuttings
without building excess down hole pressure. Contain excess
drilling fluids at entry and exit points until they are recycled or
removed form the site of vacuumed during drilling operations.
Ensure that entry and exit pits are of sufficient size to contain
the expected return of drilling fluids and soil cuttings.
Ensure that all drilling fluids are disposed of or recycled in a
manner acceptable to the appropriate local, state, or federal
regulatory agencies. When drilling in suspected contaminated
ground, test the drilling fluid for contamination and
appropriately dispose of it. Remove any excess material upon
completion of the bore. IF in the drilling process it becomes
evident that the soil is contaminated, contact the Engineer
immediately. Do not continue drilling without the Engineer's
approval.
1685
The timing of all boring processes is critical. Install a product
into a bore hole within the same day that the pre-bore is
completed to ensure necessary support exists.
5.2 BORING FAILURE: If an obstruction is encountered during
boring which prevents completion of the installation in
accordance with the design location and specifications, the
pipe may be taken out of service and left in place at the
discretion of the Engineer. Immediately fill the product left in
place with excavatable flowable fill. Submit a new installation
procedure and revised plans to the Engineer for approval
before resuming work at another location. If, during
construction, damage is observed to the FDOT/County facility,
cease of all work until resolution to minimize further damage
and a plan of action for restoration is obtained and approved
by the Engineer.
6 DOCUMENTATION REQUIREMENTS:
6.1 BORING PATH REPORT: Furnish a bore Path Report to the
Engineer within seven days of the completion of each bore
path. Include the following in the report:
a. Location of project and financial project number including
the Permit Number when assigned.
b. Name of person collecting data, including title, position and
company name.
c. Investigation site location (Contact plans station number or
references to a permanent structure within the project right-
of-way)
d. Identification of the detection method used.
e. Elevations and offset dimensions as required in Section
4.3.
6.2 AS-BUILT PLANS: Provide the Engineer a complete set of As-
Built Plans showing all bores (successful and failed) within 30
calendar days of completing the work. Ensure that the plans
are dimensionally correct copies of the Contract plans and
include roadway plans and profile, cross-section, boring
location and subsurface conditions as directed by the
Engineer. The plans must show appropriate elevations and be
referenced to a Department Bench Mark when associated with
a Department project, otherwise use USGS grid system and
datum, or a specific location on top of an existing Department
headwall. Plans must be in the same scale in black ink on
white paper, of the same size and weight as the contract
plans. Submittal of electronic plans date in lieu of hard copy
1685
plans is preferred any may be approved by the Engineer if
compatible with the Department software. Specific plans
content requirements include but may not be limited to the
following:
a. The Contract plan view shows the centerline location of
each facility installed, or installed and placed out of
service, to and accuracy of 1 inch (25 mm) at the ends and
other points physically observed in accordance with the
bore path report.
b. As directed by the Engineer, provide either a profile plan
for each bore path, or a cross-section of the roadway at a
- station specified by the Engineer, or a roadway centerline
profile. Show the ground or pavement surface and crown
elevation of each facility installed, or insta lied and placed
out of service, to an accuracy within 1 inch 925 mm) at the
ends and other exposed locations. On profile plans for
bore paths crossing the roadway show stationing of the
crossing on the Contract plans. On the profile plans for the
bore paths paralleling the roadway, show the Contract plans
stationing. If the profile plan for the bore path is not made
on a copy of one of the Contract profile or cross-section
sheets, use a 10 to 1 vertical exaggeration.
c. If, during boring, an obstruction is encountered which
prevents completion of the installation in accordance with
the design location and specification, and the product is left
in place and taken out of service, show the failed bore path
along with the final bore path on the plans. Note the failed
bore path as "Failed Bore Path - Taken Out of Service".
Also show the name of the Utility owner, location and length
of the drill head and any drill stems not removed from the
bore path.
d. Show the top elevation, diameter and material type of all
util ities encountered and physically observed during the
subsoil investigation. For all other obstructions
encountered during a subsoil investigation or the
installation, show the type of material, horizontal and
vertical location, top and lowest elevation observed, and
note if the obstruction continues below the lowest point
observed.
e. Include bore notes on each plan stating the final bore path
diameter, product diameter, drilling fluid composition,
composition of any other materials used to fill the annular
void between the bore path and the product, or facility
placed out of service. Note if the product is a casing as
well as the size and type of carrier pipe placed within the
casing as part of the Contract work.
1685
7 METHOD OF MEASUREMENT: The method of measurement
will be based on the length of product measured in place along
the surface of the ground, complete and accepted. No
additions or deductions will be made for sweeps in either the
vertical or horizontal direction to complete the installation.
8 BASIS OF PAYMENT: Payment will be full compensation for
all work specified in this Section, including all installations,
from plan point of beginning to plan point of ending (i.e. pull
box) at plan depth, product, tracking conductor, removal of
excavated materials and spoils, removal and disposal of
drilling fluids, backfilling, and complete restoration of the site.
Bundled product in a single bore will be paid for as a single
bore based on the required drill bit head or reamer head size.
Separate payment shall not be made for individual products in
a bundle.
The installation and attachment of tracking conductors (wire or
tape) will be included in the cost of the bore and will not be
paid for separately.
No payment will be made for failed bore paths, injection of
flowable fill, products taken out of service or incomplete
installations.
No payment will be made for directional boring until a Bore
Path Report has been delivered to the Engineer. After the
Engineer's acceptance of the Bore Path Report, payment will
be made in the amount of 70% of the unit price bid, for
Directional Boring. The remaining 30% of the unit price bid
will be made after submittal of As-Built Plans, in accordance
with Section 6.2.
Payment will be made under:
Item NO.1 Directional Bore - per foot of bore
diameter
Item No. Directional Bore - per meter of bore
diameter
OVERSIZE DIRECTIONAL BORING REVIEW PROCEDURE
The following rule applies in accordance with provisions contained
in the
Utility Accommodation Manual.
'1
All bores larger than 6 inches total (for example 2-4 inch, 7 inch, 3-3
inch) must be approved by the STATE UTILITY ENGINEER, unless
the District Maintenance or Construction Office can establish
compliance based on the following conditions:
1. The Utility bore depth will equal or exceed 10 times
the bore size when the utility will be installed under
FDOT pavement, OR
2. When installations are outside of the pavement area,
the offset parallel to the pavement must be at least
3.5 times the bore size, OR
3. The soils blow count is at least 30 blows per foot
based on standard penetration tests in the area of
installation.
4. New bore installations must maintain at least 3.5
times the bore size clearance from vitrified clay
pipe sanitary and any gas lines.
5. Permit must demonstrate the location (vertically and
horizontally) and type of all utilities within at least
3.5 times the bore size in the immediate vicinity of
the proposed work by the Permittee.
If the Permittee can comply with the above, there is no need for the
State Utility Engineer to review the Permit. If compliance cannot be
achieved, before a review can be conducted, information regarding
the soils in the area of the installation must be acquired. This must
include blow counts at least through a depth of 10 times the bore or
2 feet into a strata providing a blow count of 30 or more. If a blow
count of 30 is reached at a depth of 4 feet then the soils data need
only proceed to a depth of 6 feet. As an option to acquiring Geotech
Services, the Permittee may use FDOT soils data from old FDOT
plans when available. It is the Permittee's responsibility to acquire
this information, and not the FDOT to do the research.
When the permits engineer gets the required data, he or she should
call to explain the situation. Do not send any permits to the State
Utility Engineer to sign off on.
1605
SECTION III - UNDERGROUND ELECTRIC SERVICE FEED
PART 1
GENERAL
Contractor shall install electric underground service feed assembly to
meet the requirements of all local and national electric codes, as well as to
the requirements of Florida Power & Light Co. installation requirements.
Installation shall meet the above mentioned requirements and at a
minimum be in accordance to the F.D.O.T. standard Detail B,
Underground Feed, service Point Details, Index 17504 as shown below.
1.01 RELATED DOCUMENTS
A. All applicable provisions of the Bidding and Contract Requirements, and
General Requirements shall govern the work under this section.
B. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest
edition.
F.D.O.T. Roadway and Traffic Design Standards, January 2000, Index
17505
C. Project Reference.
D. Applicable sections of the Collier County Land Development Code,
Landscape and Irrigation Sections and the Collier County D.O.T.
Roadway and Traffic Design Standards.
1.02 WORK INCLUDED
A. The work covered by this specification shall include the furnishing of all
labor, materials, tools and equipment necessary to perform and
complete the installation of an underground electric feed assembly.
B. The work covered by this specification also includes all permits, federal,
state and local taxes and all other costs; both foreseeable and
unforeseeable at the time of construction. Collier County right-of-way
Permit shall be provided by the Owner.
C. No deviation from these specifications, the accompanying drawings, or
agreement is authorized or shall be made without prior written
authorization signed by the Owner or his duly appointed
representative.
D. Provide maintenance of traffic plans for automobile and pedestrian
traffic within the project and submit to the roadway agencies having
jurisdiction for approval prior to beginning work using the latest
M.U.T.C.D. "Manual on Uniform Traffic Control Devices", F.D.O.T.
"Roadway and Traffic Design Standards" and the F.D.O.T. "Florida
Pedestrian Safety Plan" latest active editions.
1.03 QUALITY ASSURANCE
A. Installer Qualifications: A firm specializing in electrical work, with not
less than five (5) years of experience in installing systems similar to
those required for this project.
B. Coordination: Coordinate and cooperate with other. contractors to
enable the work to proceed as rapidly and efficiently as possible.
C. Codes and Inspections: The entire installation shall comply fully with
all local and state laws and ordinances, and with all established codes
applicable thereto. The Contractor shall take out all required permits,
arrange for all necessary inspections, and shall pay all fees and
expenses in connection with same, as part of the work under this
contract. Upon completion of the work, he shall furnish to the "Owner"
all inspection certificates customarily issued in connection with the
class of work involved.
1.04 GENERAL SERVICE SPECIFICATIONS
A. The enclosure shall be NEMA 3R, pole mounted, rain-tight.
B. The enclosure door shall be lockable by padlock and four keys
provided at the maintaining agency. The door shall have a minimum of
three hinges and be latchable. No screws to be used to attach door.
C. 480 V minimum rating bolt-in type breakers shall be used.
D. Busbar to be copper coated and have a minimum rating of 100 amps.
When main breaker exceeds 100 amps busbar to match breaker
amperage.
E. Locate co ntactor , transformer, and H.O.A. switch inside of enclosure,
The enclosure to be sized to accommodate as many breakers as
called for and all other service equipment.
F. The enclosure to be rigidly attached to prefabricated concrete pole
face.
G. A 600 V lighting protector shall be wired inside the enclosure.
H. A main breaker is required in all service panels with 2 or more feeder
breakers.
1681:;
"J
I. All service equipment shall be U.L. approved.
SECTION IV - GRADING
'9 II i":''''.'
- r
PART 1
GENERAL
1.01 RELATED DOCUMENTS
A. All applicable provisions of the Bidding and Contract Requirements, and
General Requirements shall govern the work under this section.
B. Collier County Landscape Beautification Master Plan, R.O.W. Ordinance
C. F.D.O.T. Florida Highway Landscape Guide, latest edition.
D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest
edition.
E. Project Reference:
F. Applicable sections of the Collier County Land Development Code,
Landscape and Irrigation Sections and the Collier County D.O.T.
Roadway and Traffic Design Standards.
G. South Florida Water Management Xeriscape Plant Guide II and State of
Florida Division of Plant Industry Grades and Standards for Nursery
Plants, latest volumes.
1.02 WORK INCLUDED
A. Provide all labor, materials, necessary equipment and services to
complete the Grading work, as indicated on the drawings, as specified
herein or both, except as for items specifically indicated as "N.I.C." not in
contract items ".
B. Provide maintenance of traffic plans for automobile and pedestrian traffic
within the project and submit to the roadway agencies having jurisdiction
for approval prior to beginning work using the latest M.U.T.C.D. "Manual
on Uniform Traffic Control Devices", F.D.O.T. "Roadway and Traffic
Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan"
latest active editions.
1.03 RELATED WORK
A. Section I
B. Section V
C. Section V
D. Section VII
E. Section VIII
Traffic Control Plan / F.D.O.T. Indexes
Planting Soil Preparation
Irrigation
Plant Material and Installation
Sodding
1.04 SITE INSPECTION
A. The Contractor shall visit the site and acquaint himself with all existing
conditions and constraints. The Contractor shall be responsible for his
own subsurface investigations, as necessary, to satisfy requiremel ~fB 5
this Section. All subsurface investigations shall be performed only under
time schedules and arrangements approved in advance by the Owner or
Owner's Representative.
1.05 EXISTING GRADES
A. The existing grades if shown on the drawings are approximate only, and
the contractor is responsible for grading to meet proposed and/or existing
grades as required.
B. The existing grade for all median work shall be based upon the top of
existing curbing.
C. Grading and drainage modifications shall be accomplished as per the
plans and notes. The contours and/or grades established under contract
will be the finished grades shown. The contractor under this contract shall
perform the Work for construction using the existing finished grades
previously established and modified in designated areas making whatever
corrections and/or repairs to grades to make them consistent with
the requirements of the drawings and specifications.
D. Established finished grades shall be approved by the Owner's
Representative/Landscape Architect for all project landscape areas prior
to initiating landscape planting.
1.06 UTILITIES
A. In accordance to State of Florida law before starting site operations, call
for utility locations from the appropriate agency and verify that the earlier
Contractors have disconnected all temporary utilities which might interfere
with the grading work.
B. Locate all existing active utility lines traversing the site, and determine the
requirements for their protection. Preserve in operating condition all active
utilities adjacent to, or transversing the site that are designated to remain,
or are installed by this project.
C. Observe rules and regulations governing respective utilities in working
under requirements of this section. Adequately protect utilities from
damage, remove or relocate as indicated, specified or required. Remove,
plug or cap inactive or abandoned utilities encountered in excavation.
Record location of active utilities.
L}
D. Utilities shall include those areas of jurisdiction of the South Florida Water
Management and South West Florida Water Management Districts.
Location of these areas within the Projects Limits, and the coordination of
work within these areas, is the responsibility of the contractor under this
contract.
1.07 QUALITY ASSURANCE
A. Requirements of all applicable building codes and other public agencies
having jurisdiction upon the work.
B. Primary emphasis should be given to the aesthetic appearance and
functioning of the road right of way and median landscape grading, as
directed by the Landscape Architect, or Owner's Representative. The
Contractor shall employ skilled personnel and any necessary equipment to
insure that finish grading is smooth, aesthetically pleasing, drains well with
positive overland drainage, and is ideal for receiving sod and plant
materials. The contractor will coordinate the aesthetic fine grading of the
landscape areas with the roadway
projects grades and profiles.
PART 2 MATERIALS
2.01 EXISTING SOIL
A. The Contractor shall, after rotor tilling and grading generally the top four to
6 inches (4-6") of existing soil per the plans and details, insure that all
remaining existing soil has sufficient percolation and drainage to support
plant material, and that extreme compaction does not exist. Remove all
existing road rock from these areas
B. In all areas to receive paving the existing soils shall be removed to a
sufficient depth to allow for installation of pavers and base materials.
C. In all areas or locations to receive shrubs, groundcovers, trees or palms,
after existing soil have been removed and the proposed topsoil installed
planting soil mixes as outlined in Section V "Planting Soil Preparation",
and per the drawings and details shall be installed.
PART 3
EXECUTON
3.01 JOB CONDITIONS
A. Dust Control
16['5
Use all means necessary to prevent dust from construction operations
from being a nuisance to adjacent property owners, and from damaging
finish surfaces on adjacent buildings, paving, etc. Methods used for dust
control are subject to approval by the Landscape Architect or Owner's
Representative.
B. Stockpilirrg Soil Materials
Within median limit of sight areas stockpiled soil materials shall not be
permitted and in no place shall the stockpiled materials be higher than
three feet.
C. Protection
Use all means necessary to protect curbs, gutters, retaining walls,
sprinklers, utilities and vegetation designated to remain, and, in the event
of damage; immediately make all repairs, replacements and dressings to
damaged plants necessary to the approval of the Landscape Architect.
Contractor shall incur all costs for the replacement of damaged objects
and vegetation. Damage of existing Trees and Palms by the contractor
will require replacement in kind within seven (7) days of the damage.
3.02 SCHEDULING
A. Schedule all work in a careful manner with all necessary consideration for
heavy traffic periods, adjoining property owners, land parcels, and the
public in general.
B. Coordinate schedule with the Program Manager and other Contractors to
avoid conflicts with their work.
3.03 EXCAVATION
A. Rotor till and excavate existing median soil and turf grass vegetation to
obtain desired grade profiles per the attached details and notes. .
1. Spray existing vegetation with contact herbicide
for 100% kill. Two or more applications may be
required for kill.
2. Install irrigation mainline and stub-up 12" below
grade to allow for unobstructed rotor tilling (Mark
locations at curb with paint)
3. Cut, rough grade median soil 24" from back of
curb to 4" below top of curb adjacent to bed areas
and to 3" below top of curb adjacent to turf areas.
';
Cut soil shall be rolled inward toward the center of
the median to create a mounded cross profile.
4. Rotor till soil within medians to a 6" depth to within
18" off the back of curbing (Include 6 passes).
5. Once the rotor tilling is complete the medians shall
be fine graded to create a uniform center
mounded cross profile of the soil within the
median. Fine grading shall include removal of
rocks, stones, and roots greater than 1" in
diameter for the top 4" of soil.
6. Project to be weed free during construction and at
final completion. (Include 2 contact herbicide
applications to be applied as needed)
7. Excavate all median areas to receive paving to a
sufficient depth to allow for the paving installation
materials.
B. Materials to be excavated are unclassified.
C. Remove entirely any existing obstructions after approval by the
Landscape Architect, and Owner.
D. Remove from site and dispose of debris and excavated material not
required by the job the same day it is excavated.
E. Remove all rocks or stones greater than one inch in diameter within the
top four inches of soil in turf areas and to an 8 inch depth in planting beds.
3.04 FINISHED GRADING
A. The Contractor shall establish finished grades as shown on the grading
plans, and as directed by the Landscape Architect and/or Owner; including
areas where the existing grade has been disturbed by other work.
B. Finished grading shall be smooth, aesthetically pleasing, well drained, and
ready to receive sod and other plant material to the full satisfaction of
Landscape Architect and Owner.
C. The Contractor shall use and employ the services of a registered land
surveyor in the State of Florida, to both establish project grades for fine
grading operations, and also to provide certified as-built grading plans if
required.
D. Finished grade tolerances for the aesthetic grading of the landscape areas
of the project shall be % inch vertically and 12 inches horizontally from the
PART 1 - GENERAL
16B5
1.01 RELATED DOCUMENTS
A. All applicable provisions of the Bidding and Contract Requirements, and
General Requirements shall govern the work under this section.
B. Collier County Landscape Beautification Master Plan, R.O.W. Ordinance.
C. F.D.O.T. Florida Highway Landscape Guide, latest edition.
D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest
edition.
E. Project Reference:
F. Applicable sections of the Collier County Land Development Code,
Landscape and Irrigation Sections and the Collier County D.O.T.
Roadway and Traffic Design Standards.
G. South Florida Water Management Xeriscape Plant Guide II and State of
Florida Division of Plant Industry Grades and Standards for Nursery
Plants, latest volumes.
1.02 WORK INCLUDED
A. Provide all labor, materials, necessary equipment and services to
complete the Grading work, as indicated in the drawings, as specified
herein or both, except as for items specifically indicated as "N.I.C." not in
contract items ".
B. Including, but not limited to:
1. Topsoil placement
2. Soil Conditioners
3. Prepared Planting Soil Mixes
4. Prepared top dressing soil mixes.
C. Provide maintenance of traffic plans for automobile and pedestrian traffic
within the project and submit to the roadway agencies having jurisdiction
for approval prior to beginning work using the latest M.U.T.C.D. "Manual
on Uniform Traffic Control Devices", F.D.O.T. "Roadway and Traffic
Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan"
latest active editions.
1.03 RELATED WORK
A. Section I
B. Section IV
C. Section VI
D. Section VII
E. Section VIII
Traffic Control Plan I F.D.O.T. Indexes
Grading
Irrigation
Plant Material and Installation-.
Sodding
1.04 SITE INSPECTION
"~J
.....
4
A. The Contractor shall visit the site and acquaint himself with all existing
conditions and constraints. The Contractor shall be responsible for his
own subsurface investigations, as necessary, to satisfy requirements of
this Section. All subsurface investigations shall be performed only under
time schedules and arrangements approved in advance by the Owner or
Owner's Representative.
1.05 QUALITY ASSURANCE
A. Testing Agency: Independent testing laboratory as approved by FD.O.T.
and Collier
County.
B. Requirements, Reference Standards and Regulatory Agencies: Conform
to requirements of all City, County and State agencies having jurisdiction.
1.06 SUBMITTALS
A. Test Reports
Test reports shall consist of pH range, major and minor element analysis,
soluble salt concentrations, sand fraction analysis and testing laboratory
recommendations as to suitability of soil for planting and drainage.
Reports shall be identified by project name, date, and soil mix type. The
following reports are required:
1. Results of topsoil analysis.
2. Results of planting soil mix analysis: One test required per each
type of soil mix with and without specified fertilizer (note: pH
ranges for plant type)
3. Results of Sand Analysis: One sand fraction analysis required.
4. Results of imported topsoil analysis.
5. Percolation test for medians.
6. Subsoil evaluation or core analysis.
The Owner's representative or Landscape Architect may require additional
test reporting based on field and project conditions at their discretion.
B. Certificates
1. Manufacturer's certification and/or testing laboratory certification
that content of soil conditioners meet specification requirements.
16 !'N!!-
,-r"".I~
J.J oJ
2. Manufacturer's certificate of fertilizer's chemical composition
including, but not limited to, percentage and derivation of nitrogen,
phosphorus, potassium, and micro-nutrients.
3. Submit all certification to the Landscape Architect a minimum of
one week prior to installation of any materials.
C. Soil Samples
1. Submit a one-pound sample of each soil mix specified. Soil
samples with required test reports must be submitted by the
Contractor to the Landscape Architect a minimum of one week prior
to installation beginning. Each sample must be clearly labeled as
to contents.
2. Submit one-pound sample of each soil conditioner required to mix
each prepared planting soil mix.
3. Schedule soil sample with Landscape Architect to verify location,
time, conditions, etc. of samples.
1.07 JOB CONDITIONS
A. Contractor shall become familiar with the site and the required work to
complete this section in accordance with the drawings and what is
specified herein.
B. Contractor shall be responsible for bringing all areas to finished grade as
shown on drawings. Any changes, modifications, or disturbances to the
fine grading shall be corrected by the responsible contractor.
C. Protection: Protect and avoid any damage whatsoever to existing walks,
pavement, curbs, utilities, plant material, and any other work.
D. Contractor shall be responsible for stabilizing all slopes and planting soil
by approved methods.
PART 2 - PRODUCTS
2.01 TOPSOIL
A. Topsoil source for planting shall be provided by the Contractor from off
site sou rces.
B. Topsoil shall be suitable for ornamental plant growth and free from hard
clods, stiff clay, hardpan, gravel, Subsoil, brush, large roots, refuse, or
other deleterious material, and of reasonable uniform quality. Existing
topsoil prior grading shall be treated with post-emergent herbicide and
after placement treated with post and pre-emergent herbicides to remove
weeds.
C. Mechanical Analysis: Topsoil and soil mixture(s) shall meet these
specifications and the following mechanical analysis:
Percentage Passing By Sieve Size Dry Weight
Sieve Size PercentaQe
1 inch 99-100
% inch 97- 99
No. 200 less than 7%
Materials larger than one inch shall be disposed of off the site.
mix.
Existing leaf litter and plant material shall be removed from topsoil and soil
D. Maximum Soluble Salts: 300 ppm.
E. Contractor shall assure existing soils are free of any visible weeds.
F. In the event topsoil on site does not meet the above requirements, topsoil
meeting the requirements may be imported from off-site sources after
approval by Landscape Architect and Owner's Representative.
Minimum Off-Site Topsoil Requirements:
Topsoil shall be friable, fertile soil with representative
characteristics of local soils. It shall be free of heavy clay, marl,
stone, extraneous lime, plant roots, refuse, sticks, brush, litter, and
any harmful materials. There shall be no exotic or noxious weeds or
weed seeds (i.e. nut grass, Bermuda grass, sedges and the like). In
no case shall there be more than five percent (5%) by volume of
stones, coarse sand, gravel or clay lumps larger than one inch (1 ")
in diameter. The soil shall test in the pH range of 5.5 to 7.5 and
shall contain no substance, which will impede plant growth.
Adjustment of the pH shall only be allowed for increasing the pH
level by adding dolomitic limestone. The topsoil shall be sampled
and laboratory tested for certification and approval prior to
installation.
Topsoil shall conform to the following composition ranges:
Components
Organic matter
Silt
Sand
Volume Measure
.5 % to 4 %
3 % to 40 %
60 % to 85 %
Particle Size
.05 - .002mm
.20 - .050mm
16B5
Clay
2.02 SOIL CONDITIONERS
3 % to 10 %
.002 mm &below
A. Dolomitic Limestone: Approved product, designated for agriculture use.
B. Ammonium Sulfate: Manufacturer's standard commercial grade.
C. Florida Peat: Suitable for plant growth, capable of sustaining vigorous
plant growth, and specifically pulverized for agricultural use. Florida peat
shall be free of deleterious materials that would be harmful to plant
growth, shall be free of nematodes, shall be of uniform quality, and shall
have a pH value between 5.5 and 6.5 (as determined in accordance with
ASTM E70). Florida peat shall be sterilized to make free of all viable nut
grass and other undesirable weeds prior to delivery to the project site, and
shall be delivered with certification of sterilization.
D. Pes_ticides: As recommended by applicable Agricultural Public Agencies.
E. Herbicides: As recommended by applicable Agricultural Public A~encies.
F. Soil Fumigants: As recommended by applicable Agricultural Public
Agencies.
G. Fertilizer:
1. Commercial grade fertilizer to comply with State of Florida Fertilizer laws. Chemical
designation shall be as specified with at least 50% of the nitrogen derived from a non-
water soluble organic source, and all potash to be derived from triple
super sulfate forms for all plantings (i.e. submit suppliers analysis
affirming the above).
The following minor elements shall be included:
Zn, Cu, Mg, Fe, Mn, B
a. Contractor shall adjust specified analysis of fertilizer with
required minor elements as required depending upon
test results of existing soils, planting soil(s) and testing
laboratories recommendations at no additional cost to
Owner.
b. Federal Specifications O-F-241 Type 1, Grade A or B.
c. The chemical designation for granular fertilizer for all
plantings shall be 8-10-10 unless otherwise recommended
by testing laboratory.
r;;
i I.
C'
d. Contractor shall submit adjusted fertilizer analysis for plant
type as may be required (i.e. soil, shrubs/groundcovers,
trees, and palms).
2. Note Section III, Trees, Plants and Groundcovers for additional
fertilizer requirements.
H. Water: Free of substances harmful to growth of plants. Water shall also
be free of staining agents as well as elements causing odors. Potable
water will be used on the project. However, reclaimed water will be used,
as available, for irrigation purposes.
I. Soil Sterilizers: As recommended by State and Local Agriculture
agencies. Pre-emergent herbicide "Surf/an" or equal and Post-emergent
herbicide "Roundup" or approved equal, handled and applied per
manufacturers label and instructions, as well as per all regulatory
agencies requirements and regulations.
J. Sand: Clean, white, coarse-grained (0.5 mm or greater) builders sand,
free of substances harmful to growth of plants. Beach sand and Mason's
sand shall not be used.
K. Gravel: Clean (washed), and free from substances harmful to growth of
plants. Gravel shall consist of W' minimum diameter to 1" maximum
diameter stones with 50% of the stones no greater than 1" diameter.
. L. Supply complete information on all analysis/test methodologies and
results; laboratory certifications, manufacturers specifications, and agency
approvals to Landscape Architect or Owner's Representative prior to placement
of soil conditioners. Landscape Contractor shall make all modifications and
improvements to soil and soil mixes deemed necessary by Landscape Architect
and Owner's Representative to meet requirements herein, and to ensure proper
growing medium for all plant material without additional cost to Owner, prior to
planting.
2.03 PLANTING SOIL MIXES
A. Planting soil mixtures(s) shall be suitable for plant growth and free from
hard clods, stiff clay, hardpan, gravel, brush, large roots, nematodes,
weeds, refuse, or other deleterious material, and of reasonably uniform
quality.
B. Planting soil mixtures shall be placed per the plans, details and notes in all
planting beds and as backfill around the root balls of all trees as follows:
1. General Palm Soil Mix:
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100% Topsoil Roots Inc., "M-roots" formula 25 Ibs. per palm on top
of backfill.
2. Roval Palm Soil Mix:
50% Approved topsoil/Florida Peat mixture
50% Clean course builders sand
1 cubic yard of mix per palm
Ph range 5.5.- 6.5
Roots Inc., "M-roots" formula 25 Ibs. per palm on top of backfill.
Note: Contractor shall be responsible to assure percolation of all sod
areas. Increased depth of scarification may be required to insure
percolation in the sod areas of the project.
C. Trees/Shrubs and Groundcovers: Planting soil mixture shall be placed
to a 4" depth over all plant areas then tilled into the topsoil and existing
sub-grade to a depth of eight (8) inches. Planting soil mixture shall also be
used to mix SO/50 with existing soil and used as backfill around the root
balls of all trees, which consist of a mixture as follows:
Blend at a 50% existing or imported topsoil and 50% planting soil mix
Plantinq Soil Mix:
40% Florida fibrous peat
20% Compost
20% Wood chips
20% Sand (.05 - .002 mm particle size)
Roots Inc., "M-roots" formula on top of backfill.
1 gal. - .25 lb. per plant, 3 gal. -.50 lb., 10 gal. - 1 Ibs., 1.5" cal. dia.
- 2 Ibs., 2" dia. - 3 Ibs. 2.5" dia. - Sibs., 3" dia. - 7 Ibs., 4" dia. - 12
Ibs., 5" dia. -16 Ibs., 6" dia. Plus - 25 Ibs.
Note: Contractor shall be responsible to assure percolation of all sod
areas. Increased depth of scarification may be required to insure
percolation in the sod areas of the project.
D. St. AUQustine Floratam Sod: Existing soil to be tilled to a minimum 4"
depth below all sod areas.
Additive to existing soil in turf areas
Roots Inc., "M-roots" formula 10 Ibs. per 1000 sq. ft. with rotary spreader.
Note: Contractor shall be responsible to assure percolation of all sod
areas. Increased depth of scarification may be required to insure
percolation in the sod areas of the project.
;--- ..--,
"
.,
E. Annual Beds: Preparation and amendment of all annual beds shall be as
follows if shown on plans:
Excavated existing soil into the center of the bed for elevation and
drainage.
Spread the following soil amendments evenly over the bed area.
1/3 Florida peat
1/3 Pine bark
1/3 Clean builders sand
4 to 6 month Osmocote 1 tablespoon per plant
F. Provide certification that all planting soil mixtures are 99% free of all viable
nut grass, and other undesirable weed seeds.
G. All planting soil mixes shall be thoroughly blended to form a uniform
planting medium suitable for exceptional plant growth.
H. Test pH of prepared topsoil and planting soil mixtures by method
acceptable to current industry standards. If pH is not between 5.5 and 6.5,
add approved soil conditioner/additive to bring pH within that range.
Imported local topsoil shall have a Ph range of 5.5 to 7.5.
I. Supply complete information on all analysis/test methodologies and
results; laboratory certifications, manufacturers specifications, and agency
approvals to Landscape Architect prior to placement of soil mixtures. In
addition, provide Landscape Architect with thoroughly mixed sample of all
soil mixes for approval prior to placement (note pH ranges). Landscape
Contractor shall make all modifications and improvements to soil mixes
deemed necessary by Landscape Architect to meet requirements herein,
and to ensure proper growing medium for all plant material without cost to
Owner, prior to planting.
PART 3 - EXECUTION
3.01 INSPECTION
A. Examine areas to receive soil preparation to assure work of other trades
has been completed. Whole contiguous areas are to be prepared at the
same time without patchwork or checkerboard work areas.
B. Verify that plants to remain undisturbed have been clearly identified and
protected from injury during construction. If not, identify and protect plants
to remain according to procedures set forth in Section III, "Trees, Plants,
and Groundcovers".
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C. Remove all construction materials and debris from all areas to be
landscaped, without additional expense to Owner, prior to subsoil
preparation.
D. Verify that all areas have been properly graded, and that all planting areas
have adequate surface drainage prior to planting.
E. Do not proceed with soil preparation or soil top dressings until all
unsatisfactory conditions are corrected.
F. Verity representative soil percolation test for planting pits in each project
area to ensure proper soil drainage prior to planting. Schedule percolation
test with Landscape Architect to verify compliance.
3.02 SITE PREPARATION
A. General: Within the entire contiguous area to be landscaped, sodded or
seeded, as shown on the drawings, the contractor shall complete the
following site preparation. Initiate site
preparation as stated herein, and coordinate all work with the existing
underground sprinkler system and electrical lines.
B. Grading: Upon completion of the excavation of the existing soil topsoil as
described within and deemed acceptable by the Owner's Representative,
the contractor shall grade and place soil mixes in all areas to the proposed
grades. Proposed grades shall be as shown or notes on the plans. All
areas shall be maintained in a true and even condition. All areas shall be
positively drained to existing drainage structure where existing and
properly compacted to prevent the formation of depressions where water
will stand,:, All undulations and irregularities in the surface shall be leveled
prior to initiating landscape planting.
C. Post-Emergence Herbicide: Apply "Roundup" or equal as manufactured
by Monsanto Corp. according to manufacturers recommended rate and
specification within the limits of all areas specified on the plans to be
landscaped as needed to control weeds. Protect existing plants from
overspray. Contractor shall ensure total eradication of all existing weed
and/or natural groundcover of all areas to be landscaped within the project
area prior to proceeding with plant installation.
D. Pre-Emergence Herbicide: Apply "Surflan" or approved equal to all areas
to be landscaped according to the manufacturers recommended rate and
specification. Contractor shall be responsible to re-apply appropriate
herbicide to eradicate all remaining weeds, and maintain a weed-free
condition in all areas throughout all landscape planting areas.
'"9 """..........11..
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E. All herbicide and soil fumigant applications shall be completed by
experienced personnel only; in strict accordance with applicable codes
and regulations, and contained with the limits of areas to be landscaped.
The contractor shall be responsible to replace all existing landscape
material present on site with equal sized material that may be damaged
while applying herbicide; including overspray or improper application of
herbicide, at his own expense.
F. Acceptance: Upon completion of all site topsoil preparation, the
contractor shall request acceptance from the Owners's Representative
prior to initiating landscape planting as specified.
3.03 PERFORMANCE
A. Subsoil: Remove all construction debris, lime rock, gravel, rocks and
other deleterious material over 2" in diameter, within 18" of surface in
areas to receive planting and topsoil mixtures, from the project site. Fine
grade subsoil to assure finish grades are achieved by adding the specified
depth of topsoil and/or planting mixture.
B. Soil Mixtures
1. Prior to installing planting soil, test tree pits and planting areas for
percolation. If areas do not drain; it is the contractor's responsibility
to assure percolation by approved means (i.e. addition of gravel or
excavate deeper to break through hardpan soil, etc).
2. Remove rocks and other objects over one inch (1") in diameter.
3. Grade soil mixtures to four inches (4") below top of surrounding
paving, wherever planting beds abut paved surfaces.
4. Do not compact planting soil mixture; but do wet/soak planting areas to
assure proper settlement. Replace topsoil/planting soil mixture to
specified grade after watering, where necessary.
5. Grade topsoil to finished grade in areas to be sodded. Remove plant
material not indicated as existing, or to be relocated, in order to adhere
to sod lines.
6. Remove limerock or soil cement, and/or any other materials deleterious
to plant growth and survivability, in median islands or construction areas to
a full 18 inch soil depth in planting beds or turf areas. Do not damage
sub-base material for paved surfaces or curbing. Assure percolation, and
then backfill with approved planting soil mix.
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7. Excavate annual beds and replace soil with approved planting soil mix
as indicated above.
3.04 CLEAN-UP
A. Immediately clean up spills, soil and conditioners on paved and finished
surface areas.
B. Remove debris and excess materials from project site daily.
END OF SECTION V
SECTION VI - CONVENTIONAL POP-UPIRRIGA TION SYSTEM
PART 1
GENERAL
1.01 RELATED DOCUMENTS
A. All applicable provisions of the Bidding and Contract Requirements, and
General Requirements shall govern the work under this section.
B. Collier County Streetscape Master Plan
C. F.D.O.T. Florida Highway Landscape Guide, latest edition.
D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest
edition.
E. Project Reference:
F. Applicable sections of the Collier County Land Development Code,
Landscape and Irrigation Sections and the Collier County D.O.T.
Roadway and Traffic Design Standards.
G. South Florida Water Management Xeriscape Plant Guide " and State of
Florida Division of Plant Industry Grades and Standards for Nursery
Plants, latest volumes.
1.02 WORK INCLUDED
A. The work covered by this specification shall include the furnishing of all
labor, materials, tools and equipment necessary to perform and complete
the installation of an automatic irrigation system as specified herein, and
as shown on the drawings, and any incidental work not shown or specified
which can reasonably be determined to be part of the work, and
necessary to provide a complete and functional system.
B. The work covered by this specification also includes all permits, federal,
state and local taxes and all other costs; both foreseeable and
--:. /. ~_.\
'1~
unforeseeable at the time of construction. The Owner shall provide Collier
County right-of-way permit and F.D.O.T. permits.
C. No deviation from these specifications, the accompanying drawings, or
agreement is authorized or shall be made without prior written
authorization signed by the Owner or his duly appointed representative.
D. Provide "Maintenance of Traffic" plans for automobile and pedestrian
traffic within the project and submit to the roadway agencies having
jurisdiction for approval prior to beginning work using the latestM.U.T.C.D.
"Manual on Uniform Traffic Control Devices", F.D.O.T. "Roadway and
Traffic Design Standards" indexes and the F.D.O.T. "Florida Pedestrian
Safety Plan" latest editions.
1.03 RELATED WORK
A. Section
B. Section
C. Section
E. Section
F. Section
I - Traffic Control Plan I F.D.O.T. Indexes
III - Underground Electric Service Feed
IV Grading
D. Section V - Planting Soil Preparation
VII -Plant Material and Installation
VIII Sodding
1.04 QUALITY ASSURANCE
A. Installer Qualifications: A firm specializing in irrigation work, with not
less than five (5) years of experience in installing irrigation systems similar
to those required for this project.
B. Coordination: Coordinate and cooperate with other contractors to enable
the work to proceed as rapidly and efficiently as possible.
C. Inspection of Site: The contractor shall acquaint himself with all site
conditions, including underground utilities before construction is to begin.
Contractor shall coordinate placement of underground materials with
contractors previously working underground in the vicinity, or those
scheduled to do underground work in the vicinity. Contractor is
responsible for minor adjustments in the layout of the work to
accommodate existing facilities.
D. Protection of Existing Facilities, Signage, Vegetation and General
Site Conditions: The Contractor shall take necessary precautions to
protect existing vegetation in preservation areas. Contact Landscape
Architect if minor adjustments are not sufficient to protect existing site
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conditions. All existing grades shall be maintained and restored to their
previously existing condition immediately following installation and testing.
E. Protection of Work and Property: The Contractor shall be liable for, and
shall take the following actions as required with regard to damage to any
of the Owner's property.
(1) Any existing building, equipment, piping, pipe coverings, electrical
systems, sewers, sidewalks, roads, grounds, landscaping or
structure of any kind (including without limitation,. damage from
leaks in the piping system being installed, or having been installed
by Contractor) damaged by the Contractor, or by his agents,
employees, or subcontractors, during the course of his work;
whether through negligence or otherwise, shall be replaced or
repaired by Contractor at his own expense in a manner satisfactory
to Owner, which repair or replacement shall be a condition
precedent to Owner's obligation to make final payment under the
Contract.
(2) Contractor shall also be responsible for damage to any work
covered by these specifications before final acceptance of the work.
He shall securely cover all openings into the systems and cover all
apparatus, equipment and appliances, both before and after being
set in place, to prevent obstructions on the pipes, and the
breakage, misuse or disfigurement of the apparatus, equipment or
appliance.
F. Codes and Inspections: The entire installation shall comply fully with all
local and state laws and ordinances, and with all established codes
applicable thereto. The Contractor shall take out all required permits
except as noted within, arrange for all necessary inspections, and shall
pay all fees and expenses in connection with same, as part of the work
under this contract. Upon completion of the work, he shall furnish to the
"Owner" all inspection certificates customarily issued in connection with
the class of work involved.
G. The Contractor shall keep on his work, during its progress, a competent
superintendent and any necessary assistants, all satisfactory to the
Owner, or Owner's Representative.
H. The Superintendent shall represent the Contractor in his absence, and all
directions given to him shall be as binding as if given to the Contractor.
I. The Owner's Landscape Architect, Irrigation consultant, or designated
individual, herein referred to as the Owner's Representative, shall have full
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authority to approve or reject work performed by the Contractor. The
Owner's Authorized Representative shall also have full authority to make
field changes that are deemed necessary.
J. In all cases where observation of the irrigation system work is required,
and/or where portions of the work specified to be performed under the
direction of the Owner's Representative, the Contractor shall notify same,
at least 48 hours prior to the time such observation or direction is required.
K. Any necessary re-excavation or changes to the system needed, because
of failure of the Contractor to have the required observations. shall be
performed at the Contractor's expense.
1.05 SUBMITTALS
A. Refer to General Requirements, Operation and Maintenance Date (when
applicable to this contract).
B. All material shall be those specified and/or approved by the Landscape
Architect.
C. Product Data: After the award of the contract, and prior to beginning
work, the Contractor shall submit for approval by the Owner's Irrigation
Consultant and Landscape Architect, two copies of the complete list of
materials, manufacturer's technical data, and installation instructions
which he proposes to install. For all proposed element substitutions, the
contractor shall submit performance technical data approved by the
Center of Irrigation Technology.
D. Commence no work before approval of material list and descriptive
material by the Irrigation Consultant and Landscape Architect.
E. Record Drawings: The Owner shall furnish the Contractor with one set of
reproducible vellums or mylar sepias showing all work required under this
contract for the purpose of having the Contractor record on these
reproducibles all changes that may be made during actual installation of
the system. Location shall include dimensions from two (2) permanent
points of reference (building corner, street corner, fence line, etc.).
(1) Immediately upon installation of any piping, valves, wiring, tubing, etc., in
locations other that shown on the original drawings, or of sizes other than
indicated, the Contractor shall clearly indicate such changes on a set of blueline
prints. Records shall be made on a daily basis. All records shall be neat and
subject to the approval of the Owner.
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(2) The Contractor shall also indicate on the record prints the location of
all wire splices, original, or due to repair, that are installed underground
in a location other than the controller pedestal, remote control valve
box, or power source.
(3) These drawings shall also serve as work progress sheets. The
Contractor shall make neat and legible notations thereon daily as the
work proceeds, showing the work as actually installed. These
drawings shall be available at all times for review, and shall be kept in
a location designated by the Owner's Representative.
(4) Each month when Contractor submits his progress payment request to
the Owner, it shall include the up to date record drawing information for
all material installed to that date.
(5) Progress payment request and record drawing information must be
approved by the Landscape Architect before payment is made.
(6) If, in the opinion of the Owner or his representative, the record drawing
information is not being properly or promptly recorded, construction
payment may be stopped until the proper information has been
recorded and submitted.
(7) Before the date of the final site observation and approval, the
Contractor shall deliver one set (copies) of the record drawing plan and
notes to the Landscape Architect. The Contractor shall deliver the
original marked reproducibles to the Owner. The Landscape Architect
and Owner shall approve record drawing information prior to final
payments, including retention's.
PART 2 PRODUCTS
All products shall be as specified on the plans and herein these specifications.
2.01 MATERIALS
A. The materials chosen for the design of the irrigation system have been
specifically referred to by the manufacturer, so as to enable the Irrigation
Consultant or Landscape Architect to establish the level of quality and
performance required by the system design. Equipment by other
manufacturers may be used only if submittal of manufacturer's technical
data and installation instructions are reviewed and approved by the
Landscape Architect and Owner's Representative. Approval may be
granted only if substitution is equal to the specified equipment.
Performance technical data provided and approved by the Center of
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Irrigation Technology must be submitted for all proposed product
substitutions.
B. Storaae and Handlina: Use care in handling, loading, storing and
assembling components to avoid damage. Store plastic pipe and fittings
under cover and protect from sunlight before using. Discolored plastic
pipe and fittings shall be rejected.
C. All metallic pipe and fittings shall be handled, stored, loaded and
assembled with the same care used for plastic components. Metallic
components shall be stored in an enclosure to prevent rusting and
general deterioration.
D. Polyvinyl Chloride Pipe (PVC):
(1) All PVC pipe shall be homogeneous throughout, free from visible
cracks, holes, and foreign materials. The pipe shall be free from
blisters, dents, ripples, extrusion die and heat marks.
(2) All PVC pipe shall be continuously and permanently marked with the
manufacturer's name or trademark, kind and size (IPS) of pipe,
material, and manufacturer's lot number, schedule, class or type, and
the NSF seal of approval.
(3) Pipe tensile strength shall be in accordance with ASTM-D 638.
(4) Polyvinyl Chloride Pipe (PVC) Bell End Gasket Type - Pipe 3" and
larger shall be used,
or irrigation main line and any other line under constant pressure, and
shall be:
a. PVC 1120/1220 Class 200, SDR-26 Bell End Gasket Type in
accordance with the latest revision of the following specifications:
American Society for Testing Materials
ASTM-D 1784 ASTM-D 2241 ASTM-D
Department of Commerce, PS 22-7
National Sanitation Foundation Testing Laboratories
b. Provide written certification from manufacturer that polyvinyl
chloride pipe has successfully passed all tests per ASTM-D 2241.
(5) Polyvinyl Chloride Pipe (PVC) Solvent Weld Type - Pipe 2 % inches
and smaller shall be used for lateral piping, and any piping not under
constant pressure, and shall be:
16B5
a. PVC 1120/1220 Class 160, SDR-21 solvent weld joint, in
accordance with the latest revision of the following specifications:
American Society for Testing Materials
ASTM-D 1784 ASTM-D 2241
Department of Commerce, PS 22-70
National Sanitation Foundation Testing
Laboratories
b. Provide written certification from manufacturer that polyvinyl
chloride pipe has successfully passed all tests per ASTM-D 2241.
(6) All piping including main lines and laterals for reuse water source
projects shall be color coded (Pantone purple 522C) for reuse
water per County ordinances and State statues.
E. PVC Pipe Fittings:
(1) Molded solvent weld socket fittings shall be PVC Schedule 40, Type 1//1
in accordance with ASTM-D2466. Sockets shall be tapered,
conforming to the outside diameter of the pipe, as recommended by
the pipe manufacturer. All fittings must conform to the twenty (20)
minute acetone test as for pipe, and shall be a approved.
(2) Molded threaded fittings shall be PVC Schedule 80 in accordance with
ASTM-2464. All fittings shall withstand the twenty (20) minute acetone
test, and be approved.
(3) All molded fittings shall be marked with manufacturer's name and/or
trademark, type PVC, schedule, size and NSF seal of approval.
Extruded couplings shall be from NSF rated raw materials, and meet
ASTM standards. Supplier shall provide certification on extruded
couplings when requested.
(4) Schedule 80 threaded male/female adapters shall be used in
connecting to threaded
joints.
(5) All changes in depth of mainline pipe shall be made using 45 degree
fittings.
(6) All threaded PVC to metallic connections shall be made in accordance
with the PVC fitting manufacturers recommendations. Any sealant
used shall be of the non-hardening, non-petroleum base type, and
shall not adversely affect PVC pipe or fittings.
F. PVC Solvent Cement:
'1
-"'/
PVC solvent cement and primer/cleaner shall be compatible with the
specific size and type of PVC pipe and fittings, and of proper consistency
in accordance with the pipe manufacturer recommendations.
G. Rubber Rings and Gasket Joint Lubricant:
Rubber rings shall conform to ASTM-D 1869 and F 477. Contractor shall
only use pipe joint lubricant supplied by or recommended by the pipe
manufacturer. Lubricant shall be water soluble, non-toxic, an inhibitor to
bacterial growth, and shall be non-detrimental to the elastomeric seal and
pipe. Mineral oil, petroleum jelly, hydrogenated vegetable fat (i.e. Crisco
(RR), petroleum products, cooking oil, grease, etc.) shall not be used.
H. Automatic Field Controller:
The irrigation controller shall be as specified on the plans. All field
controllers shall be equipped with all available electrical surgellightning
protection devices for all circuits. Protection shall be factory supplied and
installed whenever possible. Protection devices not supplied by the
manufacturer shall be as recommended by manufacturer to provide a
maximum degree of protection.
I. Low Voltage Valve Control Wire (24 Volt):
All 24 volt control wire shall be #10 AWG or as specified on plans, UL
listed single conductor solid copper, type UF, 600 volt test for direct burial
installation.
(1) Provide one (1) red activation, (1) white common, (1) blue expansion
and (1) green spare 24 volt valve control wire, between the field
controller terminal strip station lug and the farthest control valve
solenoid lead; to all control valves.
(2) Valve common wire shall be white in color. Individual valve control
wires shall be color-coded or identified by an approved tagging
method.
(3) All wire shall be furnished in minimum 2,500 feet rolls and spliced only
at the valve and the controller.
J. Control Valves
The remote control valves shall be as specified on the plans, and shall
perform to the manufacturer's specifications.
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K. Gate Valves:
Gate valves one inch (1 ") through four inch (4") shall be specified on the
plans and shall perform to the manufacture's specifications.
L. Quick Coupling Valve:
All quick coupling valves shall be solid bronze as specified on the plans,
and shall perform to the manufacturer's specifications within jumbo valve
boxes.
M. Control Valve Boxes:
All control valve, gate valve, and quick coupling valve boxes shall be
jumbo twenty-four inch (24") Ametek Boxes, or approved equal, with
identification covers reading, i.e." Control Valve" or Irrigation Controls".
Where possible, gate valves shall be installed with control valves. Jumbo
size boxes with cover shall be used for all two valve in one box
installations. Gravel and non-woven soil fabric shall be installed at the
bottom of the boxes as shown in the details.
(1) Locking lids shall be mauve in color; boxes and extensions shall be
black or green, and constructed of high strength, light weight
thermoplastic.
N. Tubina to Connections:
All interconnecting tubing sections shall be connected with connections
recommended by the tubing manufacturer.
(1) Any threaded connection using Teflon tapes as an anti-seize device
shall avoid excessive use of Teflon tape. Apply Teflon tape only in
accordance with fittings and/or component manufacturers
recommendations.
O. Back Flow Prevention Device:
The back flow prevention device shall be as specified on the plans, and
shall be installed and perform to the manufacturers specifications. If back
flow prevention device is required by local or state laws or ordinances it
shall be supplied by Collier County.
P. Conventional Irrigation System General Lavout and Installation:
System zones shall have all components as shown on the plans and as
recommended by the manufacturer.
(1) The Irrigation Contractor shall coordinate with the Landscape
Contractor for the layout of the landscape designated areas. The
Irrigation Contractor shall make all adjustments necessary to assure
that water is provided in a consistent and uniform fashion to the plant
material. Any significant layout changes shall be brought to the
attention of the Project Manager and Landscape Architect for approval.
The Irrigation Contractor shall have the layout approval of the Project
Manager and Landscape Architect prior to covering the layout
changes. Upon the complete installation of the system or sections and
being fully operational the system shall be run for two continuous days
- to hydrate the soil.
(2) Thoroughly flush all pipelines for a period of no less than five minutes
prior to installing nozzles.
(3) Review of each zone for layout and coverage approval is required by
the Owner's representative.
(4) The soils at the planting areas shall be thoroughly hydrated two days
prior to the installation of plant material. The Landscape Contractor
shall coordinate with the Irrigation Contractor for the location of large
plant materials. Any damaged lines shall be repaired or replaced by
the party responsible for the damage. In the event of repairs or
replacements, the section shall be thoroughly flushed. All expenses
incurred as a result of the damaged shall be bared by the responsible
party.
P. Sprinkler Heads and Nozzles:
The sprinkler heads and nozzles shall be as specified on the plans, and
shall perform to the manufacturer's specifications.
PART 3 EXECUTION
3.01 SYSTEM DESIGN
A. Design Pressures:
Main line pressure at the source location shall be as required to operate
the irrigation system at the design pressures as specified on the plans.
Pressure shall meet manufacturer's specifications.
B. Location of Irrigation Components:
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Irrigation plants are diagrammatic and approximate. All piping wires, field
controllers, etc., shall be installed within the project boundaries. Final
location of piping and wiring shall be done following Contractor
ascertaining location of existing underground utilities.
C. Sprinkler Head Spacing:
Head spacing shall be as shown on the plans. Do not exceed spacing
shown or noted on the plans. Spacing may be adjusted to accommodate
changes in terrain, proposed planting locations, and existing site
conditions, only if approved prior to installation by the Irrigation Consultant
and/or Landscape Architect.
D. Minimum Water Coverage:
Minimum water coverage shall be for aU proposed plants and turf areas.
Layout may be modified if necessary, and approved by the Irrigation
Consultant and/or Landscape Architect, to obtain coverage.
E. Codes and Inspections:
The entire installation shall comply fully with all local and state laws and
ordinances, and with all established codes applicable thereto. The
Contractor shall take out all required permits (excluding permits listed
within and provided by the Owner), arrange for all necessary inspections,
and shall pay all fees and expenses in connection with same, as part of
the work. Upon completion of the work, he shall furnish to the "Owner" all
inspection certificates customarily issued in connection with the class of
work involved.
3.02 EXCAVATION AND TRENCHING
A. Perform all excavations as required for the installation of the work as
defined and described on the installation plans, in accordance with the
contract documents, and under this section of specifications.
B. All construction shall be done in a neat and workmanlike manner in strict
accordance with manufacturer's recommendations. No sand or foreign
material shall be allowed to enter the pipe. Ends shall be suitably plugged
when pipe laying is not in progress.
C. Main and Lateral Line Trenching:
Mainlines shall be installed in accordance with the installation details, and
by cutting and removing sod if necessary; trenching, laying pipe,
backfilling, compacting soil, restoring grades, and replacing sod, if
required.
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(1) Mainline trenches shall be of the necessary width for the proper laying
of pipe, fittings, wire and conduits, and the banks shall be as vertical as
possible. Trenches shall be great enough to allow six inches between
parallel pipelines. Trench with shall not be greater than is necessary to
permit satisfactory jointing and other installation procedures.
(2) Mainline trench depths shall be as noted in the specifications and on
the installation plans and details. Use 45-degree fittings for all
changes in depth of mainline pipe.
(3) Trench bottoms shall be sufficiently graded to provide uniform bearing
and support for each section of pipe at every point along its entire
length. Trench bottom shall be free of rocks, gravel and other
extraneous debris.
D. Safety:
Maintain all warning signs, shoring, barricades flares and red lanterns as
required by the Safety Orders of the Industrial Safety, and any applicable
Federal, State and local ordinances.
E. Trench Depth:
Trenches shall be made wide enough to allow a minimum of six inches
between parallel pipe lines. Trenches for pipelines shall be made of
sufficient depths to provide the minimum cover from finish grade as
follows:
Minimum cover over main line sleeves under paved surfaces to be
36" or per FDOT requirements. 36" minimum cover over main lines
under paved surfaces. 24" minimum cover oyer main lines within
medians, if installed along back of curbing.
48" minimum cover over main lines within medians, if installed
down center of median. 12" minimum cover over lateral lines to
heads.
(1) Metalized identification tape shall be buried approximately six (6)
inches above irrigation main line. Tape width shall be three inch (3")
minimum. Tape colors and imprints shall be as follows:
Imprint
"Reclaimed Water"
Caution - Non-Potable Irrigation
Water Line Buried
Color
Pantone Purple 522C
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F. All irrigation pipe, three inches and larger, shall be thrust blocked as
shown on the details on accompanying plans.
3.03 BACKFILL AND COMPACTING
A. After testing of system has occurred, and observations have been made,
backfill excavations and trenches with clean soil, free of stones, sticks,
construction debris and rubbish.
B. Contractor shall not backfill over fittings, valves or couplings until pressure
tests have been successfully completed.
C. Backfill for all trenches, regardless of the type of pipe covered, shall be
compacted to minimum 90% density. Compact trenches in areas to be
planted by thoroughly flooding the backfill. Jetting process shall be used
when necessary in those areas.
D. Dress off all areas to finish grades, and restore to condition previous to
irrigation installation.
E. Clean-Up:
Remove from the site all debris resulting from work of this section.
Cleanup shall be conducted continuously throughout the installation
process to keep extraneous materials off the work site.
3.04 INSTALLATION
A. Remote control Valves:
Install remote control valves where shown and group together where
practical; place no closer than 12 inches to walk edges, buildings, and
walls.
B. Valve Boxes:
Install all valve boxes to avoid direct contact with PVC irrigation piping.
During valve box installation, place gravel and filter fabric as specified in
the plan details. All valve boxes to be jumbo size. Install in planting beds
where possible.
C. PVC Pipe and Fittings:
Plastic pipe and fittings shall be solvent welded using solvents and
methods as recommended by manufacturer of the pipe; and as indicated
elsewhere in these specifications, except where screwed connections are
required. Pipe and fittings shall be thoroughly cleaned or dirt, dust and
moisture before applying solvent with a non-synthetic bristle brush. All
screwed connections shall b thoroughly cleaned and wrapped with Teflon
tape, as specified in these specifications.
(1) The pipe manufacturer's installation manual shall be followed for the
installation practices.
(2) Use only a color-tinted cleaner/primer to prepare the outside diameter
of the pipe and the inside diameter of the fitting socket. Cleaner/primer
and solvent cement shall be compatible with the specific sizes and
. types of PVC pipe and fittings being used.
(3) Use only those applicator devices approved or recommended by the
pipe and fitting manufacturer to apply the cleaner/primer and the
solvent cement. Applications shall also be approved by the
manufacturer of the cleaner/primer and solvent cement.
(4) Make all joints immediately after applying the solvent cement. Check
all fittings for correct position. Hold joint steady so that pipe does not
push out from fitting. Use a clean rag to remove any excess solvent
from completed joint area.
(4) All joints shall remain completely undisturbed for at least 15 minutes
prior to any movement.
D. Above Ground PipinQ:
All pipe and fittings permanently installed above ground shall be UV
resistant PVC Schedule 80 pipe. Piping shall be painted a color as
approved by the Owner.
(1) All pipefittings intended for temporary use, and installed above ground,
shall be UV resistant PVC Schedule 80.
E. Pipe Sizes:
All lateral and mainline pipe sizes are as indicated on the Irrigation Plans.
Contractor shall minimally size pipe so to maintain a minimum 45 - 50 PSI
operating pressure.
F. Manual Gate Valves:
Make all connections between PVC pipe and metal valves or steel pipe
with threaded fittings using PVC male adapters. All threads shall be
1685
I
thoroughly cleaned of dirt, dust, and moisture before wrapping with Teflon
tape.
G. Automatic Field Controllers:
The on-site location of the automatic controllers shall be approved by the
Irrigation Consultant and/or the Landscape Architect following stake-out in
the field by the Contractor. Contractor shall be responsible for monitoring
the integrity of the flag markings.
(1) Controllers shall be installed in accordance with the plan details and
. manufacturer's instruction.
(2) Contractor shall provide controller grounding in accordance with the
manufacturer's requirements and/or recommendations. If specified
ground resistance cannot be obtained, consult manufacturer for
prescribed methods.
(3) Connect remote control valve to controller in the sequence shown on
the plans. If plan is not labeled, then connect remote control valves to
controller in a clockwise sequence to correspond with station setting,
beginning with Stations 1, 2, 3, etc.
3.05 CLOSING OF PIPE AND FLUSHING LINES
A. Cap Openings:
Cap or plug all openings as soon as lines have been installed to prevent
the entrance of materials that would obstruct the pipe. Leave in place until
removal is necessary for completion of installation.
(1) Thoroughly flush out all irrigation lines before installing valves, heads
and other hydrants.
(2) Test in accordance with paragraph on Hydrostatic Tests.
B. Testing:
Request the presence of the Irrigation Consultant and/or Landscape
Architect in writing, or by phone, at least 48 hours in advance of testing.
All testing is to be accomplished at the expense of the Contractor, and in
the presence of the Irrigation Consultant and the Landscape Architect.
C. Hvdrostatic Test:
~l
Center load piping with small amount of backfill t~prevent arching or
slipping under pressure. A continuous and static water pressure of 120
PSI or as directed by Owner's representative shall be applied for a period
of not less than two (2) hours. Repair all leaks resulting from pressure
test. Expel air from system after testing, and flush all lines.
(1) Tests shall be made between valves and, as far as is practicable, in
sections of approximately one thousand (1000) feet, as long as
approved by the Irrigation Consultant and/or the Landscape Architect.
Potable water from an existing water distribution system shall be
used, if available. The test pressure shall be 120 PSI, or as directed
by Owners Representative and the pressure shall be maintained for a
period of not less than two (2)
hours. Pressure shall not vary more than two pounds from the above
during the two hour testing period. Allowable leakage shall be
computed on the basis of table 3, Section 13.7 AWWA Standard
C600-64, on the applicable formula for other than 18 foot lengths.
(2) All leaks evident at the surface shall be uncovered and repaired,
regardless of the total leakage, as indicated by the test. All pipes,
valves, fittings and other material found defective under the test shall
be removed and replaced at the Contractor's expens-e. Tests shall be
repeated until leakage has been corrected.
D. Operational Testing:
Perform operations testing after hydrostatic testing is completed, backfill is
in place, and sprinkler heads adjusted to final position.
E. Demonstration:
Demonstrate to the Irrigation Consultant and/or the Landscape Architect
that the system meets coverage requirements, and that automatic controls
function properly. Coverage requirements are based on operation of one
circuit at a time.
F. Upon completion of the testing, the Contractor shall complete assembly,
balance and adjust components for proper distribution, as indicated
elsewhere in these specifications.
3.06 ELECTRICAL
A. Irrigation Contractor shall be responsible for the placement of the 110-volt
AC service necessary for the operation of electric controller as specified
on the plans, and in accordance with the manufacturer's specifications.
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B. Electric control lines (24 Volt) from controller to automatic valves shall be
direct burial wire of a different color than the 110 Volt service to
controllers. The 24 Volt common ground shall be of one continual color,
and of a different color than the other 24 Volt lines and the 110 Volt
service. All 110 Volt AC wiring shall be installed in accordance with
Federal, State, and local electric requirements.
C. All 24 Volt wire shall be placed in 1.25" dia. sch. 40 pvc piping along the
main line from valve or splice box to valve or splice box and from the main
line to the controller location if the controller is not located next to the main
line. A valve box shall be installed at all locations where the wiring leaves
to main line.
D. Provide an expansion curl within three (3) feet of each wire connection,
and at each change of direction. Each expansion curl shall be formed by
wrapping at least six (6) turns of wire around a 2-inch diameter pipe, then
removing the pipe.
E. All 24 Volt wire shall be installed in accordance with the latest provisions
of the National Electrical Code, and all prevailing local codes.
F. All above ground low voltage wiring shall be installed in UL listed plastic
conduit and connectors, in accordance with prevailing local codes.
G. Install all 24 Volt valve control wires and common wire under the irrigation
main to one side of mainline trench. Installation depth shall conform to the
depth of the mainline as indicated elsewhere in these specifications.
H. Install all 24 Volt wires in mainline trench, except for distance between
controller and the mainline pipe location.
I. All field repair splices shall be made using Scotch-Lok No. 3500 or DBY
connector sealing packs, or approved equivalent. Each individual wire
splice requires one connector sealing pack.
J. All in-the-field low voltage wire splices shall be made in a valve box as
described within these specifications, or in the pedestal of the field
controller.
K. When more than one wire is placed in the same open trench, wires shall
be bundled and taped together using black electrical tape.,
l. Provide an expansion coil of eight to ten feet of wire or cable at each
change in direction along the wire routing where wire is directly buried in a
trench. Provide an expansion coil of four to six feet of wire every 1000
,
feet of straight wire run. Coil diameter to be 24 to 30 inches. Do not tape
restrain the wire coil. Lay the wire coil flat in the trench.
M. Provide an expansion coil of eight to ten feet of wire or cable at each side
of a road crossing. Coil diameters to be 24 to 30 inches. Do not tape
restrain the wire coil. Lay the wire coil flat in the trench.
N. All wire passing under existing or future paving, or construction, shall be
encased in plastic conduit extending at least 24 inches beyond edges of
paving or construction, as indicated on the irrigation plans, or elsewhere in
these specifications.
O. The 24 VAC low voltage wiring system between field controller (FC) and
remote control valves shall be properly grounded per manufacturer's
instructions.
3.07 PROVISIONAL ACCEPTANCE
A. The Contractor shall complete all construction, and shall repair or replace
all defective work before provisional observation by the Landscape
Architect. On completion, and upon request of the Contractor, the
Landscape Architect shall inspect all irrigation for provisional acceptance.
The request shall be received from the Contractor at least two days before
the anticipated provisional observation.
3.08 FINAL ACCEPTANCE
A. Final acceptance shall be done in accordance with General Requirements.
Contract close-out (when applicable to this contract).
B. "Record" Irriaation Drawinas:
Record drawings shall be delivered to the Owner, Irrigation Consultant
and/or the Landscape Architect before final acceptance of work.
3.09 WARRANTY
A. Warranty:
The Contractor shall furnish a written warranty, stating that all work
included under this contract shall be warranted against all defects and
malfunction of workmanship and materials for a period of one (1) year
from date of completion and final acceptance of this project, unless
County provides warranty to be executed.
16B5
(1 )The Contractor further agrees that he will, at his own expense, repair
and/or replace all such defective work and materials, and all other work
damaged thereby, and which becomes defective during the term of the
guarantee/warranty, in an expedient manner.
(2) The Owner retains the right to make emergency repairs without
relieving the Contractor's guarantee obligation. In the event the
Contractor does not respond to the Owner's request for repair work
under their guarantee/warranty within a period of forty-eight (48) hours,
the Owner may make such repairs, as he deems necessary, at the full
expense of the Contractor.
(3) Any settling of backfilled trenches, which may occur during the
guaranty/warranty period, shall be repaired by the Contractor at no
additional expense to the Owner, including the complete restoration of
all damaged planting, sod, paving or other improvement of any kind.
B. Instruction:
After completion and testing of the system, the Contractor will instruct the
Owner's personnel in the proper operation and maintenance of the
system,
END OF SECTION VI
)
. '.1
, :1
SECTION VII- PLANT MATERIAL AND INSTALLATION
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. All applicable provisions of the Bidding and Contract Requirements, and
General Requirements shall govern the work under this section.
B. Collier County Landscape Beautification Master Plan, R.O. W. Ordinance
C. F.D.O.T. Florida Highway Landscape Guide, latest edition.
D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest
edition.
E. Project Reference:
F. Applicable sections of the Collier County Land Development Code,
Landscape and Irrigation Sections and the Collier County D.O.t.
Roadway and Traffic Design Standards.
G. South Florida Water Management Xeriscape Plant Guide II and State of
Florida Division of Plant Industry Grades and Standards for Nurs-ery
Plants, latest volumes.
1.02 WORK INCLUDED
A. Provide all labor, materials, necessary equipment and services to
complete the Grading work, as indicated on the drawings, as specified
herein or both, except as for items specifically indicated as "N.I.C." not in
contract items".
B. Provide maintenance of traffic plans for automobile and pedestrian traffic
within the project and submit to the roadway agencies having jurisdiction
for approval prior to beginning work using the latest M.U.T.C.D. "Manual
on Uniform Traffic Control Devices", F.D.O.T. "Roadway and Traffic
Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan"
latest active editions.
1.03 RELATED WORK
E. Section I
A. Section IV
B. Section V
D. Section VI
C. Section VIII
Traffic Control Plan I F.D.O.T. Indexes
Grading
Planting Soil Preparation
Irrigation
Sodding
1.04 SITE INSPECTION
A. The Contractor shall visit the site and acquaint himself with all existing
conditions and constraints. The Contractor shall be responsible for his
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own subsurface investigations, as necessary, to satisfy requirements of
this Section. All subsurface investigations shall be performed only under
time schedules and arrangements approved in advance by the Owner or
Owner's Representative.
1.05 QUALITY ASSURANCE
A. Inspection
1. Furnish nursery grown plant materials inspected by State Department
of Agriculture at
the growing site and tagged or otherwise approved for delivery by
Landscape Architect.
2. Inspection at growing site does not preclude right of rejection at project
site.
B. Furnish plant materials certified by State Department of Agriculture to be
free from harmful insects or apparent disease. Submit verification that all
plant material is free of harmful insects and disease.
C. All plant material shall meet or exceed the minimum grade of Florida NO.1
in accordance with "Grades and Standards for Nursery Plants" Parts I & II,
latest volumes published by the State of Florida Department of Agriculture
and Consumer Services.
D. Plant Material shall be shade or sun grown, and/or acclimatized
depending on planting location in the plans.
E. All landscape construction work shall be installed by qualified personnel or
a qualified landscape construction subcontracting company that has
experience in landscape construction of similar size and scope, as is
indicated for this project. The Contractor shall submit for the Owner's
review and approval resumes of all superintendents and foremen
designated to perform the work, and a list of five (5) projects with
references with which he or she was involved. Those projects must be of
similar size and scope of work as this project. If the Contractor elects to
use a subcontractor for this portion of the work, the subcontractor shall
have been in operation for a minimum of five (5) years, licensed to
work in the State of Florida, and supply to the Owner all the above stated
criteria. The Owner reserves the right to accept or reject the proposed
subcontractor or its designated personnel, in whole or in part, based on
the information provided above, and in accordance with the terms and
conditions of the Contract Documents.
1.06 SUBMITTALS
A. Certificate of inspection of plant material by State Authorities.
..... .".,1
.)) ..~q...
-"" ,~..
B. Test Reports: Analysis of samples from planting soil supply areas (i.e.,
signed original copy by testing laboratory only). If Contractor elects to
divide the project area into incremental substantial completion areas, soil
samples and test reports shall be required for each increment 14 days
prior to beginning each increment.
C. Maintenance Instruction: Prior to the end of the maintenance period,
furnish three copies of written maintenance instructions to the Owner's
Representative and Landscape Architect for maintenance and care of
installed plants throughout their full growing season.
D. Grower's Certification: Requirements for root pruning and holding B&B
stock at the nursery.
E. Plant Samples: Three plants of each shrub, groundcover, or vine 7 gallon
or less, as specified for approval by the Landscape Architect, and to be
used as representative size, specification, and plant type for all plant
materials to be installed. Any plant material that does not conform to the
plans, specifications, or approved plant samples, shall be rejected.
F. Plant Photographs: Contractor shall provide representative photographs
of all plant material specified over 7 gallon in size, with a measuring rod
included in photograph. At contractor's option, contractor may elect to
coordinate with Owner's Representative and Landscape Architect one
tagging trip to cover all larger plant materials at contractor's cost.
G. Proiect Schedule: Provide five (5) copies of a comprehensive project
schedule, indicating contractors proposed work and installation schedule.
Schedule shall include breakdown for site preparation and grading,
irrigation, trees/palms, shrubs, groundcovers, sod/seed, and final clean
up. Contractor shall also include project "milestones" for designated
project areas within the total project area as required, including substantial
completion dates.
H. All certificates, reports, and samples shall be submitted by the Contractor
to the Landscape Architect a minimum of one week prior to the installation of any
of the materials. Contractor shall not begin work until all submittals have been
verified by the Landscape Architect. Submittals required, but not limited to the
following:
1. Existing soil analysis and sample.
2. Prepared soil analysis and sample.
3. Mulch sample (Eucalyptus mulch, Grade AL-shredded
required).
4. Erosion control fabric sample as required.
5. Pre-and post-emergent herbicide.
6. Weed eradication treatment for lawn grass.
7. Foliage spray fertilizer(s).
8. Sod certification(s).
9. Plant samples and/or photographs.
10. Drainage gravel sample.
11. List of personnel, qualifications, and schedule.
12. Guying methodologies.
13. Leaf antidessicent spray.
14. Maintenance manual.
15. Soil Separator sample and product sheet.
16. Sand fraction analysis.
17. Fertilizer(s).
18. Plant supplier certifications.
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1.07 DELlVERY,STORAGE AND HANDLING
A. Inventory: Verify that plant species, quantity, and quality of plants in
Owner's nursery and/or
holding area matches that on plant list and drawings. .
B. Preparation for delivery:
1. Prune head and/or roots of all trees only under direction of Landscape
Architect, and as
required to assure safe loading, shipment and handling without
damaging the natural
form and health of the plant.
2. Balled and Burlaped (B&B) plants
a. Dig and prepare for shipment in manner that will not damage roots,
branches, shape,
and future development after replanting.
b. Ball with firm, natural balls of soil, per "Florida Grades and
Standards for Nursery
Plants".
c. Wrap ball firmly with burlap or strong cloth and tie: ANSI Z60.1.
C. Delivery
1. Deliver soil conditioners (pesticides, herbicides, fumigants, and fertilizers) to
site in original unopened containers bearing manufacturer's guaranteed chemical
analysis, name, trademark, and conformance to state law. Store in designated
areas only.
2. Deliver planting soil mixes and mulch in bulk with manufacturer's
guaranteed mix, name, and conformance to State law. Store in designated
areas only.
3. Deliver plants with legible identification labels.
a. Label trees, evergreens, containers of like shrubs, or groundcover
plants.
b. State correct plant name and size indicated on Plant List.
C. Use durable waterproof labels with water-resistant ink, which will
remain legible for at least 60 days.
4. Protect all plant materials during transport/delivery with shade cloth or
other acceptable means to prevent wind burn.
5. Protect all plant material during delivery to prevent damage or desiccation
to root ball or desiccation of crown and leaves.
6. Mist periodically each day all tree/palms root balls and crowns/tops during
delivery, handling, and storing on site to ensure against drying.
7. Notify Landscape Architect and Owner of delivery schedule in advance so
plant material may be inspected upon arrival at job site.
8. Remove unacceptable plant material immediately from job site.
E. Storage
1. Balled and burlaped plant stock: Deliver from nursery and shall be dug
with a firm, natural ball of soil of sufficient size to encompass the fibrous
and feeding roots of the plant. No plants moved with a ball shall be
planted if the ball is cracked or broken.
2. Bare root plant material: Deliver direct from supplier.
3. Protect roots of all plant material from drying or other possible injury with
shade-cloths, tarps, or other means. Keep plant root ball and crown moist at
all times.
4. Store plants in shade and protect from weather. Heel in trees in a vertical
position as required. Irrigate all stored plants as required.
5. Maintain and protect plant material not to be planted within four hours.
Plant palms upon delivery.
D. Handling
1. Do not drop plants.
1685
2. Do not pick up container or balled plants by stems or trunks.
3. Do not use chains or cables on any trees or palms. Handle using nylon
straps, 2" width minimum.
1.08 JOB CONDITIONS
A. Plantinq Season: Perform actual planting only when weather and soil
conditions are suitable, in accordance with locally accepted practice.
B. Locate all underground utilities and other non-readily visible structures
prior to digging. Landscape Contractor shall repair all damage to
underground utilities, and/or construction caused by utility damage, at no
cost to the Owner.
C. Verify that all existing trees to remain are properly identified and
barricaded to prevent damage under this and future construction.
Landscape Contractor shall be responsible for maintaining adequate
identification and barricading of all existing plant material to remain
throughout the installation and required maintenance period.
1.09 GUARANTEE
A. Guarantee all shrub and groundcover, trees, and palms plant material for
a period of 12 months after date of Final Completion. replacement
plants under this guarantee shall be replaced within (2) two weeks of
rejection, and guaranteed for (12) twelve months from date of installation.
B. Repair damage to other plants, lawn or construction work during plant
replacement at no cost to the Owner (this includes, but is not limited to,
damage to curbs, walks, roads, fences, site furnishings, etc.).
1.10 SCHEDULING
A. Coordinate work and installation as required with other contractors within
the project area that may be in progress as required.
B. Install trees, shrubs, and ground cover before lawns are installed.
C. Notify Landscape Architect of anticipated installation date at least (2) two
weeks in advance.
1]1
PART 2 - PRODUCTS
2.01 PLANT MATERIAL
A. Well-formed and shaped, true to type, and free from disease, insects, and
defects such as knots, sun-scald, windburn, injuries, abrasion or
disfigurement.
B. True to botanical and common name and variety: American Joint
Committee on Horticultural Nomenclature, Standardized Plant Names,
latest edition.
C. Minimum grade of Florida NO.1 in accordance with "Grades and Standards
for Nursery Plants" latest Volumes, published by the State of Florida
Department of Agriculture. All plants not listed in "Grades and Standards
for Nursery Plants", published by the Division of Plant Industry, shall
conform to a minimum grade of Florida NO.1 as to:
1. Health and vitality
2. Condition of foliage
3. Root system
4. Freedom from pests or mechanical damage
5. Heavily branched and densely foliated according to the
accepted normal shape
6. Freedom of low and/or tight "V" shaped crotches.
D. Nursery Grown: ANSI Z60.1-1969
1. Grown under climatic conditions similar to those in locality of project.
2. Container grown stock:
a. Growing in container for minImum 30 days before delivery, with
sufficient root system for container size.
b. Not root-bound or with root systems hardened off.
3. Use only ground cover plants well-established in removable containers,
integral containers, or formed homogenous soil sections.
4. Trees shall be nursery/tree farm grown. Collected and Grow Bag trees
will not be accepted unless previously done in writing from the project
Landscape Architect.
E. Minimum root ball sizes for all palms shall be as delineated within "Grades
and Standards for Nursery Plants, Part II, Palms and Trees", latest
volumes, published by the State of Florida Department of Agriculture.
F. Materials should be installed at their specified size and heights.
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2.02 PLANTING SOIL
A. Planting soil mixture for backfill around trees, palms, shrubs, and
ground cover shall be
as specified in Section V - Planting Soil Preparation.
2.03 SOIL CONDITIONERS
A. Soil conditioners shall be as specified in Section V - Planting Soil
Preparation.
1. Apply foliage sprays with a wetting agent.
B. It shall be the responsibility of the contractor to supply and transport water
to all landscape areas during construction until the irrigation system is
installed.
2.04 MULCH
A. Eucalyptus mulch, Grade AL shredded, loose, substantially free of mineral
waste materials, and sterilized.
B. Processed specifically for use as mulch around plant beds.
2.05 GUYING AND STAKING MATERIAL
A. Stakes for Palm tree support:
1. Construction grade lumber, pressure treated pine.
2. Vertical Stakes: Nominal 2" x 4" X 8' long pressure treated pine and
pointed at one end.
3. Braces for Palm Trees: Nominal 2" x 4" x 8'long pressure treated pine.
4. See detail sheets for staking requirements for palms.
B. Guving Wires: Annealed, galvanized iron or galvanized steel 10 gauge
wire. Wire shall be flagged with white surveyor tape minimum 2 per guy
wire, (one flag near ground level, and one flag near the middle of the
length of wire, above turnbuckle, if used), or approved equal.
C. Hose
1. Type: New }t2" diameter 2-ply reinforced black rubber or plastic hose.
2. Minimum length: 6 inches.
D. Turnbuckles
1. Turnbuckles are required. Landscape Contractor shall be responsible
for keeping taut all guyed plant material, and for keeping flagging in place.
One turnbuckle per guy wire is required.
2. Guying to be tightened as needed, but always within one day of when
found necessary.
2.06 SLOPE STABILIZATION
A. Landscape contractor shall be responsible to stabilize grades by approved
methods where necessary.
B. Contractor shall stabilize all sloped areas grater than 2.5 to 1 and areas
found to be required to reduce surface erosion by the Owner's
Representative with erosion control fabric. Contractor shall install erosion
control fabric according to the manufacturer's instructions.
2:.07 SOIL SEPERATOR
A. Soil separator material or drainage cloth shall be used where specified
within the plans or details.
B. The soil separator in landscape shall consist of a sheet of structure
composed entirely of preferentially oriented isotactic polypropylene
continuous filaments thermally bounded mostly at the crossover points
and weighing 4.0 + 0.3 oz./yd.
1. "Typar" style 3341, by Dupont or approved equal. Available through
Reemay, Inc.
(Phone 1-800-321-6271), and sold through Exxon, Inc. (Phone 1-800-
543-9966).
2. Technical Date
Weight 4.0 oz./yd. ASTM D1910-64 (1975)
Thickness 15 mils ASTM D1777-64 (1975)
Grab Tensile 135 Ibs. ASTM D1682-64 (1975)
Elongation to Bcab 62% ASTM D1682-64 (1976)
Trapezoidal Tear 74 Ibs. ASTM D2263-68
Puncture Strength 50 Ibs. ASTM D751-73
Mullen Burst 200 psi ASTM D774-46
Abrasion resistance 421bs. ASTM 01175-71
Specific Gravity .95
Equivalent Opening 70 to 100 U.S. Corps of Eng. ASTM size
(EOS) std.
Sieve D422-63 (1972)
Flux 230 gal./ftImin. EURM-100
Coefficient of H 0 2x10 cm/sec. EURM-100
1.685
3. Soil separator installation
- a. Roll, size and overlap as required as indicated, and complete
installation as per manufacturers standard printed specifications,
inspections and recommendations.
b. Contractor shall be responsible for securing top edges of soil
separator by an approved method.
2.08 DRAINAGE GRAVEL
A. Gravel shall be River gravel and shall be of graduated sizes.
B. River gravel shall be no smaller than three quarter inch (3/4"), nor
larger than one and one half (1 %") in any direction.
C. Gravel shall be installed as shown on drawings, or to a minimum of 4"
depth.
D. Gravel shall be washed clean and contain no chemical elements
harmful to plant growth.
E. Drainage gravel shall be provided and installed in the bottom of
tree/palm planting pits where percolation may not be adequate (see
Part 3.03 "Preparation" within this section).
PART 3 - EXECUTION
3.01 INSPECTION
A. Verify that final grades and drainage have been established prior to the
beginning of the planting operation.
B. Inspect trees, shrubs, and ground cover plants for injury, insect
infestation, and trees and shrubs for improper pruning.
~,-:;_.~. .-":':-'
C. Do not begin planting of trees until deficiencies are corrected, or plants
replaced.
3.02 LOCA TION/ST AKING
A. Stake out locations for plants and outline of planting beds on ground.
B. Do not begin excavation until stake out of plant locations and plant
beds are acceptable to the Landscape Architect.
C. The location of all plant materials shall be field staked prior to
installation for Landscape Architect's approval.
3.03 PREPARATION
A. Plant Pits
1. Shape
a. Vertical sides and flat bottom. Tree/palm pits shall have
mounded bottoms to improve drainage as detailed.
b. Plant pits to be square or circular.
2. Size
a. Trees and Palms
(1) Depth: Minimum 2 ft. from finish grade and increased as
necessary to accommodate planting ball or drainage.
(2) Width or diameter: 2 ft. greater than diameter of planting
ball (unless otherwise approved by Landscape Architect for special
planting areas).
b. For Shrubs and Groundcovers
(1) Depth:
(a) 2 and 3-gallon plant material shall receive a minimum of
2" of planting soil mixture beneath the root ball.
(b) Plant materials sized 1 gallon or less, and/or materials
planted 24" a.c. or less shall receive a full 8" of amended
planting soil mix tilled to a minimum depth of 12":. Note: All
annual beds shall receive a full 8" of amended planting soil
mix. Excess excavated soil may be evenly spread on site at
the direction of the Owner's Representative.
(c) For plants not requiring soil mix, the entire bed shall
be tilled by mechanical means to a depth of 12".
(2) Width or Diameter
(a) All 2 or 3-gallon material shall be placed within a
minimum 18"dia. planting hole, and backfilled with the
specified planting mix.
16 f15
(b) All plant material sized 1 gallon or less, or material
planted 24" O.C. or less shall receive complete bed
amending,. That isexcavation of existing soil to a minimum
of 8 inches (Note: 8" for all annual beds) below finished soil
elevation, backfilling with specified planting soil mix, and
then tilling with all required amendments to a depth of not
less than 12 inches. All areas to be amended in such a
manner shall be highlighted on contractor's record drawings.
Excess excavated soil may be evenly spread on site at the
direction of the Owner's Representative
(3) Bring all beds and pits to smooth, even surface
conforming to established grades after full settlement has
occurred. NOTE: Amending of, and quantities of planting
soil mixes as outlined above contingent with existing soil
conditions.
B. Disposal of Excess Soil:
1. Use acceptable excess excavated topsoil to form watering berms
around the plants.
2. Dispose of additional excess soil at direction of Owner's
Representative.
3. Dispose of unacceptable or unused excess soil in designated
staging area as directed by the Owner's Representative.
4. All spoilage shall be deposited, spread and fine graded to a
maximum 2" layer as directed by the Owner's Representative.
C. Planting Beds:
1. For planting beds backfill with 8" of specified and amended planting
soil mixture to meet required finished grade.
2. Bring all beds to smooth, even surface conforming to established
grades after full settlement has occurred.
D. Test fill all tree pits with water before planting to assure that proper
drainage and percolation is available. Pits which are not adequately
draining shall be excavated to a depth sufficient for additional
drainage and backfilling with graveL, No allowances will be made for
lost plants due to improper drainage. Landscape Contractor shall
replace with same species size and specification at no cost to Owner.
3.04 PLANTING
A. General
1.
2.
3.
I,'
4.
5.
Center plant in pit.
Face for best effect, or as directed by Landscape Architect.
Set plant plumb and hold rigidly in position until soil has
been tamped firmly around planting ball.
Use only planting soil backfill as specified in Section V.
Place sufficient planting soil under plant to bring top of
planting ball to finish grade (top of tree/palm root balls shall
not be set below finished grade).
Backfill pit or trench with planting soil in 9-inch layers. Water
each layer thoroughly to settle soil and work soil completely
around roots and planting ball.
After soil settles, fill pit with planting soil and water. Leave pit
surface even with finish grade.
Plant all shrubs and ground covers per specifications and
details and maintain a 36" offset from back of curb, walks,
and/or paving.
6.
7.
8.
9.
Topsoil berm:
a. Construct a topsoil berm 6 inches above finish grade,
forming a watering saucer with a level bottom around
each palm or tree.
b. Size: 2 feet greater diameter than the diameter of
root ball. Maintain 4 foot diameter mulch circle or to
the outside of the water saucer around all trees in sod
areas.
C. Leave saucer for 3 months, or as directed by Owner's
Representative. At the end of 90-day warranty
maintenance period, re-grade area and re-mulch
planting circle (or planting bed) for all plantings.
Remove excess from basin and clean area. Replace
any damaged plant material or sod at no cost to
Owner.
B. Balled plants (B&B)
1. Place in pit on planting soil backfill material/drainage gravel
that has been hand-tamped prior to placing plant.
2. Place with burlap intact, so location of ground line at top of
ball is same as at nursery where grown.
3. Remove binding at top 1'2 of planting ball and lay top of
burlap back 6 inches. For wire balled trees, remove wire
from the top 1/3 of the ball (12" minimum) after the tree has
been stabilized by partially backfilling the planting pit.
4. Do not pull wrapping from under the planting ball.
1685
5. Do not plant if planting ball is cracked, broken, or showing
evidence of voids before or during planting process.
Replace with plant of same species, size, and specification
at no cost to Owner.
C. Container-grown plants
1. Container removal
a. Do not injure planting ball.
b. Do not cut cans with spade or ax.
c. Do not cut sides on knockout cans.
d. Carefully remove plants without injury or damage to
planting ball.
e After removing plant, superficially cut edge roots with
knife on three sides.
Note: Root-bound plants shall not be accepted.
2. Dig and prepare planting beds according to drawings and as
specified herein.
3. Hand place plants which are in containers less than one
gallon in size.
4. Hand backfill and hand tamp, leaving slight depression
around bases of plants.
5. Do not cover top of root ball set plants % inch above
adjacent finished grade.
6. Thoroughly each plant for settlement and replace required
planting soil.
3.05 FERTILIZER APPLICATIONS
A. Apply granular fertilizer at time of planting and repeat three months
from first application. Schedule time of fertilization with Owner or
Landscape Architect to verify compliance of fertilization of plant
materials.
B. Apply granular fertilizer at following rates to planting bed and
saucer areas around each tree, palm and shrub.
1.
Trees:
a. Caliper 4 inch and larger: 1 pounds per inch of caliper
(i.e. 4" caliper equals 4 Ibs. of fertilizer).
b. Caliper 4 inch and less: 1 pounds per inch of caliper
(i.e. 2" caliper equals 2 Ibs. of fertilizer.
Shrubs: 7 gallon or greater 1 lb. per 3' ht. of plant
5 gallon to 3-gallon % Ib per plant
1 gallon or less X lb. per plant
Ground Cover Plants: 1 gallon or less % lb. per plant
Palms: 1 pound per inch of caliper.
2.
3.
4.
.~ ,., '"
C. Broadcast under foliage canopy and incorporate into soil.
D. Water immediately until root structure of plant is wet. Assure
protection from fertilizer burn.
E. Apply foliage nutrient spray to all Palm species at time of planting
and repeat three (3) months from first application. Do not apply
foliage sprays in summer months (i.e. June through August).
Schedule fertilization with Landscape Architect. Drench palm
leaves with foliage nutrient spray at the manufacturer's
recommended rate to all palm species.
F. Trees, Palms, Shrubs and Ground Covers shall also be fertilized
with 21 gram Agriform tables per manufacturer's application rates.
3.06 WEED AND INSECT CONTROL
A. Seven days prior to planting apply post-emergent herbicide,
"Roundup" or equal as manufactured by Monsanto Corp. or
approved equal, per manufacturer's rate and method of application
to all landscape bed areas as necessary.
B. Provide viable application of pre-emergent herbicide "Surflan" in
accordance with manufacturers recommendations before mulching,
and again as necessary throughout required maintenance period to
prevent weed seed germination.
1. Contractor shall schedule application with Owner or Owner's
Representative to verify compliance with specifications.
C. The Landscape Contractor shall verify that the herbicide and
application technique will not damage plant material prior to
application, and shall replace, and/or repair damage to any plant
injured by herbicide application at no cost to the Owner.
D. Provide written certification that all plant materials including palms
have been specifically treated for insect control.
3.07 MULCHING
A. Top mulch planting pits, trenches, and areas within two days after
planting.
B. Cover watering basin or bed evenly with 4 inches uncompacted
depth of mulch material.
3.08
1685
c.
Water thoroughly immediately after mulching.
D.
Match mulch elevation at plant bed/sod line.
E.
Hose down planting area with fine spray to wash leaves of plants
twice a week, or as required.
F.
Exclude mulch from annual beds.
GUYING AND STAKING OF TREES
A.
Guy trees as shown on the drawings, except where they are
planted in special locations where guying is not feasible.
1. Stake installation
a. Install stakes perpendicularly, 2 feet into ground at
edge of root ball. Do not install stake through soil
separator or drainage gravel if present. Do not install
stakes through root ball. Install stakes or guying within
the tree or palm mulch area.
b. Number of stakes as shown.
B. Stake palm trees as shown. Contractor shall not deepen the burial
of any palms for stabilization in lieu of staking. The clear trunk
height shall be required as specified on plans after installation. The
Contractor shall be responsible for and guarantee the installation
against toppling, and be responsible for any and all damage
incurred by toppling over of palms.
C. Contractor shall leave all guying and staking in place and maintain
in good repair. Ensure no guys or stakes occur in grassed areas.
3.09 PRUNING
A. Prune minimum necessary to remove injured twigs and branches,
deadwood, and suckers. Pruning shall be done with regard to
natural form of plant material, or as directed by the Landscape
Architect.
1. Prune trees and shrubs prior to delivery to site only under
direction of Landscape Architect.
(Note: Pruning is required for collected palms and trees per
"Grades and Standards for Nursery Plants Part II, Palms and
Trees, latest volumes.
B. Pruning cuts shall be monitored to ensure proper healing and to prevent
insect/disease infestation.
C. Landscape Contractor shall perform all specialized shearing and/or
pruning as directed by the Landscape Architect, as shown on the drawings,
at no additional cost to the Owner.
3.10 MAINTENANCE
A. Begin daily maintenance immediately after each item is planted.
Continue until the final completion. The Owner's responsibility for
landscape maintenance shall commence on the date each
designated portion of the project is turned over to the Owner by
acceptance.
B. Maintain a healthy growing condition by pruning, watering,
cultivating, weeding, mowing, mulching, tightening and repairing of
guys, resetting plants to proper grades or upright position,
restoration of plant saucer, and furnishing and applying such sprays
as necessary to keep planting free of insects and diseases.
C. The root system of plants shall be watered by the Contractor as
often as conditions require at such intervals as will keep the
surrounding soil in best condition for promotion of root growth and
plant life. Supplemental hand watering, above the irrigation system
watering, is the responsibility of the Contractor until all plant
materials are well established.
D. Keep planting saucers and beds free of weeds, grass, and other
undesired vegetation growth. All areas must be 98% weed free
upon final acceptance by Owner.
E. Protect planting areas and plants against trespassing and damage
of any kind for the duration of the maintenance period.
F. Inspect plants at least once a week and perform maintenance
promptly. Replace impaired or dead plants promptly. Do not wait
until near the end of the guarantee period to make replacements of
plants, which have become unacceptable.
G. Remove soil ridges from around watering basins as directed by the
Landscape Architect/Owner's Representative.
H. Water when soil moisture is below optimum level for best plant
growth. Coordinate and adjust timing of irrigation system with
1685
irrigation contractor as plant materials establish. Contractor shall
note that the irrigation system is not designed to accommodate
establishment of trees and palms. It is the Contractor's
responsibility to provide additional water as may be required above
what is supplied by the irrigation system until all trees and palms
are well established.
I. Contractor shall be responsible to protect all cold sensitive
approved plant materials stored or planted on-site by approved
methods from cold or freeze damage as may be required.
Contractor shall use approved horticultural practices typical for the
South Florida area, and shall submit intended methods, schedules
and plans of protection with required submittals for review and
approval. In the event the Owner or Landscape Architect verifies
that the materials protected by the Contractor are damaged during
a cold period or freeze, the damaged materials shall be replaced
(or not) by the Owner, or at additional cost to the Owner. The
Contractor shall use reasonable measures to protect all cold
sensitive plant materials.
3.11 CLEANING
A. Fill all pits/depressions in holding area, and rough grade to meet
surrounding elevations. Remove any organic or other debris
resulting from the plant relocation process.
B. Sweep and wash all paved surfaces.
C. Remove planting debris from project site and holding area.
D. Remove soil conditioners, soil mixes, gravel, etc. from project site
and holding area.
3.12 SUBSTANTIAL COMPLETION, OBSERVATION AND ACCEPTANCE
A. Observation of the entire project, or designated portions thereof,
shall be made upon written request of the Contractor. At that time,
if all work is satisfactory and complete according to the conditions
of the Contract, the Landscape Architect shall declare the work
substantially complete.
B. Contractor's written request for review of the complete work shall
be received by the Landscape Architect at least five (5) days before
anticipated date of observation.
. -t.
~~ 1
C. Plants that have died or are in unhealthy or badly impaired
condition on observation shall be treated or replaced immediately at
no additional cost to Owner.
Do Replace rejected plants within two (2) weeks of observation or as
indicated in the project time line schedule.
E. Final completion acceptance of the work for the entire project, or
designated portions thereof, shall constitute the beginning of
guarantee period.
F. . Contractor's responsibility for maintenance (exclusive of
replacement within guarantee period) shall be in according to the
conditions of the contract. Substantial completion will be given by
the Landscape Architect and the Owner's Representative, provided
the Contractor has supplied the Landscape Architect with three (3)
copies of written maintenance instructions as required under
Paragraph 1.06 of this section. A complete maintenance manual
shall contain information in sections of the following:
1. Weed Control
a. Shrub areas
b. Turf
2. Pest/Insect Control
a. Trees
b. Palm
c. Shrubs
d. Turf
3. Fertilization
a. Schedules
b. Trees
c. Palms
d. Shrubs
e. Products/amounts or application rates
f. Soil Testing
g. Turf
4. Mulching Requirements
5. Trees, palms, and Shrubs
a. PruninglTrimming
b. Watering Requirements
c. Soil Testing
d. Specifics for each type specified
16B5
END OF SECTION VII
- SODDING
PART 1 -GENERAL
L~ "-.'-' D.J
1.01 RELATED DOCUMENTS
A. All applicable provisions of the Bidding and Contract Requirements, and
General Requirements shall govern the work under this section.
B. Collier County Landscape Beautification Master Plan, RO.W. Ordinance
C. F.D.O.T. Florida Highway Landscape Guide, latest edition.
D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest
edition.
E. Project Reference:
F. Applicable sections of the Collier County Land Development Code,
Landscape and Irrigation Sections and the Collier County D.O.T.
Roadway and Traffic Design Standards.
G. South Florida Water Management Xeriscape Plant Guide II and State of
Florida Division of Plant Industry Grades and Standards for Nursery
Plants, latest volumes.
1.02 WORK INCLUDED
A.
Provide all labor, materials, necessary equipment and services to
complete the sodding work, as indicated on the drawings, as
specified herein, or both, including the replacement of any sod
damaged from and adjacent to construction work, with sod of
identical genus, species, and variety.
B.
Provide maintenance of traffic plans for automobile and pedestrian
traffic within the project. Submit plans to the roadway agencies
having jurisdiction for approval, prior to beginning work, using the
latest MUTCD, F.D.O.T. Roadway and Traffic Design Standards,
and the F.D.O.T. Florida Pedestrian Safety Plan.
1.03
RELATED WORK
A. Section I Traffic Control Plan I F.D.O.T. Indexes
B. Section IV Grading
C. Section V Planting Soil Preparation
D. Section VI Irrigation
E. Section VII Plant Material and Installation
1.04 QUALITY ASSURANCE
A. Standards
1685
1. Florida Turf Producers Association, all sod shall be Florida
Standard Grade.
2. Federal Specifications (FS) O-F-241c (1), Fertilizers, Mixes,
Commercial.
B. Testing Agency: Independent Testing Laboratory.
C. ReQuirements of Regulatory Agencies: Conform to the
requirements of the State Department of Agriculture.
1.05 SUBMITTALS
A. Certificates and Guarantee
1. Growers Certification and Guarantee
a. All sod shall be Florida Standard Grade sod as
defined by the "Florida Turf Producers Association"
which is true to botanical variety and 98% free of
weeds and foreign grasses.
b. Florida Standard Grade may have no visible broad leaf
weeds when viewed from a standing position, and the
turf shall be visibly consistent with no obvious patches
of foreign grasses. In no case may the total amount
of foreign grasses or weeds exceed 2% of the total
canopy. The sod shall be neatly mowed and be
mature enough that when grasped at one end, it can
be picked up and handled without damage.
c. Grass species and variety, with date and location of
field from which sod is cut.
d. One certificate per truckload is required.
e. Compliance with state and federal quarantine
restrictions, if applicable.
2. Manufacturer's certification of fertilizer and herbicide
composition.
3. Contractor shall submit all certifications, reports, etc., to the
Landscape Architect a minimum of one week prior to
installation.
B. Maintenance Instruction: Prior to the end of the maintenance
period; furnish three copies of written maintenance instructions to
the Owner's Representative and Landscape Architect for
maintenance and care of all sodding throughout the full growing
season.
1.06 DELIVERY, STORAGE AND HANDLING
A. Deliver sod on pallets.
B. Protect root system from exposure to wind or sun.,
C. Protect sod against dehydration, contamination, and heating during
transportation and delivery.
D. Do not deliver more sod than can be installed within 24 hours.
E. Keep stored sod moist and under shade, or covered with moistened
burlap.
F. Do not pile sod more than 2 feet deep.
G. Do not tear, stretch, or drop sod.
1.07 JOB CONDITIONS
A. Begin installation of sod after preceding related work is accepted.
B. Environmental Requirements:
1. Install sod during months acceptable to the Landscape
Architect or Owner's Representative.
2. Do not install sod on saturated soil.
C.
Protection: Erect signs and barriers against vehicular traffic.
1.08
GUARANTEE
A.
Guarantee sod for period of twelve (12) months after date of Final
Completion.
B.
Replacement sod under this guarantee shall be guaranteed for
twelve (12) months from the date of installation.
C.
Repair damage to other plants during sod replacement at no cost to
the Owner.
PART 2 - PRODUCTS
2.01 SOD
A. Grass Species
1685
1. Stenotaphrum secundatum "Floratam", St. Augustine
"Floratam" Grass - 50% sand grown.
2. American Sod Producers Association (ASPA) Grade:
Nursery Grown or Approved. Field grown sod is not
acceptable.
3. Florida Turf Producers Association: Florida Standard Grade
4. Bahia Sod, Paspalum notatum may be used in temporary,
non-irrigated construction areas and along rights-of-way
grass strips.
B. All St. Augustine sod shall conform to the following requirements:
1. Furnish in pads that are not stretched, broken, or torn.
2. Size: Sod pads shall be 18x24 inches in size (plus or minus
5%) with a 1 % inch thickness (excluding top growth and
thatch).
3. Sod shall be uniformly 2" in height.
4. Thatch: Maximum 1'2 inch uncompressed.
5. Inspected and found free of diseases, nematodes, pests, fire
ants, and pest larvae by entomologist of State Department
of Agriculture.
6. Weeds: Free of horse grass, nut grass, or other
objectionable weeds or weed seeds.
7. Uniform in color, leaf texture, and density.
2.02 WATER
A. Potable water free of substances harmful to plant growth,
objectionable odor, or staining agents.
2.03 FERTILIZER
A. FS O-F-241 c (1), Grade A or B.
B. The Chemical designation for granular fertilizer shall be 15-5-15,
with at least 50 percent (50%) of the nitrogen from a non-water
soluble organic source for all plantings.
C. Apply and distribute by methods and rates as recommended by
manufacturer.
2.04 HERBICIDES
A. As recommended by the State Department of Agriculture.
fn //
j' I
,:', "-
2.05 STAKES
A. Softwood, % inch diameter, 8 inch length as required.
PART 3 - EXECUTION
3.01 INSPECTION
3.02
A.
Disk, till, and/or scarify existing soil to depth of four inches (4") in
all areas to be sodded, to produce a loose, friable soil conducive to
exceptional sod growth.
B.
Water dry soil to depth of 6 inches, 48 hours before sodding.
INSTALLATION
A.
Transplant sod within 48 hours after harvesting.
B.
Repair all existing lawn areas disturbed by installation of irrigation
and/or plantings which will not be sodded with new sod.
C.
Begin sodding at bottom of slopes.
D.
Lay first row of sod in straight line with long dimension of pads
parallel to slope contours.
E.
Butt side and end joints. Ensure that joints are tight, thereby
eliminating the need to patch and/or top dress to eliminate gaps.
Top dress all joints with sand only where gaps occur and can not
be set with tight butt joints.
F.
Stagger end joints in adjacent rows.
G.
Do not stretch or overlap rows.
H.
Peg sod on slopes greater than 1 in 3 with minimum of two stakes
per square yard.
I.
Water sod immediately after transplanting. (See 3.03)
J.
Roll sod, except on pegged areas, with roller weighing no more
than 150 Ibs. per foot of roller width. Schedule rolling of sod to
ensure observation by Owner and/or Landscape Architect.
K.
Water sod and soil to depth of 6 inches within four hours after
rolling.
3.03
3.04
A.
B.
16,85
TURF ESTABLISHMENT
A.
Watering
1. Keep sod moist during first week after planting watering
twice daily. .
2. After first week, supplement rainfall to produce a total of 2
inches per week.
3. It is the contractors' responsibility to water all turf areas.
B: Mowing
1. Maintain St. Augustine grass as required until final
acceptance between 3 inches and 3.5 inches in height.
When grass reaches 4 inches in height, mow to 3 inches in
height.
2. Do not cut off more than 50% of grass leaf in single mowing.
3. Mow with mulching type mowers.
c.
Resod spots larger than 1/2 square foot not having uniform stand of
grass.
D.
Weed Eradication: If required between second and third mowing,
apply herbicide specifically Recommended for grass type uniformly
at manufacturer's recommended rate.
E.
Fertilizer: Apply fertilizer uniformly at manufacturer's
recommended rate 14 days after sodding and at three-month
intervals thereafter. Thoroughly water in to avoid "burning" or
damaging grass.
F.
The contractor shall maintain the sod areas for 90 days after
installation, and prior to final completion, insuring the watering for
lawn establishment and the mowing procedures as noted above are
maintained during this period. Establishment period and
maintenance of sod areas shall extend until final acceptance by the
Owner according to the conditions of the Contract.
CLEANING
Immediately clean spills from paved and finished surface areas.
Remove debris and excess materials from project site.
3
~ ~
C. Dispose of protective barricades and warning signs at termination of turf
establishment.
3.05 SUBSTANTIAL COMPLETION. INSPECTION AND ACCEPTANCE
A. Inspection of the entire project, or designated portion thereof, shall
be made upon written request of Contractor. At that time, if all work
is satisfactory and complete according to the conditions of the
Contract, the Landscape Architect shall declare the work
substantially complete.
B. Contractor's written request for review of the complete work shall
be received by Landscape Architect at least five (5) days before
anticipated date of inspection.
C. Sod that has died, or is in unhealthy or badly impaired condition on
inspection, shall be treated or replaced within 14 days at no
additional cost to Owner.
D. Replace or repair rejected sod within two weeks of inspection.
E. Final completion of the work for the entire project, or designated
portions thereof, shall constitute the beginning of guarantee period.
F. Contractor's responsibility for maintenance (exclusive of
replacement within guarantee period) shall terminate on date the
entire project, or designated portion thereof, is declared to be
substantially complete by the Landscape Architect according to the
conditions of the Contract; provided Contractor has supplied
Landscape Architect with three (3) copies of written maintenance
instructions as required under Paragraph 1.05 of this section.
END OF SECTION VIII
1685
SECTION IX MAINTENANCE DURING CONSTRUCTION
PART 1
GENERAL
These specifications are intended to provide the information by which the
contractor may understand the minimum requirements of Collier County
relative furnishing and delivering Grounds Maintenance for the road rights-
of-way and medians within the project areas.
1.01 RELATED DOCUMENTS
A. All applicable provisions of the Bidding and Contract Requirements, and
General Requirements shall govern the work under this section.
B. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest
ed ition.
F.D.O.T. Roadway and Traffic Design Standards, latest edition, Index 600
Series.
C. Project Reference:
D. Applicable sections of the Collier County Land Development Code,
Landscape and Irrigation Sections and the Collier County D.O.T.
Roadway and Traffic Design Standards.
1.02 GENERAL NOTES
A. Lane closure will not be permitted on holidays defined in the Current
Edition of F.D.O.T. "Standard Specifications for Road and Bridge
Construction".
B. The contractor shall maintain two-lane operation after working hours. All
hazards will be removed as per applicable F.D.O.T. Indexes No. 600 - 660
before daily operations are complete.
C. On-site work hours will be restricted to daylight hours and lane closures
are restricted between the hours of 9:30 a.m. and 3:30 p.m. weekdays.
D. This plan is a guide for the contractor. Coordination with the Naples
F.D.O.T. District Maintenance Engineer is required.
E. Emergency and unforeseen conditions may require the District Engineer
to restrict or remove lane closures. The contractor shall make the
requested adjustments, as directed by the District Engineer without delay.
1.02 RELATED DOCUMENTS
A. Construction Contract Milestone Schedule
B. Section I
C. Section VI
D. Section VII
E. Section VIII
Traffic Control Plan / F.D.O.T. Indexes
Irrigation
Plant Material and Installation
Sodding
2.0 SCOPE OF WORK
The work covered by this Contract requires a weekly servicing of the Work
Areas per all specifications and services as described in the
specifications. This requires the furnishing of all labor, equipment,
materials and services necessary to satisfactorily perform grounds
maintenance, as determined by the Contract Documents, Project Manager
or the designated Owner's Representative as follows:
2.01 LOCATION AND DESCRIPTION OF WORK AREAS
The areas of work included in these specifications are located as
described below.
The rights-of-way and median work areas of the said project.
3.0 CONTRACT STANDARDS
The following are general contract standards required by Collier County
for providing Grounds Maintenance during construction.
3.01 TRAFFIC CONTROL
At all times while performing work required by this Contract, the Contractor
shall provide and erect Traffic Control Devices and use procedures
conforming with the "F.D.O.T. Roadway and Traffic Oesiqn Standards"
Current Edition, and to other applicable Manuals or Indexes. The
Contractor will be responsible for obtaining a copy of this document and
become familiar with its requirements. Strict adherence to the
requirements of this document will be enforced under this Contract. To
assist in employee visibility; approved bright day-glow red/orange colored
safety vests shall be worn by employees when servicing the area. An
arrow board will be required under this Contract that meets F.D.O.T. traffic
control requirements.
Lane closure for median maintenance shall be limited. Upon proper
placement of lane closed signs, pre-warning signs, arrow boards, traffic
cones etc., the lane may be restricted from traffic only during non-peak
traffic periods 9:30 AM. - 3:30 P.M., Monday through Friday, and 8:00
A.M. - 5:00 P.M. Saturday and Sunday, unless otherwise approved by the
Project Manager or his designee. (Hereinafter whenever the "Project
1685
Manager" is referenced in this bId document, it shall include by reference
"or his designee").
3.02. CONTRACTOR'S EMPLOYEES
Employees of the Contractor shall be properly uniformed and provide a
neat appearance. All employees of the Contractor shall be considered to
be at all times the sole employees of the Contractor under his sole
direction and not an employee or agent of Collier County. The Contractor
shall supply competent and physically capable employees and Collier
County requires the Contractor to remove an employee it deems careless,
incompetent, insubordinate, or otherwise objectionable and whose
continued contract site services involvement is not in the best interest of
the County.
3.03 ACCIDENTS OR THEFTS
The Contractor shall be responsible each week to contact the Project
Manager to report any accidents or thefts involving or occurring within the
areas covered by this Contract. Should assistance of law enforcement,
emergency personnel or others be requested, any costs incurred shall be
included in the Contract unless otherwise approved by the Project
Manager.
3.04 RESPONSE TIMES
On a twenty-four (24) hour basis, the Contractor may be required to
travel to the site immediately to meet with the Contract Manager, law
enforcement or emergency personnel to resolve an emergency. The
Contractor shall respond to a telephone, beeper, or radio call within one
(1) hour. There shall be no additional charge for these responses.
3.06 GENERAL MAINTENANCE REPORTING
The Contractor shall report maintenance work and observations as part of
the weekly Contractor's Meeting Report. The Contractor will also be
required to conduct on-site observations with the Project Manager or
Owner's Representative on a weekly basis to verify satisfactory
completion of Contract requirements.
4.0 BASIC MAINTENANCE FUNCTIONS
A. MOWING AND EDGING
c
Mowing and edging shall only include the medians that contain turf or any
immediate turf areas surrounding or within a work area that is tied up for
more than seven (7) days, along the rights-of-way involved in the contracted
work.
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 %"). The
frequency of cutting will be weekly. The number of mowings may be
modified by the Contract Manager or by seasonal weather conditions at the
Contract Manager's discretion.
The Contractor shall use or alternate mowing practices, patterns or
equipment within narrow turf areas so not to create wheel ruts or worn areas
in the turf. Any areas of turf that become water soaked during the period of
this Contract shall be mowed with twenty-one inch (21" +/-) diameter hand
walk behind type mowers to prevent wheel ruts in the turf caused by heavier
type self-propelled rider mowers. The Contractor shall be responsible for
repairing any ruts caused by their mowers at no additional costs to the
County.
Mechanical edging of the turf shall be done with each mowing along all
sidewalk edges, back of concrete curbs, around all plant beds, utility service
boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals,
posts and trees. 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 including a four foot (4') area from the
face of the curb and sidewalk areas 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. IRRIGATION SYSTEMS
The sprinkler systems shall be checked and repaired as necessary. Quick
coupling valves shall be reviewed weekly and operated to insure proper
operation. Maintenance responsibilities will include cleaning and adjustment
of heads, nozzles, and valves to insure proper coverage, review of filters and
backflow preventers, replacement of heads and nozzles, installation or
replacement of risers, repair of minor breaks or restricted sprinkler lines,
1685
replacement of damaged valve boxes/lids and adjustment of controllers and
rain shutoff switches for settings and operation. Labor costs for these
services shall be included in the Contract Proposal. Faulty or non-accident
related materials or parts required for repairs shall be under warranty and at
no additional charge. Major accident damage repairs to the sprinkler system
including repair of valves, mainlines, time-clocks, damage by vehicles or
electrical wiring problems not caused by the Contractor or their sub-
Contractors will be considered as additional expenses to the Contract.
These additional expenses shall be charged as a time and material billing.
All additional expenses must be approved by the Project Manager prior to
proceeding with the work.
MISCELLANEOUS IRRIGATION MAINTENANCE RESPONSIBILITIES
1. Should the temperature be forecast to be below thirty-four (34)
degrees, the Contractor shall be responsible for turning the irrigation
system off in order to protect plants from possible freeze damage.
2. It shall be the Contractor's responsibility to notify the Project Manager
of any irrigation problems or additional irrigation maintenance needs.
3. The Contractor shall maintain on-site, where required, the County
supplied reclaimed water irrigation signage. Cost to install replacement
signs shall be considered additional services and be billed on a time
and material basis.
4. Should additional costs be involved which are not covered within the
Contract Specifications, a Unit Cost shall be agreed upon by the
Contractor and the Project Manager prior to performing additional
services.
The irrigation service personnel shall have on-site two-way hand-held
communications during all services and/or inspections.
c. WEEDING
Weeding of plant beds, sidewalks, guardrail bases, tree grates, curb and
paving joints and 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.
D. GENERAL SITE PRUNING
All pruning shall be minimal and performed on an as needed basis. Pruning
shall only be performed to encourage growth, remove dead or diseased
foliage, or to maintain sight window requirements per the F.D.OT. Indexes
1
E. TRASH REMOVAL
With each service, all site work areas shall be cleaned by removing all trash
or debris to include, but not be limited to: paper, bottles, cans, other trash,
and horticultural debris. All debris or trash pick-up 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. All disposal fees, tipping or charges are to be included in the Contract
Proposal Price.
F. STREET CLEANING
Street CleaninQ
A four-foot (4') wide area measured from the face of the curb and gutters
including turn lanes and medians shall be cleaned with each site service to
remove any accumulation of debris or objectionable growth to maintain a neat
and safe condition.
G. MISCELLANEOUS MAINTENANCE RESPONSIBILITIES
1. If plants, shrubs, trees, grass or foliage die due to neglect or damage by
the Contractor, Contractor's employees or a Subcontractor as
determined by the Project Manager, they shall be replaced at the
Contractor's expense under the warranty.
2. The Contractor shall provide ramps or other devices to gain access over
the curb to all medians. The curb or turf areas shall not be damaged due
to gaining access or they will be replaced at the Contractor's expense.
3. It shall be the Contractor's responsibility to notify the Project Manager of
any maintenance problems or additional maintenance needs.
4. Should additional costs be involved which are not covered within the
Contract Specifications, a Unit Cost shall be agreed to by the Contractor
and Project Manager prior to performing additional services.
5. The Contractor shall perform inspections on all plants, shrubs, trees and
grass areas for disease or insect infestation during each week's service
to the site. The Contractor shall immediately notify the Project Manager
should a disease or infestation be found and begin appropriate treatment
per the Contract requirements.
1685
6. The Contractor shall have radio, cellular phone and/or beeper equipment
for on-site and off-site communication in order to communicate with the
Project Manager.
SECTION III. SITE SPECIFIC MAINTENANCE FUNCTIONS
A. CANOPY TREE AND PALM PRUNING
All pruning shall be minimal and performed on an as needed basis. Pruning
shall only be performed to encourage growth, remove dead or diseased
foliage, or to maintain sight window requirements per the F.D.O.T. Indexes.
B. FERTILIZATION
The following fertilization schedule is provided as a monthly guideline for the
fertilization of the plant materials during the contract until project completion.
The Contractor is responsible for providing fertilization of the newly installed
plant materials until project completion. The Project Manager reserves the
right to change the fertilization schedule and formulation as needed to meet
special turf or plant needs or other unforeseen conditions which may develop.
Prior to fertilization application, notification to the Project Manager is required
to allow for inspection of all bags.
Granular fertilization of shrubs and groundcovers shall be applied by hand in
a twelve-inch (12") radius ring around the base of the plants. Trees and
palms shall be fertilized by hand in a thirty-six inch (36") radius ring around
the base. 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 groundcover
shall receive one-half (%) 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.
St. AUQustine "Floratam" Grass
Granular fertilization of St. Augustine "Floratam" grass shall be applied by
rotary spreader at the recommended rates seven (7) times per year as set
forth in the following schedule.
Months
Formulation
Application Rates
December
21-0-0
4.5 Ibs. /1,000 sq. ft.
1
February 15-5-15 (SR) 6.5 Ibs. /1,000 sq. ft.
April 0-0 22 So-Po-Mg 10.0 Ibs. /1,000 sq. ft.
May 15-5-15 (SR) 6.5 Ibs. /1,000 sq. ft.
July 13-3-13 (SR) 7.0 Ibs. - 1,000 sq. ft.
September 0-0 22 So-Po-Mg 10.0 Ibs. /1,000 sq. ft.
October 15-5-15 (SR) 6.5 Ibs. /1,000 sq. ft.
Shrubs, Groundcovers, Palms and Trees
Trees with tree grates shall have the fertilizer applied along the house side of
the tree grate and poured into the tree grate slot openings.
Months Formulation Application Rates
October 9-11-11 12.5 Ibs. /1,000 sq. ft.
February 9-11-11 12.5 Ibs. /1,000 sq. ft.
April 0-0 22 So-Po-Mg 10.0 Ibs. /1,000 sq. ft.
May 9-11-11 12.5Ibs./1,000 sq. ft.
July 9-11-11 12.5 Ibs. - 1,000 sq. ft.
September 0-0 22 So-Po-Mg 10.0 Ibs. /1,000 sq. ft.
Applications of Sequestrene Iron at a mixture of 1.25 tablespoons per gallon
should be applied during the months of March, June, September and
December. The application is to be a drench, at the root zone of any plants
subject to iron deficiencies as determined by the Project Manager.
Applications of 20-20-20 at ten (10) pounds of materials per one hundred
(100) gallons of water with Ferrmec AC 13-0-0 plus 6% iron at 1/3 gallon of
material per one hundred (100) gallons of water.
c. ORNAMENTAL AND TURF SPRAYING
Overall Ornamental & Turf Spraying of plants, shrubs and grassed areas IS
included in the Contract.
1685
1. It is required that the Pest Control Firm performing these services shall
possess and provide the following to the Contract Manager:
a. Valid State of Florida Pesticide License that complies with all
Federal, State (Chapter 482) and local laws and regulations.
b. Bachelor degree in Ornamental Horticulture and/or Entomology or
the equivalent practical experience approved by the Owner.
c. Current Contractor's Occupational License for Pest Control Service.
2. The Pest Control Firm shall provide an overall written pest and spray
program that shall incorporate ant and rodent control and shall meet or
exceed the following minimum standards:
a. Describe procedures, methods and techniques that will enhance the
environment.
b. Provide the maximum protection for the health, safety and welfare of
the public and
environment.
c. List of all chemicals to be used.
3. The Pest Control Firm shall make on-site inspections and provide written
reports to the Contract Manager once per month.
4. Methods of Application:
One hundred percent (100%) coverage and penetration shall be
provided. Insecticides and Fungicides shall be applied at the proper
pressure to provide maximum coverage. Chinch bug treatments shall be
applied at a minimum rate of ten (10) gallons of spray mix per 1000
square feet of treatment area.
a. Insecticides should be alternated from organophosphates to
pryrethroids like to prevent an insect immunity to the application.
b. Herbicides used in turf areas shall be applied at the proper
pressure.
c. Herbicides shall not be applied when the temperature exceeds
eighty-five (85) degrees.
,.
1 ~ i
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d. Spreader sticker (Nu-Film 17 or equal) shall be incorporated in all
spraying of Groundcovers, Shrubs, Trees, Palms, and Turf Areas
when recommended by the label.
e. Spray applications shall be applied during times of "No-Wind"
conditions.
f. No trucks or tractors with bar type tires or a gross weight greater
than three thousand
(3000) pounds
will be allowed within or on the median areas.
g. At time of application, provide and place, traffic control meeting
Florida Department of
Transportation, M.U.T.C.D and Indexes.
h. All spray application shall contain a wetting agent within the mix
when recommended
by the label or Projectt Manager.
5. Rate of Application:
All chemicals shall be applied at the rates recommended on the
manufacture's labels.
6. Materials List:
All insecticide, fungicide and herbicide chemicals to be used on turf
areas and on plant materials shall be submitted in writing to the Contract
Manager for review and approval.
7. Application Schedule:
The number of applications shall be as listed below unless otherwise
required based upon the on-site inspection reports.
a. Turf Areas:
Insecticides & Fungicides - Applications on an as needed basis.
Herbicides - Applications, to include Pre-emergent in February and
September, Post- emergent in November, January
and March or on an as needed basis until project
completion.
b. Groundcovers, Shrubs and Trees:
1685
Insecticides & Fungicides - Applications on an as needed basis.
c. Bed Areas:
Herbicides - Applications, Pre-emergent in February and September,
Post-emergent in November, January and March or on an as needed basis.
8. Additional Requirements:
When it becomes necessary for the Contractor to return for additional
spraying as directed by the Contract Manager due to non-performance
of a required application, such additional spraying shall be performed at
no cost to the Owner.
D. MULCHING
OrQanic Mulch
Mulch shall be maintained to the plan specified coverage and depths.
Non-OrQanic Mulch
Mulch shall be maintained to the plan specific coverage and depth.
F . IRRIGATION SYSTEMS
This site may have both subsurface irrigation and conventional pop-up
sprinkler systems.
Subsurface IrriQation System
1. A visual inspection of the subsurface irrigation system shall be
done weekly to determine if there are cuts, leaks or other line
damages or problems.
2. All non-accident related cuts, leaks or other line damages found
during weekly servicing of the work area shall be repaired
immediately and at no extra cost to the Owner. All insecticide,
fungicide and herbicide chemicals to be used on turf areas and on
plant materials shall be submitted in writing to the Project Manager
for review and approval.
3. No excavation or mechanical edging shall be done within these
areas without prior notification to the Project Manager.
4. Each zone shall be manually turned on at the valve to ascertain
proper operation of the system.
5. Check the controllers and rain sensing devices for proper operation
and settings.
Conventional Pop-uP Sprinkler Systems
Weekly Service Requirements:
1. Each zone shall be manually turned on at the valve to ascertain proper
operation of the system.
2. Repair of blown-off heads, broken lines or leaks around heads or
. valves.
3. Check the controllers and rain sensing devices for proper operation
and settings.
4. The Contractor shall further adjust all sprinkler heads to ensure that all
landscaped
areas receive one hundred percent (100%) irrigation coverage.
5. The Contractor shall review the plants within irrigated Work Area, for
dry conditions and if found, correct the problem immediately and advise
the Project Manager.
Monthly Service Requirements:
1. Manually run the system, clean and adjust sprinkler heads/nozzles and
emitter lines as necessary to ensure for proper coverage and that no
sprinklers heads/nozzles are spraying directly into the roadway.
General Service Requirements:
1. Should South Florida Water Management District or other governing
agency establish water restrictions, the irrigation systems shall be
inspected and all controllers set to the mandated hours of operation set
by the District.
2. Replace defective piping, emitter piping, heads, nozzles and risers,
and repair minor breaks or restricted sprinkler lines.
3. Replace damaged valve boxes/lids if caused by the Contractor.
4. Inspect, clean and replace, if necessary, screens/filters within the
sprinkler heads.
16L95
5. Use only County approved replacement parts, and use only matched
precipitation head replacements. Replacement sprinkler heads shall
be supplied by Collier County.
6. Keep 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 level. Inside of all valve
boxes shall be kept clean, and the valves shall be kept one hundred
percent (100%) accessible.
7. One hundred percent (100%) irrigation coverage shall be maintained
. within all landscaped areas while this Contract is in effect.
8. Notification to the Project Manager is required when acts of vandalism
or accidents have occurred to the irrigation system,
G. DECORATIVE PAVERS AND PAVING
All decorative paving areas shall be reviewed with each weekly service to
determine if damage or problems exist.
Upon finding damage or problems to the paving, an immediate notification to
the Project Manager, or his authorized representative is required. Upon
finding damaged areas, the Contractor shall clean-up debris if present, and/or
flag off the areas with protective barriers and/or high visibility hazard tape.
The Contractor shall submit a proposal as soon as possible for repair or
replacement of the damaged brick curbing or paving areas. Repairs to the
paving not related to the Contractor or their sub-Contractor's will be
considered as additional expenses to the Contract. The additional expenses
shall be charged as a time and material billing with the bricks being provided
to the County. All additional expenses must be pre-approved by the Project
Manager.
END OF MAINTENANCE DURING CONSTRUCTION SECTION
EXHIBIT K
PERMITS
1685
TPA#1953633.11
GC-CA-K-1
EXHIBIT L
STANDARD DEl AILS
1685
TPA#1953633.11
GC-CA-L -1
26ft"'
L" .""
EXHIBIT M
PLANS AND SPECIFICATIONS
TPA#1953633.11
GC-CA-M-1
CONSTRUCTION AND CONTRACT TIME LINE SCHEDULE
1685
Golden Gate Boulevard Phase III Collier County Landscape Beautification Master Plan
BID # 07.4091
DATE CERTAIN CONTRACT AND/OR CONSTRUCTION ACTIVITIES
DATE:
DATE:
CONTRACT AWARD
NOTICE TO PROCEED
DATE:
DATE:
............,...........,......,..,.....
.... ..................,..................
.H::::~~Y':n~M~p::: \:/PROJECT SUBSTANTIAL COMPLETION OBSERVATION
CREATE OBSERVATION PUNCH LIST FOR
ENTIRE PROJECT
DATE:
DATE:
..... "j?lrJi.J:i!:~i::::r DAYS TO MAKE OBSERVATION PUNCH LIST CORRECTIONS
DATE:
DATE:
.:p.lfY,lavS)#.tlU:H? FINAL COMPLETION OBSERVATION
COlliER COUNTY, DESIGN PROFESSIONAL
DATE:
DATE:
.............-................'....,....
. .:::!PAy::):,&U[$b }!:} FINAL ACCEPTANCE NOTIFICATION
DATE:
...U.j:i:N\P:NJftS': .... HANNUAL WARRANTY OBSERVATION
DATE:
....~.^... ...t.;CA::V~..' ..
~j~~~~ ~ri ~ ~~~~:~j ~)~~:~~::j~:~j:~~~:
)WARRANTY CORRECTIONS & NOTIFICATIONS
WARRANTY ACCEPTANCE NOTIFICATION
COLLIER COUNTY, DESIGN PROFESSIONAL
APPROVED BY:
DATE:
DESIGN PROFESSIONAL
DATE:
COLLIER COUNTY
TRANSPORTATION DEPARTMENT
DATE:
CONTRACTOR
<<" /"
EXHIBIT N l c:
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
TPA#1953633.11
GC-CA-N-1
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ITEM NO.:
~:-.u UI- iHt16 B 10
,;OUNTY ATTOR~jE\
DATE RECEIVED:
0'1- fRC- 0061:, f Z007MAR30 P~ll; 19
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE TillS LINE
REQUEST FOR LEGAL SERVICES
Date: March 30, 2007
To: Robert Zachary
Assistant County Attorney
From: ~ Brenda Brilhart,
Purchasing Agent
Re: Contract #07-4093 "Goodlette Frank Road Landscape Project
(Golden Gate Parkway to Pine Ridge Road)"
Contractor: Hannula Landscaping, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on January 23,2007
Agenda Item: 16.B.1O
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
Ct/~
L-I ~ Z-----O
1(/;/07: flPiMc.(~~~ oK-tO
16 B 10
Memorandum
DATE:
March 30, 2007
TO: Wayne Fiyalko, Senior Analyst
Risk Management Department
FROM: W Brenda Brilhart, Purchasing Agent
Purchasing Department
RE:
Review of Insurance for: #07-4093 "Goodlette Prank Road Landscape
Project (Golden Gate Parkway to Pine Ridge Road)"
Contractor: Hannula Landscaping, Inc.
This Contract was approved by the BCC on January 23, 2007 Agenda 16.B.10
Please review the Insurance Certificate and Payment and Performance Bonds in this
Agreement for the referenced Contract. If everything is acceptable, please forward to the
County Attorney for further review and approval. I would appreciate it if you would
advise me when it has been forwarded.
If you have any questions, please contact me at 774-8446.
.t~te VvrJ - ~t~~
4-t~-~L
cc; Pam Lulich
c.C-- ~
L(~z--07
MEMORANDUM
Date:
April 2, 2007
To:
Brenda Brilhart, Purchasing Agent
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract #07-4093
"Goodlette Frank Road Landscape Project
(Golden Gate Parkway to Pine Ridge Road)"
Contractor: Hannula Landscaping, Inc.
Attached please find three (3) original documents, as referenced above,
(Agenda Item #16BIO), approved by the Board of County
Commissioners on Tuesday, January 23, 2007.
An original has been retained in the Minutes and Records Department
and one has been sent to the Finance Department.
If you should have any questions, please contact me at 732-2646 x 7240.
Thank you.
Attachments (3)
16 B 10
TPA#1953633.11
16B10
Goodlette Frank Road Landscape Project
(Golden Gate Parkway to Pine Ridge Road)
COLLIER COUNTY BID NO. 07-4093
COLLIER COUNTY, FLORIDA
Design Professional:
A. Gail Boorman & Associates
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
16 B 10
TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by A. Gail Boorman & Associate
and identified as follows: Goodlette Frank Road Landscape
Project (Golden Gate Parkway to Pine Ridge Road)
as shown on Plan Sheets 1 through 65.
EXHIBIT N: Contractor's List of Key Personnel
EXHIBIT 0: Stored Materials Records
16 B 10
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
Goodlette Frank Road Landscape Project
(Golden Gate Parkway to Pine Ridge Road)
COUNTY BID NO. 07-4093
Separate sealed bids for the construction of Goodlette Frank Road Landscape
Project (Golden Gate Parkway to Pine Ridge Road), addressed to Mr. Steve Carnell,
Purchasing Director, will be received at the Collier County Government Complex, 3301
Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida
34112, until 2:30 P.M. LOCAL TIME, on the 18th day of December 2006, at which time
all bids will be publicly opened and read aloud. Any bids received after the time and
date specified will not be accepted and shall be returned unopened to the Bidder.
A non-mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 4th
day of December 2006, at which time all prospective Bidders may have questions
answered regarding the Bidding Documents for this Project.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Goodlette Frank Road Landscape Project (Golden
Gate Parkway to Pine Ridge Road), Bid No. 07-4093 and Bid Date of December 18,
2006. No bid shall be considered unless it is made on an unaltered Bid form which is
included in the Bidding Documents. The Bid Schedule (GC-P-1 through GC-P-12) shall
be removed from the Bidding Documents prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined at the
Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida
34112.
Copies of the Bidding Documents may be obtained only at the offices of the Purchasing
Department, upon payment of $40.00 for each set of documents to offset the cost of
reproduction. Return of the documents is not required, and the amount paid for the
documents is nonrefundable.
The following plan room services may have obtained copies of the Bidding Documents
for the work contemplated herein:
McGraw-Hili Construction Dodge
2830 Winkler Avenue. Suite 104A
Ft. Myers, FL 33916
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
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Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within one
hundred and eighty (180) calendar days from and after the Commencement Date
specified in the Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 14th day of November 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Isl Stephen Y. Carnell. C.P.M.
Purchasing and General Services Director
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PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-12 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
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location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit Requirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. Riaht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
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Section 5. SianinQ of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
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opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Requirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
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Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Award of Contract shall be issued to the lowest, responsive and qualified
Bidder determined on the basis of the entire Bid and the Owner's investigations of the
Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall
consider the capability of the Bidder to perform the contract in a timely and responsible
manner. When the contract is awarded by Owner, such award shall be evidenced by a
written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing
Department or his or her designee and delivered to the intended awardee or mailed to
awardee at the business address shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be made by the Board of
County Commissioners in public session. Any actual or prospective bidder who desires
to formally protest the recommended contract award must file a notice of intent to
protest with the Purchasing Director within two (2) calendar days (excluding weekends
and holidays) of the date that the recommended award is posted. Upon filing of said
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at the offices of the Purchasing Director.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
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Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collief County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
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subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
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~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 774-8407
FAX(239) 530-6697
www.colliergov.net
ADDENDUM
DATE:
December 11, 2006
TO: ~ -----.~terested Bidders
FROM:~renda Brilhart, Purchasing Agent
SUBJECT: Addendum # 1 - BID# 07-4093 "Goodlette-Frank (Golden Gate Parkway to
Pine Ridge Road) Collier County Landscape Beautification Master Plan
. Lane Closures are not allowed until 4/15/07
· County supplies all Motorola controllers, meters, permits, impact fees, etc.
· Sheet GC-P-3 shall be completed and submitted with bid.
. Sheet GC-P-4 shall be completed and submitted with bid.
. Contractors and subcontractors are shall be licensed in Collier County.
· The subcontractors: directional boring and paver contractor are required to be
licensed in Collier County.
· The Landscape Contractor shall be a licensed landscape and irrigation contractor in
Collier County in order to perform the work.
· Maintenance of Traffic Certification must be submitted with the Bid.
. Design Professional's Estimate $802,690.45
REPLACE:
Bid Schedule GD-P-2a (Pages 1-3)
Q: Bid Schedule: Section II. Site Demolition, Preparation and Disposal, Item
Number 5. Time to locate existing sleeves utilizing Collier County RD-4000
locator equipment. Will someone from the County meet with the contractor to
locate the sleeving?
A: Yes, the ATM Department has RD 4000 locating equipment and is responsible
for locating irrigation lines when locate tickets are called in.
Q: Brick Pavers: The requirement for density testing and compaction testing could
not be found in the plan specifications. Is the 98% compaction of the aggregate
sub base required?
16 B 10
A: The density testing and compaction testing is required. See attached paver
specifications.
Q: Please confirm if the mulch is the County Blend?
A: Yes, the specified mulch is Forestry Resources Collier County Blend,
Eucalyptus Colored Mulch 4" Settled.
CLARIFICATION:
Section V. Item 1: PUMP STATION (Per details or Naples Electric Motor Works
VFD) installed.
CLARIFICATION:
Sheet IR-13- The Point of Connection indicates that both controllers and pump
station are located at that location.
CLARIFICATION:
The pump installation and the power hook-up to the pump will be the
responsibility of the contractor.
CLARIFICATION:
The Florida Power and Light connection and the purchase and installation of
the controller are by Collier County.
Q: Are there any existing sleeves?
A: Yes.
Q: Can an electronic bid form be provided to bidders?
A: Yes.
If you require additional information please call Pam Lulich, Transportation Department at
239/774-8192 or me at 239/774-8446 or bye-mail atbrendabrilhart@colliergov.net.
cc: Pamela Lulich, Transportation Dept.
Enc: 1
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DIVISION 2
SECTION 04200
BRICK PAVING
PART1-GENERAL
1.01 SUMMARY
This section specifies requirements for the preparation aggregate base, supplying and installation of
brick paving is shown on the drawings and include:
1. Hand tight joints, sand filled on 6" limerock aggregate base.
2. See Exhibit "An
1.02 RELATED SERVICES
1. Preparation of subgrade
2. Supply of place base course materials
3. Applications of soil sterilant
SERVICES INCLUDED
1. Supply and place bedding course
2. Supply and install pavers of quality, shape, thickness and color as specified.
3. Supply and place all accessory items as required by the contract.
DESCRIPTION OF WORK
1. The extent of the paver work is as shown on the drawings and/or as specified herein.
2. Layout pattern shall be herringbone pattern, 45 degree with a single course border or
as shown on the drawings.
1.03 QUALITY ASSURANCE
A. Qualifications:
1. Installer: Subcontract brick paving work to a firm with not less than 3 years of
successful experience in the required types of applications.
2. Sample Installation: Prior to the installation of brick paving work, fabricate sample
panel using materials. Build panel at the site as directed, of full thickness and
approximately 4'x3', in the completed work. Obtain Landscape Architect's
acceptance of visual qualities of the panel before start of brick paving work. Retain
panel during construction as a standard judging completed brick paving work. Do
not alter, move or destroy sarnple panel until work is completed. Provide a sample
panel for each type of brick paving required.
Do not change the source of brands of brick or related materials during progress of
work.
1.04 SUBMITTALS
A. Product Data:
For information only, submit 2 copies of the manufacturer's technical data for each
manufactured product, including certification that each product complies with the specified
requirements. Include instructions for handling, storage, installation and protection of each
product. Transmit copy of each instruction to the Installer.
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B. Samples:
Submit 2 samples of each type of paving brick required. Include in each set the full range of
exposed color and texture to be expected in the completed work. Landscape Architect's
review will be for color and texture only. Compliance with all other requirements is the
exclusive responsibility of the Contractor.
JOB CONDITIONS
Site requirements: No concrete pavers shall be laid on improperly prepared base.
Protection of Work: At the end of each work period, protect unrestrained edges with plywood or similar
material.
PART 2 - PRODUCTS
2.01 MATERIALS
A. PRECAST CONCRETE BRICK PAVING UNITS:
The interlocking pavers shall follow the design criteria of ASTM C-936-82 with
compressive strength minimum 8,000 psi. Base material to be designed and paver
installation in accordance to the guidelines of National Concrete Masonry Association
"Structural Design of Concrete Block Pavements." The aggregate length of chips on a
single unit shall not exceed 10% of the perimeter of the exposed face of paver. Pavers
with edge chips exceeding 5/16" and corner chips y," are considered replaceable.
1. CEMENTlOUS MATERIALS: Portland Cement shall conform to ASTM
Specification C0150.
2. AGGREGATES: Aggregates shall conform to ASTM Specification C-33 for Normal
Weight Concrete Aggregate (no expanded shall or lightweight aggregates) except
that grading requirements shall not necessarily apply.
3. OTHER CONSTITUENTS: Color pigments, air-entraining agents integral water
repellents, finely ground silica, etc., shall be previously established as applicable,
or shall be previously established as suitable for use in concrete.
4. PHYSICAL REQUIREMENTS:
i. Compressive Strength- A the time of delivery of the work site, the average
compressive strength of the paver units shall not be less than 8,000 psi,
with no individual unit strength less than 7200 psi as per ASTM
Specification C936-82. Testing procedures shall be in accordance with
ASTM Specification C-140.
ii. Absorption- The average absorption shall not be greater than five percent
(5%) with no individual absorption greater than seven percent (7%) as
required by ASTM Specification C-936-82.
5. SIZE: 3 7/8"x 7 7/8" x 2 3/8", Klassic Interlocking Paver by Krehling or approved
equal
6. COLOR AND TEXTURE: Earthtones or Color Blends Series Krehling or approved
equal.
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7. APPROVED BRICK COLORS: Paver color to be approved by Landscape
Operationsrrransportation Operations Department.
Border Brick: 1 course
Field Brick: Herringbone pattern, 45 degrees
8. VISUAL INSPECTION: All units shall be sound and free of defects that would
interfere with the proper placing of the unit or impair the strength of permanence of
the construction. Minor cracks incidental to the usual methods of handling in
shipment and delivery, shall not be deemed grounds for rejection.
9. BEDDING SAND: In compliance with ASTM Specification C33, the bedding sand
shall comprise clean, well-graded sand. The bedding sand shall be dry, sharp and
free of organics and deleterious soluble salts or other contaminants likely to cause
efflorescence. The sand shall be of uniform moisture content when screeded and
shall be protected against rain when stockpiled on site prior to screeding. The
moisture content shall be in the range of 4-8%.
10. JOINTING SAND: In compliance with ASTM Specification C144-gradulation for
1/8" joints-the jointing sand shall be free of organics and soluble salts or
contaminants likely to cause efflorescence.
11. GRANULAR BASE: The graded aggregate for the granular base shall comply With
ASTM Specification 2940 or equivalent for base material.
PART 3 - EXECUTION
3.01 INSTALLATION GENERAL:
Do not use brick with chips, voids, discolorations, or other defects, which might be visible or
cause staining in the finish work.
Cut brick with motor-driven saw equipment designed to cut masonry with clean, sharp
unchipped edges. Cut units as required to provide pattern shown and to fit adjoining work
neatly. Use full units without cutting wherever possible. Where cutting is required, use the
largest size brick units possible and avoid the use of small pieces of brick or large mortar or
gapped areas.
Set Brick patterns with uniform joint widths as indicated.
A. Immediately clean up sand on paved and finished surface areas.
B. Remove debris and excess materials from project site daily.
3.02 SITE PREPARATION:
The site must be stripped of all topsoil, unstable or unconsolidated materials to the grades specified.
Further construction will not proceed until the Owner or his representative has
inspected the subgrade.
3.03 VERIFICATION OF SUBGRADE:
The Contractor shall ensure that the prepared subgrade is protected from damage from
inundation by surface water and damage by other trades. No traffic shall be allowed to cross
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the prepared subgrade. Repair of any damage resulting shall be the responsibility of the
Contractor and shall be repaired in a satisfactory manner.
Further construction will not proceed until the subgrade has been inspected by the Owner or
his Consultant.
3.04 VERIFICATION OF GRANULAR BASE:
. Place graded aggregate for base over compacted subgrade. Provide
compacted thickness of base as indicated. Compacted base shall be 100% of
maximum density achieved in accordance with ASTM Specification D.698
(100% Standard Protector maximum Dry Density).
. Base shall be spread in layers which, when compacted, will not exceed 4".
. Profile of base to be within an allowable local tolerance of Y:;" within 1 0 feet.
The upper surface of the base shall be sufficiently well graded and compacted
to prevent infiltration of the bedding sand into the base both during construction
and throughout its service life.
. Segregated areas of the granular base shall be "blinded" by the application of
crushed fines that have been watered and compacted into the surface.
. Further construction will not proceed until the base has been inspected and
approved by the Owner or his representative.
3.05 GRANULAR BASE THICKNESS:
For roadway applications with well-drained consolidated subgrade or poorly drained
unconsolidated subgrade the granular base thickness shall be six inches (6"). The base shall
extend the full width of the pavement and edge restraints plus 4" minimum wherever edge
restraints are to be constructed with the pavement.
3.06 EDGE RESTRAINTS:
Adequate edge restraint shall be provided; curb and gutter, edge strips or established paving
units, shall be installed vertically down to the granular base. All edge restraints specified shall
be supported on a compacted base.
Install edge restraints prior to installation of pavers.
3.07 SURFACE DRAINAGE:
Gradients and crossfalls shall have a minimum value of 2%(114" per foot) and shall be
channeled to appropriate drains away from any unrestrained edge.
3.08 SAND BEDDING COURSE:
Spreading: The bedding sand shall be spread loose in a uniform layer to give depth after
compaction of the paving units, of between nominally 1 "-1 y.". Under no circumstances shall
the bedding layer exceed 1 1/2" in thickness following compaction of the pavement.
Screeding: The spread sand shall be carefully maintained in a loose condition and protected
against precompaction by traffic or rain both prior to and following screeding. Sand shall be
lightly screeded in a loose condition to predetermined depth. Under no circumstances shall the
sand be screeded in advance of laying face to an extent to which paving will not be complefed
on that day. Any screeded sand which is precompacted prior to laying of paving unit shall be
brought back to profile in a loose condition. Neither pedestrian nor vehicular traffic shall be
permitted on the screeded sand. The Contractor shall screed the bedding sand using either an
approved mechanical spreader or by the use of screed guides and boards.
6
16 B 10
3.09 INSTALLATION OF PAVERS:
General: Pavers with excessive chips, cracks, voids, discolorations or other defects shall not
be installed (See 2.01A).
Joints: In order to maintain the desired pattern joint spacing must be consistent. For
maximum interlock, it is recommended that a joint spacing of approximately 1/8" be
maintained. This spacing must also be provided for the first row abutting the edge restraint.
Alignment: String lines or chalk lines on bedding sand should be used to hold all pattern lines
true.
Cutting: The gaps at the edge of the paving surface shall be filled with manufactured edge
pavers or with pavers cut to fit. Cutting shall be accomplished to leave a clean edge to the
traffic surface using a mechanical hydraulic or guillotine cutter or masonry saw.
The use of infill concrete or discontinuities in patterns will not be permitted except along the
outer pavement boundaries; adjacent to drains, manholes and edge restraints.
Sweeping Clean: Upon completion of cutting, the area must be swept clean of all debris to
facilitate inspection and to ensure pavers are not damaged during compaction.
Inspection of Installed Pavers: After sweeping and prior to compaction, the paved area
must be inspected to ensure satisfactory color blending. Pavers can be moved easily at this
time to achieve good color distribution.
3.10 INITIAL COMPACTION OF PAVERS:
After inspection of the paving units, they shall be compacted to achieve consolidation of the
sand bedding and brought to design levels and profiles by not less than three passes of a
suitable plate compactor. Compaction shall be accomplished by the use of a plate compactor
capable of a minimum of 5000-pound compaction force. Initial compaction should proceed as
closely as possible following installation of the paving units and prior to acceptance of any
traffic or application of sweeping sand.
3.11 PAVER INSPECTION:
Any units, which are structurally damaged during compaction, shall be immediately removed
and replaced.
3.12 JOINTING SAND:
. The jointing sand shall be spread over the pavement after initial compaction has been
completed. This jointing sand shall be spread as soon as is practical after initial
compaction and prior to the termination of work on that day.
. The jointing sand shall be broomed to fill the joints. Excess sand shall then be
removed from the pavement surface and the pavers shall be compacted again to settle
the jointing sand.
3.13 FINAL COMPACTION OF PAVERS:
After jointing sand has been installed and the pavement surface swept clean, final compaction
shall be accomplished by not less than two passes of the place compactor.
Final compaction should proceed as closely as possible following installation of jointing sand
and prior the acceptance of any traffic.
Inspection by the Owner or his representative shall determine whether a second application or
partial application of jointing sand is required.
7
16 810
3.14 CLEAN UP:
Sweep clean all paved areas of excess sand and dirt. Pick up and remove from the site all
surplus materials, equipment and debris resulting from this section of the work.
3.15 TOLERANCE OF SURFACE PROFILE:
o All surface and pavement structures shall be true to the lines, levels, grades, thickness
and cross sections as shown on the drawings.
o All pavements shall be finished to lines and levels to ensure positive drainage at all
drainage outlets and channels. In no case shall the crossfall of any portion of the
pavement be less than 2 percent (1/4" per foot).
o The pavement surface shall not deviate by more than 1/2" in 10 feet from a straight
edge laid in any direction.
END OF SECTION - 04200
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CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Goodlette Frank Road Landscape Project
(Golden Gate Parkway to Pine Ridge Road)
BID NO. 07-4093
Full Name of Bidder---Hat.JAJINI", L "'I\I~ S~ i'lva :CAlc..
Main Business Address ~~'3.1 Q\.\",; \s Ne.~t l",N-(. ~jl,..:h~Il.).tJ.1. R.",;J.. 3lf/35
Place of Business le.e. Co,^""A-.a I1rJN: ~ SrA.~.1 R.-e: ~
Telephone No. .Q3't-QQA- :;l.;;l.,b Fax No.~1-L.j'tg- f,2lR
State Cpntractor's License # N / It c., Il~ c,,"'~ L \ C.~IIlK N~ J::), ~70 9:;J rt 17
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications, including Addenda issued
thereto and acknowledges receipt below:
Addendum
Number
o",c.
Date Issued
Contractor's
Initials
t)Fff'
Dcl.eM~ II ~OO(,
.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your
bid pages.
TPA#1953633.11
GC-P-1
(<
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16 B 10
BID SCHEDULE
Goodlette Frank Road Landscape Project
(Golden Gate Parkway to Pine Ridge Road)
Bid No. 07-4093
TPA#1953633.11
GC-P-2
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16 810
MATERIAL MANUFACTURERS
(
The Bidder is required to state below, material manufacturers it proposes to utilize on
this project. No change will be allowed after submittal of Bid. If substitute material
proposed and listed below is not approved by Engineer, Bidder shall furnish the
manufacturer named in the specification. Acceptance of this Bid does not constitute
acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR
BID WILL BE DEEMED NON-RESPONSIVE.
MATERIAL
MANUFACTURER
T~o,a....I'l\'i~J.. L~ 1J.,lso.-l
1f..,dLl) J-I...~. A-,.,.hk. N;l.u. 8~_.J
, . , .
N..,.,I.) E-~~ m.J.w, Wo..lcs VFO
FLM:~ tJ",,"-Setr..:t.J
fiM...-S.fvt.u R f.S" UO't-w..s:
T:M. JJ\. r.veWl-S
s.
1. .L
:J.e~iO..t.'O-rJ ro""'fOfo,l~jV~
2.
?1NW\'f S~.~~
l.u.u M Sh.~.s
M""lc4.
'so.Jd."WJ
3.
4.
Dated o.~ \,'i) a.oo,
_l-kJl}AI..v~ t.,.....;chc...p.I-., =Hvc.
(J~ .
BY:
TPA#1953633.11
GC-P-3
16 B 10
LIST OF SUBCONTRACTORS
The undersigned states that the following is a full and complete list of the proposed
Subcontractors it intends to use on this Project with respect to the categories of work
identified below, and that such list will not be added to nor altered without the prior
written consent of the Project Manager. The undersigned further acknowledges its
responsibility for ensuring that the Subcontractors listed herein are "qualified" (as
defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but
not limited to. proper licenses, certifications, registrations and insurance coverage. The
Owner reserves the right to disqualify any Bidder who includes non-compliant or non-
qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is
found to be non-compliant with this requirement either before or after the issuance of
the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE
DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the
undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder
shall identify all Subcontractors it intends to use on the Project. The undersigned
further agrees that all Subcontractors subsequently identified for any portion of work on
this Project must be qualified as noted above.
, -
1.
Cateqorv of Work
D.)t(.e"+-.~,,,....l B./I"c,4l,
2.
m ".~...v.. o-F ~
3.
~,'-k w~k
4.
:f,e.~IQ.vt,'i).,.)
5.
p~
Dared ~~lVJ~OD'
BY:
TPA#1953633.11
GC-P-4
Subcontractor and Address
"~~...,J 11-fiJ:k" Gl"'fJ..c.. -DM rM~Q r"",
P. O. S..", 60S":!.1 Fr. ~ R.._:J.3?JoJ
N ~s 7ft" .fI.~ ~ II fe. la-
n LfoS ~"H'\l ,S'J.,aoJ. Ff-. M?" F/,.. .].lW~
~"'t4 (Sclbc.;f ~tI.Gu ~c....
(,o~() L.vt-;;:~ ~.;e'n..s( ft-':1:l661
/f-a~Jtl\.f,f^ '~N'
~R)3, QI.\A: b ~"J f- LMIf( 8"",:J.~...,..Jj.
J ~'1/:If'
rlW'Wt. PC6 II\/\ll,~,'i:tv. ";hIe..
I oct I S' SdN~ l?a.o.tW. ~cJ s..:~ ~.6J .
aoN....li'...~,.... ftJ Ir'
3.-JAlwL,.. L~c."f'''O::M.4Jc. -
Bi~ L--
Q ~--
16 B 10
STATEMENT OF EXPERIENCE OF BIDDER
(
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Proiect and Location
Reference
1.
\...N.'WQS~ ~nA.- N+sfl.. OII.'#W.fd~ ;H.'Fn'1-8'1&Jr
/>>.... &.>1. fk5""'~
t:iCl-.)lUk/I':l\ItR:~ t<"..J CoII,~en. td""~ ';).3.'-77L.f-'8.~q'l
/)')1(, 80 {. f-e-.l.en..s~
10-/1, sJu.,;t ,.;"?(,~ FLu../k C/1'1 tJF AJ~~ ,3'-~J.1-SDO~
/J1a ~ ~J~~
M Lk.. Bo....le.v~ ft.Jn~FL. ~ vf" F.J... ma-ens. d'J'J-ltbl-7IS$
fH"" -;;;: c.?>. Sr.J",,,,,e f-z..
G-<>l~CIII ~ €.o""lw.wLAI"f'!t~PL, ~1J,i-1( Cb~>I-b :1'!."1-7J't.9o/ctf
1111(. ~o t. ?~
D..,..;~ ~""" lc~ tJ~ Pt.... 6.Jl.-c:.c. (\0...-..1 ~ a.'l',.-n'l.3 't6J'I
tns f4'n1 L"J Irvt,
2.
3.
4.
5.
6.
Dated Ce~ Log, a-<lD6
.
~J.lNwll\ /..~.f(."f''' ::Ttut.
O:;M
BY r. -.-i.
TPA#1953633.11
GC-P-5
ANTICIPATED
START JOB
DUE DATE JOB NAME. WIP .
20 TBD Suntrust Bank- Peeble Sr 6-136
ON HOlD Thomasson Genter 6-134
20 09f01/06 Verona Walk Town Gente 6-133
20 10/01106 Villaae Walk'Town Gente 6-134
20 10101/06 Wilson Blvd. Center 6-1351
NEW PROJECTS
ANTI IPATEO
START :!Q.g
DUE DATE JOB NAME. WIP ~
20 TBD Wateriord 6-136
20 TBD Florencia @ The Colonv 6-137
UC TBD International ColleQe 6-1391
10 TBD Ava Maria K-12 6-138
UC TBD North Count\l Water Trea 6-139
UC TBD CVS Warranty Work 4-121
UC TBD Costco Wholesale - Ft. M 6-140
UC TBO Mitchell Residence 6-140
UC TBD Inn @ the Sorinas 6-141
UC TBD 6-1411
UC TBD
UC TBD
UC TBD
UC TBD
UC TBD
UC TBD
UC TBD
UC TBD
1Ln11"'
ANTICIPATED .. "" u .L '"
START JOB
DUE DATE JOB NAME. WIP .
UC TBD 5th Ave Roval Plantina 6-140'
UC TBD 5th Ave North Entrance P 6-140'
TBD Anua Line Shores Rilev P 6-137"
UC TBD Clewiston 6-138
TBD Golden Gate Overoass 6-134
TBD Port of the Islands 6-137
UC TBD South West Water Treatn 6-140
UC TBD US 41 Water Source 6-139
ON HOLD Allen Hanaer Proiect 6-1340
20 03/07105 Azure @ Bonita Bay 5.1288
20 05101105 Back Bay Marina 4.1257
TBD Brezeski Residence 6-136
TBD Coastland Center Mall 6-137
UC TBD Collections rw Vanderbilt 6-139
20 TBD Estero Bavside Condo 6-135
TBD Gulf Coast Town Center 6-135
20 TBD Kraft Construction Headn 6-1371
20 TBD Lemuria Coach Homes 4-1278
20 TBD Maanolia Sauare 6-136
25 09101/05 Naples Promenade 6-1308
20th 06126/06 Northbrooke Prof. Buildin 6-133'
TBD Olvmoia Pointe 6-135'
ON HOLD Ramsev Residence -1370
Confidential
Confidential
16 810
TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Failure to complete the above may result in the Bid being declared non-responsive.
Dated ~ 1'17. ~D()i,
lkAlIII"I" t,..""leM k~
/\ Bidder
BY:"--~~ -
TPA#1953633.11
GC-P-6
16 810
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within one hundred and twenty
(120) consecutive calendar days, computed by excluding the commencement date and
including the last day of such period, and to be fully completed to the point of final
acceptance by the Owner within sixty (60) consecutive calendar days after Substantial
Completion, computed by excluding commencement date and including the last day of
such period.
Respectfullv Submitted:
State of A OR i .1..,.
County of Le~
\:) ",k F. "-...",,..,,,,,1.. , being first duly sworn on
oath deposes and says that the Bidder on the above Bid is organized as indicated and
that all statements herein made are made on behalf of such Bidder and that this
deponent is authorized to make them.
b O\.\.(., t='. ltll.t.J i'lJ6. , also deposes and says
that it has examined and carefully prepared its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid; that the statements contained herein are true and correct.
TPA#1953633.11
GC-P-7
16 B 10
(a) Corporation
The Bidder is a corporation organized and
---.EI:; ..tl\ , which operates
..---Ij.-",wl... L~'''f'~ ~.
officers are as follows:
President Dw-lc.. ~t>-t.-..k J4".NPwl~
Secretary D..L... ~,-dc ~~IVOf/*l
Treasurer DIlA.t... ~Ic .iJ.--ANvWL1
Manager DlWYle>N >>-1"^,,M~(
existing
under
under the laws of the State of
the legal name of
, and the full names of its
The PItC\j.l...,4: DN\<. r. H""'N",/'l is authorized to sign construction bids
and contracts for the company by action of its Board of Directors taken
()t(.~b-co.. g. 1'1 'I::t , a certified copy of which is hereto attached (strike
out this last sentence if not applicable).
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
tJlf+
,
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is N III
and if operating under a trade name, said trade name is' AJ!f.r
DATED ~t..~ l'il ,:).00' HANN.J" L-1sc4f~ ;J'..J,.
legal entity
TPA#1953633.11
GC-P-8
STATE OF -.EI OR.: ~"
COUNTY OF le-c...
16 8 10
BY: Dllk F. I1q NNWI",
~~--j
~ure
PRui.l-*
Title
The foregoing instrument was acknowledged before me this 11... day of Oc..",,~
2006, by DO\<l.. F. ~..~~.t4" ,as Pltd;J.....,r
of 1\-....,u"'l... L...~~......."3. ::;"'c. ,a FJOIt,'.J" corporation, on
behalf of the corporation. ~/she is 12ersonallv known to me or has produced
i. -- as identification
and did (did not) take an oath.
My Commission Expires:
?J GlnaD.Thom.'
,... , . My Commission 00301711
~..';I ExpImApnI22.2008
(AFFIX OFFICIAL SEAL)
TPA#1953633.11
GC-P-9
NAME:
~f)- ~
(Signature of Notary)
bACt. f) -InD(IIl{l S
(Legibly Printed)
..---
Notary Public, State of tL-
Commission No.: J:> 'D~D'6'lI~
16810
BID BOND
~
. KNOW ALL MEN BY THESE PRESENTS, that we Hannlll" r."nn",.."p; n'J Tn,..
(herein after called the PrinCipal) and
First Sealord Suretv. rnc '
(herein called the Surety), a corporation chartered and existing under the laws of tile
State of PA with its principal offices in the city of :e<l 1" Cynwyn
and authorized to do busIness in the State of 1'" n... i n ~ are held ;ind
firmly bound unto the Collier County Purchasing Dpp"...t-mp)1t-
(hereinafter called the Owner), in the full and just sum of
Five Percent of Amount Bid in dollars ($ 5% )
good and lawful money of the United States of America, to be paid upon demand of the
Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and a8Signs, jointly and severally
and firmly by these presents.
Whereas,. the Principal Is about to submit, or has submitted to the Owner, a Bid for
furnishing all labor, matenals, equipment and incidentals necessary to furnish, install,
and fully complete the WorK on the Project known as
Goodlette Frank Road La.ndscape Project
(Golden Gate Parkway to Pine Ridge Road)
Bid No. 07-4093
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days
after the date of a written Notice of Awal'd In accordance with the terms of such Bid, and
give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract Documents with good and sufficient surety fur the
faithful perfonnance of the Agreement and for the prompt payment of labor, materials and
supplies fumished in the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter Into such Agreement or to give such bond or bonds, and ejeliver to
Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $ 1288 noted above as liquidated damages, and not as a
penalty, as provided in the Bidding Documents, then this obligation shall be null and void,
othelWise to remain in full force and effect
~-
TPA#19531133.11
GC-P-10
16 B 10
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this 18th day of Dp"pmhpr , 2006.
BY
Hann::) Lan# e>"I Ine
C tJA - ....L
First Sealord Surety, Ine
countersigned
Davi , Attorney In Faet / FL R~sident Agent
Local Resident producing Ag
Principal
(Seal)
Surety
(Seal)
First Sealord Sure tv , rnr.
,~
~
TPNl1953633."
GC-P.11
First Sealord Surety, Inc.
Powe~ of Attorney
Power No:
MIA.0467 -06-11118
~b
~~"+i;;S
,-,,'F..;- ',;"_. _"_:';'_ -.. -,::-:;:"._ __C_,-'_\: .~_'__'.'-.; ':"_-_'_._ "-,_.:>,_
KNOW ALL MEN BY THESE pg~SEN~'~;~;TBatf:lr~t $ft~9r;:rSUr~_~,;rnc., a corporation of the Commonwealth of Penl1'
"Company") has made, constituteq~nd:~ppo1Ql€1d/and~yjhese pr~ints does make, constitute and appoint '2 .;;:-.~_ '._ -_~ ~_
Caviae. sh1Ck~-'David R Turcios-a-nd/or Steven Schumacher all of Tampa, Florida -,--
its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a
~::in~I;r:c!Sp~~r?~~~r~;k;:~;~~~li~~~S~~gfts~~~~~tf~ll~~~~-~w1ti~~~~~~~&-~~Mj~~},f~~i,~~~j,~;~~y-l~F~(;hii~ iil~
binding ujJon'the-said Corporation as fully and to the same extent as if signed by the duly aulhorized officers'-bf the'.Corporation oand-'sea1edwm;'ltS"""~"'-- -""",.-
corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed.
This appointment is ma~e pursua~t-Iott~e fqllOWin-Q ,8YJa:~_:whi,~hw~r~{july adopted by the Board of Directors of the
with all Amendments thereto and are stjJlin.Jullforee and effect - - , -
,!(,:';:i:,:'".;;;;.""",,,
\h!iil'.ii,,:.h,,';d,II:,~
1,1I,'i,il,'if,.:.'.''!;:.''",I,:,:,
::ill:'I:il;ill,1,i,'iii'ii'~':::,)i::
Section 12M1. Insurance policies, bonds, recognitions, stipulations, consents. of surety and underwriting undertakings of th,e Corporation, and releases,
""':"',,:, flwe~men,t~ancf p~he~writing:=; relating ,in any ,ltfay thereto .pr.t(),,~ny ~19i!TI or 10:5.$ t~i::r(:;'under, ~h~,!l bEf"Sigqep,in,Jh~n~,~~ :;8Q9 ~n"Q~h,~1f9,fth~:, ':,::: )1',;,"'"..','1,';;:: r,'",::i\':';': "i,
',I,:, gdrp~'ra~iqh :,,:;~) ,~~,Jhe"Q,bai~;Q9~',9f:~he_~~'~rq)'.the 'President ,0r",~,.',\!q~':;:~Jesid~N, ~~,d"'~,Y,, ih? pt;iq'~t#iy~.r,"'an::,,fV5sis'~~,~ ,~~pr~~,~;rY;',"9~,:i'b):;,~,Y"a:D ;'6'~8~:~,~~~~,':":,',i:,;",' \,):',
"II" i~~F~~t,f8rtQ,~ ~Q~pbrati9~ apPO,iD,te~l~nd a,~th,8.~!z~q Qy:t0f 9~,<;l!r~8p:;.of th~ BO~t~,~ th,l:1; Pr~~(,~ent);pr';~,':,Xi,ce,~{esi,~,~f1,~,~O :m'~I~e ~}:!c~::',~i~,~,a~,Yr:~,i"""qr'.':':';I;~);i;',Py.'I,:~!",Iil\';"i 'h"
such oth'erofficers or representatives as the Board may from time to tIme determme. The seal of the Corporation shall If approPriate beafflx:€:d th~reto by'
any such officer, Attorney~in~Fact or representative. The authority of such Attomey:in-Fact and Agents shall be as prescritJed in"the: in~trument" ..
e~!~~nping ,~9:~il~,~F . P9,intmeQ;~~:":, Any_s~c~.. appointment and aU_aut~?rity _~ra,nted,m~E~,~y ~'~X''''~I~",re~RK,~~"c~,~ anX}i~,~:;,,~,y the'~~:f:r9 of girr-xK1(rs @,-S,~~iDY=:-
1~'",~!r!d,~,;E """';"':"J'~' , RJ::q~'i':',I:first ,Sealprd. SWety, Inc~ has -caused thesepreseq~"';!8,:'?'~,:':'d~If;r~,,!,Q:9,!'ld ~B~"ts corp~,~"'1:t~ sea!to_;P~~-~,~e~n,~q,_~m~eq~~pa--dLJly
atteste"th!:S'~0thday Df,p,a,nuary, 2004. "',,1,.:'1',,,:,',,;,':'" ,I",!'I,,:,,',', '''' ''''',1,'",'.','"".> -'.,<"'-',' ',_:-, ;,,"
'<~~;:";:'
.;l:.~;--=-:~lU-:">:t__
~M~~>;~'
:!. ;i'~;9:~H1~~~'~
~ (seal)\\et,~~4V
~".;.~ -,,:,,:,,-:1>3f
'''~,.;""",
First Sealord .Surety, 'In<:_:
'.' '".". .-' -: --
~. ...'.... ......~.'......J................'............<J..............>
> ;~ By:. '.~ ...
/'
Gary L Bragg, Secretary JoeID.Cooperman,Vi,c,e President
~fnr~:6f '. ..' ,. . ,.' .. 'if~~t!'!,f::;i:ill~ri)~!;i:;,. il"Y',' .J' (I>.
d~ tq\$ Qbt;"",,~y ofJariJJ~ty, 2004,' before me per_sonally appeared Jo~l rJ: c~'1'5'~',~rma'n:'r"\li':G~-,:;,i?'les ,t of First",,'al()rd Sure!Y",lnc.,'wltl:(~On]~~m
personally acquainted, ,who, being by me duly sworn, said that he resides in the Commonwealt~ of Pennsylyania, that heisVice Presidentof First
Sealord Surety, Inc., thecqfporation described in and which executed the foregoing instrument; that he~<nows the corpor?tese,i31?(th~:.sald, ';""",'
"iii" "/""'" Gq~PIPh,.rar \'dli?'~~l; ~;~.,J:;ilffi ,It~,e~t.ot ~~i~'~'~~R" [1];,,~::i)StB ,yfc8. Cjj(,eRrj!I~.,.,;',frl; b1haj1i!! ~St~~?}~X~~I.~, ( ~r~~~;pf\,p "~,,i'[!e9 I:?i ,,'. ~Il~ g.~r~'~;~i~.Qi"I.'III!'r:'ilili'I'
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,',l,,':the yn:dersjg~'~d,.:Sec~~f;:it9 of First Sealord Surety, Inc. do hereby certify th,~~':,~he ~rigln~l P?,I\'V@'r 9f~tM;kney"o1"'1DICh the foreg()ill9ls a tul!"t~J,1tr-$~tl
';'1",,", ",I', "';,:,',',;; '~,fr~~~:'.'q'bpy':";l~'f~ full fo~~,~::and effect on the date of this Certificate:~md I do rU#r,~~.Ii~'~rt'f~"',tq}'~:'~i;,tHe',;Q:~cer WhOi~:~~cuted.t[le~aid-pq~er,er-Att~~~~y~~~
on'e 'of the Officers authorized by the Board of Directors to appoint anAttorneY~H't:-Fact as 'provided in Section 12-1 of the By~Lawsof First Sealqf'd
Surety, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By-Laws of First Sealord
Surety, Inc.:
., .".c'
.Attest: "
',':'~:~' .,-""
"Section 12w2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistallt Seyretarr~n"-
any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12-1 -ofthe By-Laws '--
appointing and authorizing an Attorney-in-Fact to sign in the name and on behalf of the Corporation surety bonds, underyJriting undertakings, or other
instruments described in said Section 12-1, with like effect as if such seal and such signature had been' manually affixed and made."
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of theCorporatioil to these presents
this_-llltll day of DecrniJGr
.20-0(;....
This power of attorney is void unless the Bond number is inserted in this paragraph (insert Bond # here a... 7'11'f----- ), the bond
number is the same number as on the original bond, d the bond number has been inserted by an officer or employee of the Company or by the agent.
(seal)
First_Sealord_SUl;et)'_POA.doc- (Ed. 01/20/2004)
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Qualifier Certification Information
16 810
CDPR2307 - Qualifier Certification Information
Collier County Board of County Commissioners
CD-Plus for Windows
Printed on 10/3/200 1:09:51PM
CERT NBR:
12870
QUALIFIER NBR:
12870
DALE F, HANNuLA
CLASS CODE: 4235
LANDSCAPING RESTRICTED CONTR.
STATE NBR:
STATE EXP
COUNTY CaMP CARD: 3432SC
LIAS EXP
1/13/2007
WC EXP
1/1/2007
ORIG ISSD
1/20/1993
RENEWAL
EXPIRES
9/30/2007
DBA:
HANNULA LANDSCAPING, INC.
WC EXEMPT: N
OL EXEMPT: y
ADDRESS:
28131 QUAILS NEST LANE
EXEMPT EXP DATE:
CITY:
BONITA SPRINGS
FL
34135-6932
PHONE:
(239)992-2210
FAX:
(239)498-6818
UTE: It is the qualifier's responsibility to keep all business, licenSing and requirements
urrent and to provide up to date copies for Collier County files. This includes all insurance
ertificates and any change of address information.
of
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Qualifier Certification Information
16810
CDPR2307 - Qualifier Certification Information
Collier County Soard of County Commissioners
CD-Plus for Windows
Printed on 10/3/200 1:08:52PM
CERT NBR;
18618
QUALIFIER NBR:
12870
DALE F. HANNuLA
CLASS CODE; 4220
IRRIGATION SPRINKLER CONTR.
STATE NBR;
COUNTY CaMP CARD:
STATE EXP
LIAB EXP
1/13/2007
WC EXP
1/1/2007
ORIG ISSD
7/31/1998
RENEWAL
EXPIRES
9/30/2007
DBA:
HANNuLA IRRIGATION. INC.
WC EXEMPT: N
OL EXEMPT: Y
ADDRESS:
28131 QUAILS NEST LANE
EXEMPT EXP DATE:
CITY;
,
BONIT.>' SPRINGS
FL
34135-
PHONE:
(239)992-2210
FAX:
,OTE: It is the qualifier's responsibility to keep all business, licensing and requirements
:urrent and to provide up to date copies for Collier County files. This includes all insurance
:ertificates and any change of address information.
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16810
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
8. Any addenda have been signed and included.
9. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
11. The mailing envelope must be sealed and marked with:
<:>Bid Number;
<:>Project Name;
<:>Opening Date.
12. The Bid will be mailed or delivered in time to be received no later than the
specified openinq date and time. (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
-.H..tJ~.t~"'f'~ Mt.
Bidder Na8 l . I
(J~ ~ ~~ r/ ~,'J..A
Signature & Ti Ie
DATE: Dec..~ l~ I 9-0D-b
TPA#1953633.11
GC-P-12
16 B 10
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with Hannula Landscaping, Inc. ("Contractor") of 28131
Quails Nest Lane, Bonita Springs, FL 34135 a Florida corporation, authorized to do
business in the State of Florida, to perform all work ("Work") in connection with
Goodlette Frank Road Landscape Project (Golden Gate Parkway to Pine Ridge
Road), Bid No. 07-4093 ("Project"), as said Work is set forth in the Plans and
Specifications prepared by A Boorman & Associates, the Engineer and/or Architect of
Record ("Design Professional") and other Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: eight hundred fifty six thousand nine
hundred fifty dollars and three cents ($856,950.03).
GC-CA-1
16 B 10
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms.treas.qov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and liquidated Damaaes.
A Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within one hundred and twenty (120)
calendar days from the Commencement Date (herein "Contract Time"). The date of
Substantial Completion of the Work (or designated portions thereof) is the date certified
by the Design Professional when construction is sufficiently complete, in accordance
with the Contract Documents, so Owner can occupy or utilize the Work (or designated
portions thereof) for the use for which it is intended. Contractor shall achieve Final
Completion within sixty (60) calendar days after the date of Substantial Completion.
Final Completion shall occur when the Agreement is completed in its entirety, is
accepted by the Owner as complete and is so stated by the Owner as completed. As
used herein and throughout the Contract Documents, the phrase "Project Manager"
refers to the Owner's duly authorized representative and shall mean the Division
Administrator or Department Director, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
GC-CA-2
16810
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, one thousand two
hundred and eighty eight ($1,288.00) for each calendar day thereafter until
Substantial Completion is achieved. Further, in the event Substantial Completion is
reached, but the Contractor fails to reach Final Completion within the required time
period, Owner shall also be entitled to assess and Contractor shall be liable for all
actual damages incurred by Owner as a result of Contractor failing to timely achieve
Final Completion. The Project shall be deemed to be substantially completed on the
date the Project Manager (or at his/her direction, the Design Professional) issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek to characterize
the above noted liquidated damages as a penalty, which the parties agree represents a
fair and reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time
periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
GC-CA-3
16 810
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Exhibit 0:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by A. Boorman & Associates
and identified as follows: Goodlette Frank Road Landscape
Project (Golden Gate Parkway to Pine Ridge Road)
as shown on Plan Sheets 1 through 65.
Contractor's List of Key Personnel
Stored Materials Record
Section 7. Notices
A All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
GC-CA-4
16 B 10
Pamela Lulich, RLA
Landscape Operations Manager
Robert Petersen, Project Manager
Collier County Alternative Transportation Modes
2885 Horseshoe Drive South
Naples Florida 34104
(239) 774-8192
(239) 213-5899 (fax)
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
Dale F. Hannula, President
Hannula Landscaping, Inc.
28131 Quails Nest Lane
Bonita Springs, FL 34135
(239) 992-2210
FAX: (239) 498-6818
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
GC-CA-5
16 B 10
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assians.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governina Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire Aareement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Chanae Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
GC-CA-6
16 B 10
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
****
GC-CA-7
16 B 10
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
CONTRACTOR:
^-f.-U
SS
----r;n e G<YV61:lC-
S Type/Print Name
~ J-1/A.(j
SECOND WITNESS
(;OVlIOv bome:z
Type/Print Name
By:
Hannula Landscaping, Inc.
O~'j.~-"A--
D..lc. f" liILA.tlVWt.... PiCL\;J..k _
Type/Print Name and Title
Date: ',' ,~~J~:
~..'," . . '. ~ .\
ATTEST:, ..
..;./., '
OWNER:
DW.iM".~~...~le.~.-
'tBYf/1~~
"tilt. a~' tt"Cllaf,...,.
Sfil'l.'.lture 0Il1~.
Approved As To Form'
and Legal Sufficiency: ~
p'"tN,me~'
Assistant Co nty Atto ey
BOARD OF COUNTY COMMISSIONERS OF
COLLI::GO:,:i~~
GC,CA-8
Bond Ntmber: 07-17t 6 B 10
EXHIBIT A
PUBLIC PAYMENT BOND
Goodlette Frank Road Landscape Project
(Golden Gate Parkway to Pine Ridge Road)
Bond No. 07-1789
Contract No. 07-4093
WHEREAS, Principal has entered into a contract dated as of the _ day of
2006 with Obligee for Goodlette Frank Road Landscal'e Prgiect (Go~den Gate Parkway
, to FIDe lll.{1gC Reaa
in accordance with drawings and specifications, which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Surety be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this
day of 2006, the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
TPA#1953633.11
GC-CA-A-1
16 B 10
Signed, sealed and delivered
in the presence of:
PRINCIPAL
Hannula Landscaping, Ine.
BY: (J~/&~_
NAME: D...I~ F. 1tQ."""'~
ITS: 'P~,;~....!-
STATE OF 11c:riJa,
COUNTY OF lee.
. s rum nt was ?cknowledged before me this &:>~ day of fY'/aAtr.11
e.., II a. , as --fh-s~oer;:r- of
, a' corporation, on behalf of the
corporation. He/she i p sonally known to me OR has produced as
identification and did (did not) take an oath.
~GinaD._
! . Myeomm_OO308719
v...~ ExpirelAprlI 22. 200B
NAME:
~/()~
(Si nature of Notary)
GfYl 'D~5
(Legibly Printed)
My Commission Expires:
(AFFIX OFFICIAL SEAL)
Notary Public, State of Tfcx-da
Commission No.: D'D3c'S 11 '1
SURETY:
ATTEST:
First Sealord Surety, Inc.
(Printed Name)
33 Rock Hill Road
llAla Cynwyd, PA 14202
(Business Address
(Authorized Signature)
Witnesses to Surety
(Printed Name)
TPA#1953633.11
GC-CA-A-2
16 810
~c
-
----.,
OR
o
~p dJ. /J
As Attorney in Fact
(Attach Power of Attorney)
S)~ Q. ~
Witnesses
David B. Shick
(Printed Name)
]ii!;],v l3eJajalilinoRoad
TAmpa, _ FL 33634, .
(Business AddreSteJ
(813) 243-1110
(Telephone Number)
STATE OF
COUNTY OF
Florida
Hillsborough
The foregoing instrument was
March , 200gz by
Attomey- In-Fact
Surety, on behalf of Surety.
N/A
take an oath.
acknowledged before me this 14th
David B. Shick
of First Sea10rd Surety, Inc.
He/She is personally known to me OR has produced
as identification and who did (did not)
day of
, as
My Commission Expires:
~Qt+
(Signatur 3
(AFFIX OFFICIAL SEAL)
Name: Holly J. Dix
(Legibly Printed)
Notary Public, StatE) qf:
Commission No.: Ii '.-
./" '-" I.i,.....,:..
'': Ho;,).;:-", "'_,'
,;l ~'~:f,(>'.~':::::':; -'\ ~~L"~:2Y:;
.~~===._-,
TPA#1953633.11
GC-CA-A-3
16 810
EXHIBIT A
PUBLIC PERFORMANCE BOND
Goodlette Frank Road Landscape Project
(Golden Gate Parkway to Pine Ridge Road)
Bond No. 07-1789
Contract No. 07-4093
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
as
Hannula landscaping, Inc.
First Sealord Surety, Inc.
Surety, located
at
33 Rock Hill Road. MIa Cvnwvd. PA
(Business Address) are held
Collier County Board of County Carrnissioners
Eight Hundred Fifty Six Thousand Nine Hundred Fifty and 03/100
($ 856.950.03 ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
and
firmly bound to
, as Obligee in the sum of
WHEREAS, Principal has entered into a contract dated as of the
, 2006, with Obligee
Goodlette Frank Road landscape Project (Golden Gate Parkway to Pine Ridge Road)
in accordance with drawings and specifications, which contract is incorporated by
reference and made a part hereof, and is referred to herein as the Contract.
day of
for
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract;
and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not affect Sureties
obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to
be performed hereunder, or the specifications referred to therein shall in anywise affect
its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
TPA#1953633.11
GC-CA-A-4
16 810
This instrument shall be construed in all respects as a common law bond. It is
expressly understood that the time provisions and statute of limitations under Section
255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNE~~ WHEREOF, the above parties have executed this instrument this
day of ~ ,200fT, the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
Signed, sealed and delivered--
in th,e pres.ence of: . ,/ .
'-- -l~ ~ O~;;J (--::::>
PRINCIPAL
Hannula Landscaping, Inc.
NAME:
ITS:
BQA1~~
Di~I;iMl4J~
~
STATE OF a.
COUNTY OF
(AFFIX OFFICIAL SEAL)
~The for.egoing instrument wa
~_ ,2001, by
~ of
6r'ctA. corporation,
personally known to me OR has produced
as identification and did id :ot) t~~an oath.
My Commission Expires: - 1YkrNt1
(Sig ature)
Name: (~ro. :D--rhYno.s
(Legibly Printed)
Notary Public, State of: 1fun&t
Commission No.: ~"3'lL q
this ~ day of
, as
a
is
Gin8 D. Thom"
~ '_.~ 00308719
R . My comml~'
\;:.. ';/ EJ<Pire. N1ril22. 200&
TPA#1953633.11
GC-CA-A-5
ATTEST:
Witnesses as to Surety
~~.
s~~ u_ ~
Witnesses
STATE OF Florida
COUNTY OF Hillsborough
16 B 10
SURETY:
First Sea10rd Surety. Inc.
(Printed Name)
33 Rock Hi 11 "nod
Ba1a Cynwyd, PA 14202
(Business Address)
(Authorized Signature)
(Printed Name)
OR
~
~J J). ;a---~
As Atto(ney in Fact
(Attach Power of Attorney)
David B. Shick
(Printed Name)
7217 Benjamin Road
rllllPa, FL 22634
(Business Address)
(813) 243-1110
(Telephone Number)
The foregoing instrument
March , 200~ by
of First Sea10rd Surety, Inc.
behalf of Surety. He/She
N/A
My Commission Expires:
(AFFIX OFFICIAL SEAL)
TPA#1953633.11
was acknowledged before me this 14th day of
David B. Shick ,as Attorney-In-Fact
, a Surety, on
is personally known to me OR has produced
as identifica~1JJ~~1 who did~) take an oath.
~e)~
Name: Holly J. Db<
(Legibly Printed)
. " .t'~
'" HI) " J(;:I -(C"(
M/ (,::,:,::)"1(:", DD51~n;:4
E,( ~ ." ','''~'r)
Notary Public, State of:.
Commission No.:
GC-CA-A-6
First Sealord Surety, Inc.
Power of Attorney
powerN~
-', -'.-- "- .' .-,
KNOW ALL MEN BY THESE PR~,~_~NT~-: !h~t Ff?,ls'@elo,td Surety. Inc., a corporation of the Commonwealth of Pennsylvania!. (her€lln~fter th~
'::ompany") has made, constituted-'?fld, i!Ppoint~~,>,~~nd bY-1hese prB$(;lnts does make, constitute and appoint
David-S; -ShiCktDavid--R.:Turcios and/or Steven Schumacher all of Tampa, Florida
its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a
similar nature as follows:
',,_'_ ....._ ,_,,' '"';****:-_.Not To Ex~eed four Million D()lIars~._._m~m_.___--.__';~__($4.-o~Q.OOO.OO) ********** ._
c :'SuctJi_nslJr~mce-P.olipies,_~uretybofld::;, undertakings and instruments 'for said p~rpQses"when dulyexecut7d t)y theafores~id/1.ttorney~in~Facti shall be
~binding llponthe said CorporationasfuUy and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its
corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed.
This appointment is made pursuant tathe following By~Laws which were duly adopted by the Board of Directors of the said Corporation on April 7, 2003
with all Amendments thereto and are still in full force and effect
"Article XII; Policies, Boilds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto.
Section 12~1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases,
agree'11ents and oth~r wri,tirg,s"rela!ing in any way thereto or to any claim or los$ thE~re~nder, shall be, ~igned in the name and on, behalf of the
Corpor<:lt~pn:,,~)bY t~e C~ain;nanofth,e ~oard, the Presi~ent or aYice President,ahd by ,the, Secretary or.an A$sistant Secretary;: or ,~) ~y an Attornei
;in-Fact fa.rthe',Corp6ratio~" apPOinted,alld, ay,tho,ri;2:ed bY"the Chairm~n c}f'the Board,,,,thePre,sid.~nt,,era Vice Pf~sident ~o tTia~e,such signature; ,or ,c) qy
such 'other officers or representatives as the Board may from time to time determine. The seal of the Corporation shall if appropriate be affixed thereto'by
any such officer, Attorney-in~Fact or representative. The authority of such Attorney-in-Fact and Agents shall be as prescribed in the instrument
evidencing their appointment. . Any such appointment and aU authority granted thereby may be revok,ed at any time by the Board of Directors or by any
person erpPo'vVeri:ld"to 'makes~ch appointment."
", ""'" <" .,'",.,,: ",'\', ,,', ,. '",,' ", ',,", '
':',IN,W~Tt1'~S5:"~HE'REOFlfjrst Sealprd Surety, Inc. has caused these present&.to,~egulysigned and its corpo~a~,seal tQ be hereunto affixed and duly
. atleslea'this '20th day of January, 2004.' . '
".~(...- First Sealord Surety, Inc.
ffftFi;~:;,
~ E- 1$ 9 iVl-<._~
.\--'.,,- ~!"
(Seal)\~~"~$l Attest:
>\,~~ ... ';:'",""
"'~"'\"
~c~
/'
Gary L. Bragg, Secretary
By:
Joel ~ President
Commoflwealthot,pennsylvpn'ia
" 'ou~ty .01 Montgomery'
, " " ,
""On :thjs,,~Othday of January" 2004, before me personally appeared Joel D. COOp,erill,an, Vi.ce";President of First Se:,?lord Surety, Inc., with whom I am
personally acquainted, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is Vice President of First
Sealord Surety, Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said
CprPI?{~tiqn; thatth,~,,$~,alafti>:ed tq sa,!d.jns.tr~lT!~nt is sucrc9rpo~~te;;,~eal; that,it W~S~? ~ffixedpy oqjer 9f ,t~;e:~oard,,;?f Q.i(ecto~,,of,~aid,CB~pp~ption;
andlh~;t ~~s: ed pis name tQer~\p9s YicePresident of sai~. Co\Po\ati~n by iiKe ~.~Ih,p'i\y OMM NWTMbF 'N YlVANIA .
;Z...t,..~., . ~' . ',.' ~.:~' . ", ' .. . ......."'W.',
1;."r"-;;"~-r,. '" ,. '.' - v;e' ~ AnIhoI1YT:~NoII;yN.c
(seai)\lc(t'~ ~j~! -4 p' .-7/ - Notary Public l<lwerMerlonlWp..MoIlIgomefyc...nty
\l'~ ,i'i! My~~Aug.5.20jO
"\~o'~;"'I'~......, ~
";':!!l;;:;".~';.~~ , CERTIFICATE .:, .M8mbe~;"P8f'l~.~tonOfNotarf&s
I, the unders'l!;l't'ied Secret;3ry of First Seaford Surety, Inc. do hereby certify that the originalPower of Attorney of which the foregoing is a full, true and
corred copy. Is in full fon:::e ~nd effect on the date of this Certificate and I do furttJer~rtifytha.t the Officer who ex:e,cuted the said Power of Attorney was
one o'f the Officers authoriZed by the Board of Directors to appoint an Attomey-in-Fact as provided in Section 12~1 of the By~Laws of First Sealord
Surety, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By-Laws of First Sealord
Surety, Inc.:
"Section 12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on
any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12-1 of the By-Laws
appointing and authorizing an Attorney-in~Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other
instruments described in said Section 12-1, with like effect as if such seal and such signature had been manually affixed and made."
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents
this _ day of
.20_.
This power of attorney is void unless the Bond number is inserted in this paragraph (insert Bond # here 07-1789 ), the bond
number is the same number as on the original bond, d the bond 0.'ur.bi:::r h23 been inserted by an officer or employee of the Company or by the agent.
(seal)
FirSI_Scalord_Surety_POA.doc (Ed. 01/20/2004)
!lAIC II
01/13/07
01113108
COMeJNeDSINGLELlMlT
(E&uci!id6rll)
'1,000,000
aOOILYItWf'tY
(Pet_)
.
t:lOD!LV:mJ\JFty
(hiatdd.~
.
PRQFt6RTY'DAMAGE
(Par~)
.
OTHeR:TJiAW
AUTO ONLY:
AUTO ONLY ~ EAACQlbSIin'
EA ACe
.""
CPP0891533
01/13107
01/131ll8
SACHOCCURRENCE
AGGi'tEGATE
.
.
.
.30000
.30
.
.
,
001WC07 A40029
01/01107
01101/08
x
WCSTArlJ~
o
E,l.EAOH ACCIDENT $500 000
E.l. "",EASE ~EA......OY .500000
!::.l. OlSEASE - POLlCY LJMIT $50D~DOO
J~~rto:Nsf~ta,.ESf~SJONS~DDiSt> BY ENDQRSEMeKTISPEClAlPROVISIONS
med as AddltionallnslJred on a primary basis as
labillty 'Only as needed by contract, per form GA 472
1001 " 'nHollce. Umb....lla Is in excess of all policies
$hoWll o? thlf certificate. Umbrella Coverage Is In excess over all coverage shown on
(See Attached llescrlptlons)
CERTIFICATE HOUlER CANCELLATION
Board of County Commissioners
Collier County Florida
330.1 Ea.t Tamlaml Trail
Naples, FL 34112
SHOULO AW( OF THE ABOvE OESCRIBED POLICIES BE CANCELLED BEFORE THE EXPiRAnON
DATE TliE.REOF, THE ISSIJING INSURER Will ENDEAVOR TO MAlt.. ---1.0.- DAYS WRITTEN
NOTICE TO THE CERTIFlCA 11':: HOLDER. NAMED TO THE LEFT, aUT FAILURE TO 00 so SHALL
IMPOSE NO OaUGATION OR UASILITV OF ANY KIND UPON THE INSURER, Irs AGENTS OR
ACORD 25 (2001/08)1 of 3
#S305825/M305754
CAH
.. ACORD CORPORATION 1988
16 BIO
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATiON IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of sueh endorsement(s).
DISCLAIMER
rile Certificata of Insurance on tha ravarsa side of this form does not constitute a contract between
the i$SUing insurer(s), authorized representative or producer, and the certificate holder, nor does it
al'lirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001108) 2 of 3
#S305825/M305754
- is certificate.
Contract #01-4073 US 41 Tamiaml Trail North (SR45) Phase V Wiggins Pass
to County Une.
AMS 25.3 (2001108)
3 013
#S3058251M305754
16 B 10
EXHIBIT B
INSURANCE REQUIREMENTS
(1) The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed
minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and
amount of such self-insured retentions or deductibles and prOVide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole
responsibility.
(Z) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the Project by the Owner or as specified in this
Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in
Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice
of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place
the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of
all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner.
,j) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of
policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor
shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor
from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor
hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance
program carried by the Owner applicable to this Project.
(7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or
agreement by the Owner that the insurance requirements have been satisfied or that the insurance
policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors work, insurance of the types and to the limits specified in this
Section unless such insurance requirements for the Subcontractor are expressly waived in writing by
the Owner.
(9) Should at any time the Contractor not maintain the insurance coverage's required herein, the
--'wner may terminate the Agreement or at its sole discretion shall be authorized to purchase such
GC-CA-B-1
coverage's and charge the Contractor for such coverage's purchased. If contr!tf?fa~s 1 Qimburse
--')wner for such costs within thirty (30) days after demand, Owner has the right to offset these costs
.rom any amount due Contractor under this Agreement or any other agreement between Owner and
Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage's purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
(10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or
replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their
expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be
considered justification for the Owner to terminate the Agreement.
(11) All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.1 All insurance policies, other than the Business Automobile and Workers Compensation
policies, provided by Contractor to meet the requirements of this Agreement shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under
this Agreement and shall contain a severability of interests provisions.
11.2. Companies issuing the insurance policy or policies shall have no recourse against
Owner for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Contractor.
11.3. All insurance coverages of Contractor shall be primary to any insurance or self-
insurance program carried by Owner applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by Contractor shall not apply to any
insurance or self-insurance program carried by Owner applicable to this Project.
11.4. The Certificates of Insurance, which are to be provided on the form set forth in
Attachment I to this Exhibit B, must identify the specific Project name, as well as the site
location and address (if any).
11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
11.6. All insurance policies to be provided by Contractor pursuant to the terms hereof must
expressly state that the exclusive venue for any action concerning any matter under
those policies shall be in the appropriate state court situated in Collier County, Florida.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? ~ Yes D No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
~ontractor during the term of this Agreement for all employees engaged in the work under this
GC-CA-B-2
Agreement in accordance with the laws of the State of Florida.
-'ot be less than:
16 B 10
The amounts of such insurance shall
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(Z) The insurance company shall waive all claims rights against the Owner and the policy shall be
so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work. (check one)
o Applicable [gJ Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work. (check one)
o Applicable [gJ Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? [gJ Yes 0 No
(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,
Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage. Limits of Liability shall not be less than the following:
X
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
(Z) The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit
under LIMITS OF INSURANCE applies separately to each of your projects away from premises
owned by or rented to you."
GC-CA-B-3
(3) The Owner shall be named as an Additional Insured and the policy shall 1 ~d~slQat such
- 'Jverage shall be primary to any similar coverage carried by the Owner.
(4) Coverage shall be included for explosion, collapse or underground property damage claims.
(5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement. (check one)
o Applicable [glNot Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if
applicable to the completion of the work under this Agreement. (check one)
o Applicable [gl Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property required to be covered,
"hichever is earlier. This insurance shall include interests of the Owner, the Contractor,
.Jbcontractors, Sub-subcontractors and Material Suppliers in the Work.
(Z) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover
reasonable compensation for Professional's services and expenses required as a result of such
insured loss. At the Owner's option, flood and windstorm insurance will also be purchased.
(3) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for
any deductible associated with the all-risk policy described above shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents. The responsibility of the Contractor for any deductible associated with the flood or
windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit.
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
GC-CA-B-4
16 B 10
Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors
,nd Sub-subcontractors in the Work.
(6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (Z) the
Design Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall
provide waivers of subrogation by endorsement or otherwise.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made
payable to the Owner for the insured, as their interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? 161 Yes 0 No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:
X Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
.1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability,
and Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
(Z) The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
GC-CA-B-5
OUNTY OF COLLIER
STATE OF FLORIDA)
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
16 B 10
Before me, the undersigned authority. personally appeared
who after being duly sworn. deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns. all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated , 2006 for the period from
to excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors. material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, ciaims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2006, by
. as of ,a
corporation. on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
TPA#1953633.11
GC-CA-C-1
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
16 B 10
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
Original Contract Time:
Revised Contract Time:
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
= Less Retainage $
Less previous payment (s) $
% AMOUNT DUE THIS
% APPLICATION $
Retainage @ 10% thru[insert date] $
Retainage @ _ % after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
ON TRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
,eceived from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
TPA#1953633.11
GC-CA-D-1
16 810
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EXHIBIT E
CHANGE ORDER
16 B 10
TO:
Project Name:
FROM: Collier County Government
Construction Agreement Dated: Bid No. :
Date:
Change Order No.:
Change Order Description
Original Agreement Amount ..__..__....__.__.____..__.____.__...........__....____....$
Sum of previous Change Orders Amount ____.__.______________________.....__.$
This Change Order Amount __..______.__________.____..__....__.____..____.__.________$
Revised Agreement Amount... __. ____. __....____. ..____. ....__. __. __ __... ..____..____. $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and
will be performed subject to all the same terms and conditions as contained in the Agreement, as if
the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall
constitute a full and final settlement of any and all claims of the Contractor arising out of, or related
to, the change set forth herein, including claims for impact and delay costs.
Prepared by:
Date:
Project Manager
Recommended by:
Date:
Design Professional
Accepted by:
Date:
Contractor
Approved by:
Date:
Department Director
Approved by:
Date:
Division Administrator
Approved by:
Date:
Purchasing Department
Authorized by
Director
Date:
(For use by Owner: Fund
Numbe~ )
Cost Center:
Object Code:
Project
GC-CA-E-3
16 B 10
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
Design Professional's Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL. and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive.
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
TPA#195363311
GC-CA-F-1
16 BID
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on
,2006
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2006
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
.2006
OWNER
By:
Type Name and Title
TPA#1953633.11
GC-CA-F-2
EXHIBIT G
FINAL PAYMENT CHECKLIST
16 B 10
Bid No.: Project No.:
Contractor:
The following items have been secured by the
for the Project known as
Date:
,2006
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
By Contractor:
(Company Name)
(Signature)
(Typed Name & Title)
By Design
Professional:
(Firm Name)
(Signature)
(Typed Name & Title)
By Owner:
(Department Name)
(Signature)
(Name & Title)
TPA#1953633.11
GC-CA-G-1
16 B 10
EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
TPA#1953633.11
GC-CA-H-1
16 B 10
those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor Shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
TPA#1953633.11
GC-CA-H-2
16 B 10
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.Z The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday
through Saturday. Lanes may only be closed between the hours of 9:00 a.m. and 3:30
p.m. No work shall be performed outside the specified hours without the prior approval
of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
TPA#1953633.11
GC-CA-H-3
16 B 10
4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each subsequent Application for Payment, Contractor also shall
complete and submit to Owner as part of its Application for Payment, the Stored
Materials Record attached hereto and made a part hereof as Exhibit a.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner. The Project Manager shall have the discretion to establish, in writing, a
schedule to periodically reduce the percentage of cumulative retainage held through out
the course of the Project schedule. Owner reserves the right to reduce the amount of
the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing
Policy.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
TPA#195363311
GC-CA-H-4
16 B 10
4.7 Each Application for Payment shall be accompanied by a Release and Affidavit,
in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full
for all materials, labor, equipment and other bills that are then due and payable by
Owner with respect to the current Application for Payment. Further, to the extent
directed by Owner and in Owner's sole discretion, Contractor shall also submit a
Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the
form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor
or supplier has been paid in full through the previous month's Application for Payment.
The Owner shall not be required to make payment until and unless these affidavits are
furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time;(f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
TPA#1953633.11
GC-CA-H-5
16 B 10
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
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substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
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8.
DAILY REPORTS, AS-BUlL TS AND MEETINGS.
16 B 10
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
8.1.3
personnel;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractors
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1,10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
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faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
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9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (H) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
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sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim.
Claims not settled by the aforesaid procedure, shall be resolved according to the
Dispute Resolution Procedure copies of which are available in the County Attorney's
Office or Purchasing Department. All Claims shall be priced in accordance with the
provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
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or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
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for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
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bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
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of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-letting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
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notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
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they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
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the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
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23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Builder or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
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as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
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shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.8, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
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encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
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28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
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meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
perfonmance upon completionltermination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.neUpurchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor
shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
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appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
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33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-perfonmed by'Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those tenms may apply to the portion of the Work to be
perfonmed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner will be an additional insured on
all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties
directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the
subcontract or purchase order. Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract, copies of the Contract
Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
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33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
34.1.4
34.1.5
34.1.6
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
34.1.12
34.1.13
34.1.14
34.1.15
34.1.16
34.1.17
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Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
GC-CA-H-27
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
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Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format. Presentations may include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
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EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
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EXHIBIT J
TECHNICAL SPECIFICATIONS
GOODLETTE-FRANK ROAD LANDSCAPE PROJECT
(Golden Gate Parkway to Pine Ridae Road)
A. Gail Boorman & Associates
Landscape Architects
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16 B 10
16 B 10
SECTION 11I- GRADING AND SITE PREPARATION
ART 1
GENERAL
1.01 RELATED DOCUMENTS
A. All applicable provisions of the Bidding and Contract Requirements, and General
Requirements shall govern the work under this section.
B. Goodlette-Frank Road Landscape Project Plans.
C. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation
Sections and the Collier County D.O.T. Roadway and Traffic Design Standards.
D. Collier County MOT policy Policy #5807
E. Collier County Streetscape Master Plan
F. Goodlette-Frank Road Landscape Project Plans.
G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of
Plant Industry Grades and Standards for Nursery Plants, latest volumes.
1.02 WORK INCLUDED
A. Provide all labor, materials, necessary equipment and services to complete the Grading work,
as indicated on the drawings, as specified herein or both, except as for items specifically
indicated as "N.I.C." not in contract items ".
B. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project
and submit to the roadway agencies having jurisdiction for approval prior to beginning work.
1.03 RELATED WORK
A. Section I - Traffic Control Plan / FD.O.T. Indexes
B. Section IV- Planting Soil Preparation
C. Section V - Irrigation
D. Section VI - Plant Material and Installation
1.04 SITE INSPECTION
A. The Contractor shall visit the site and acquaint himself with all existing conditions and
constraints. The Contractor shall be responsible for his own subsurface investigations, as
necessary, to satisfy requirements of this Section. All subsurface investigations shall be
performed only under time schedules and arrangements approved in advance by the Project
Manager or Owner's Representative.
05 EXISTING GRADES
A. The existing grades if shown on the drawings are approximate only, and the contractor is
responsible for grading to meet proposed and/or existing grades as required.
B. The existing grade for all median work shall be based upon the top of existing curbing.
C. Grading and drainage modifications shall be accomplished as per the plans and notes. The
contours and/or grades established under contract will be the finished grades shown. The
contractor under this contract shall perform the Work for construction using the existing
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finished grades previously established and modified in designated
corrections and/or repairs to grades to make them consistent with
the requirements of the drawings and specifications.
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areas making whatever
D. Established finished grades shall be approved by the Owner's Representative or LandscapE:
Architect for all project landscape areas prior to initiating landscape planting.
1.06
A.
UTILITIES
In accordance to State of Florida law before starting site operations, call for utility locations
from the appropriate agency and verify that the earlier Contractors have disconnected all
temporary utilities which might interfere with the grading work.
B. Locate all existing active utility lines traversing the site, and determine the requirements for
their protection. Preserve in operating condition all active utilities adjacent to, or transversing
the site that are designated to remain, or are installed by this project.
C. Observe rules and regulations governing respective utilities in working under requirements of
this section. Adequately protect utilities from damage, remove or relocate as indicated,
specified or required. Remove, plug or cap inactive or abandoned utilities encountered in
excavation. Record the location of active utilities.
D. Utilities shall include those areas of jurisdiction of the South Florida Water Management and
South West Florida Water Management Districts. Location of these areas within the Projects
Limits, and the coordination of work within these areas, is the responsibility of the Contractor
under this contract.
1.07 QUALITY ASSURANCE
A. Requirements of all applicable building codes and other public agencies having jurisdiction
upon the work.
B. Primary emphasis should be given to the aesthetic appearance and functioning of the road
right of way and median landscape grading, as directed by the Project Manager, or Owner's
Representative. The Contractor shall employ skilled personnel and any necessary equipment
to insure that finish grading is smooth, aesthetically pleasing, drains well with positive overland
drainage, and is ideal for receiving sod and plant materials. The contractor will coordinate the
aesthetic fine grading of the landscape areas with the roadway projects grades and profiles.
PART 2
MATERIALS
2.01
A.
EXISTING SOIL
The Contractor shall apply herbicide such as 'Roundup' or approved equal as necessary to kill
existing grass, weeds, etc. in the curbed median areas, bed areas in the un-curbed medians,
and bed areas in the drainage areas.
The Contractor shall, after removal of existing sod, weeds, and soil deemed to be
unacceptable, per the plans and details, insure that all remaining existing soil has sufficient
pH, percolation and drainage to support plant material, and that extreme compaction does not
exist. Provide soil test results from approved testing lab. Remove all existing road rock fror
these areas.
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B. In all areas to receive paving the existing soils shall be removed to a sUfficie! 2p~ J Qow
for installation of pavers and base materials.
C. In all areas or locations to receive shrubs, groundcovers, trees or palms, after existing sod and
unacceptable soils have been removed, the existing soil shall be graded and the specified
topsoil shall be installed as required to meet the proposed cross section grades. Planting soil
mixes as outlined in herein and per the drawings and details shall be installed during planting
operations.
PART 3
EXECUTION
3.01 JOB CONDITIONS
A. Dust Control
Use all means necessary to prevent dust from construction operations from being a nuisance
to adjacent property owners, and from damaging finish surfaces on adjacent buildings, paving,
etc. Methods used for dust control are subject to approval by the Project Manager or Owner's
Representative.
B. Stockpiling Soil Materials
Within median limit of sight areas stockpiled soil materials shall not be permitted and in no
place shall the stockpiled materials be higher than three feet.
Stockpiled imported soil and/or removed materials shall not be allowed on paved surfaces
without the written permission of the Project Manager.
C. Protection
Use all means necessary to protect curbs, gutters, retaining walls, sprinklers, utilities and
vegetation designated to remain, and, in the event of damage; immediately make all repairs,
replacements and dressings to damaged plants necessary to the approval of the Project
Manager or Landscape Architect. Contractor shall incur all costs for the replacement of
damaged objects and vegetation. Damage of existing Trees and Palms by the Contractor will
require replacement in kind within seven (7) days of the damage.
3.02 SCHEDULING
A. Schedule all work in a careful manner with all necessary consideration for heavy traffic
periods, adjoining property owners, land parcels, and the public in general.
B. Coordinate schedule with the Project Manager and other Contractors to avoid conflicts with
their work.
3.03 EXCAVATION
A. After sufficient application of herbicide to kill grass, weeds etc. in planting areas, the median
and bed areas shall be rotortilled to a depth of (8) eight inches. Contractor shall not proceed
with rotortilling operations until authorized by Project Manager; Project Manager shall
determine when and if weed/grass kill is sufficient.
Excavate all median areas to receive paving to a sufficient depth to allow for the paving
installation materials.
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B. Materials to be excavated are unclassified.
C. Remove entirely any existing obstructions after approval by the Project Manager or Owner's
Representative.
D. Remove from site and dispose of debris and excavated material not required by the job the
same day it is excavated.
E. Remove all rocks or stones greater than one inch in diameter within the top four inches of soil
in turf areas and to an 8 inch depth in planting beds.
3.04 FINISHED GRADING
A. The Contractor shall establish finished grades as shown on the grading plans, and as directed
by the Landscape Architect and/or Owner's Representative; including areas where the existing
grade has been disturbed by other work. Topsoil as specified herein may be added as
necessary to obtain desired grades. Contractor shall provide an estimate of topsoil material to
the Project Manager for approval prior to installation.
B. Finished grading shall be smooth, aesthetically pleasing, well drained, and ready to receive
sod and other plant material to the full satisfaction of Landscape Architect and Owner's
Representative.
C. The Contractor shall use and employ the services of a registered land surveyor in the State of
Florida, to both establish project grades for fine grading operations, and also to provide
certified as-built grading plans if required.
D. Finished grade tolerances for the aesthetic grading of the landscape areas of the project shah
be Yo inch vertically and 12 inches horizontally from the grades shown on the plans, unless
otherwise required by the related documents or roadway grading and profiles.
3.05 COMPACTION
A. Compact each layer of fill in designated areas with approved equipment to achieve a
maximum density at optimum moisture, AASHTO T 180 - latest edition.
1. Under buildings, roadways, curbs, walks and other paved areas: Compaction shall be to a
minimum of 95% of maximum density.
2. Under landscaped area: Compaction shall not exceed 90% of maximum density.
B. No backfill shall be placed against any masonry or other exposed building surface until
permission has been given by the Owner's Representative, and in no case until the masonry
has been in place seven days.
C. Compaction in limited areas to receive paving shall be obtained by the use of mechanical
tampers or approved hand tampers. When hand tampers are used, the materials shall be
deposited in layers not more than four (4") inches thick. The hand tampers used shall be
suitable for this purpose and shall have a face area of not more than 100 square inches.
Special precautions shall be taken to prevent any wedging action against masonry, or oth(
exposed building surfaces. Density testing to be per County and F.D.OT standards.
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3.06 CORRECTION OF GRADE
A. Bring to required grade level areas where settlement, erosion or other grade changes outside
those shown in the drawings occur. Adjust grades as required to carry drainage away from
buildings, and to prevent ponding around the buildings pavements, and planting areas.
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B. Remove all rocks, 1" in diameter or greater, or objectionable material to depth as specified
prior to commencing landscaping.
C. Contractor shall be responsible for stabilizing grades by approved methods prior to
landscaping, and shall be responsible for correction of grades as mentioned above, and
cleanup of any wash outs or erosion.
END OF SECTION III
SECTION IV - PLANTING SOIL PREPARATION
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. All applicable provisions of the Bidding and Contract Requirements, and General
Requirements shall govern the work under this section.
B_ Collier County Streetscape Master Plan
C. Goodlette-Frank Road Landscape Project Plans.
F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation
Sections and the Collier County D.OT Roadway and Traffic Design Standards.
G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of
Plant Industry Grades and Standards for Nursery Plants, latest volumes.
1.02 WORK INCLUDED
A. Provide all labor, materials, necessary equipment and services to complete the Grading work,
as indicated in the drawings, as specified herein or both, except as for items specifically
indicated as "N.I.C." not in contract items ".
B. Including, but not limited to:
1. Topsoil placement
2. Soil Conditioners
3. Prepared Planting Soil Mixes
4. Prepared top dressing soil mixes.
C. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project
and submit to the roadway agencies having jurisdiction for approval prior to beginning work.
1.03 RELATED WORK
A. Section I - Traffic Control Plan
B. Section 111- Grading
C. Section V - Irrigation
D. Section VI - Plant Material and Installation
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1.04 SITE INSPECTION
A. The Contractor shall visit the site and acquaint himself with all existing conditions and
constraints. The Contractor shall be responsible for his own subsurface investigations, c
necessary, to satisfy requirements of this Section. All subsurface investigations shall bt..
performed only under time schedules and arrangements approved in advance by the Owner or
Owner's Representative.
Planting beds or areas containing Iimerock or otherwise unsuitable growing material as
determined by the Landscape Architect or Project Manager shall have the material removed to
an 18 inch depth and then replaced with clean native topsoil for which soil test analysis results
have been approved by the Project Manager, or specified growing quality planting material as
specified herein, before plant installation.
1.05 QUALITY ASSURANCE
A. Testing Agency: Independent testing laboratory as approved by Collier County.
B. Requirements, Reference Standards and Regulatory Agencies: Conform to requirements of
all City, County and State agencies having jurisdiction.
1.06 SUBMITTALS
A. Test Reports
Test reports shall consist of pH range, major and minor element analysis, soluble salt
concentrations, sand fraction analysis and testing laboratory recommendations as to suitability
of soil for planting and drainage. Reports shall be identified by project name, date, and soil mix
type. The following reports are required:
1. Results of existing soil analysis.
2. Results of planting soil mix analysis: One test required per each type of soil mix with
and without specified fertilizer (note: pH ranges for plant type)
3. Results of Sand Analysis: One sand fraction analysis required.
4. Results of imported topsoil analysis.
The Owner's Representative may require additional test reporting based on field and project
conditions at their discretion.
B. Certificates
1. Manufacturer's certification and/or testing laboratory certification that content of soil
conditioners meet specification requirements.
2. Manufacturer's certificate of fertilizer's chemical composition including, but not limited
to, percentage and derivation of nitrogen, phosphorus, potassium, and micro-nutrients.
3. Submit all certification to the Project Manager a minimum of one week prior to
installation of any materials.
C. Soil Samples
1. Submit a one-pound sample of each soil mix specified. Soil samples with required test
reports must be submitted by the Contractor to the Project Manager a minimum of onp
week prior to installation beginning. Each sample must be clearly labeled as to
contents.
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2. Submit one-pound sample of each soil conditioner required to mix each prepared
planting soil mix.
3. Schedule soil sample with Project Manager to verify location, time, conditions, etc. of
samples.
1.07 JOB CONDITIONS
A. Contractor shall become familiar with the site and the required work to complete this section in
accordance with the drawings and what is specified herein.
B. Contractor shall be responsible for bringing all areas to finished grade as shown on drawings.
Any changes, modifications, or disturbances to the fine grading shall be corrected by the
Contractor.
C. Protection: Protect and avoid any damage whatsoever to existing walks, pavement, curbs,
utilities, plant material, and any other work.
D. Contractor shall be responsible for stabilizing all slopes and planting soil by approved
methods.
PART 2 - PRODUCTS
2.01 TOPSOIL
A. Topsoil source for planting areas shall be provided by the Contractor from off site sources, if
test results of existing soil indicate replacement or amendment is needed.
B. Topsoil (existing and imported) shall be suitable for ornamental plant growth and free from
hard clods, stiff clay, hardpan, gravel, subsoil, brush, large roots, refuse, or other deleterious
material, and of reasonable uniform quality. Existing topsoil prior grading shall be treated with
post-emergent herbicide and after placement treated with post and pre-emergent herbicides to
remove weeds. Provide percolation testing, pH analysis, and soil analysis with
recommendations for any soil amendments from an approved testing lab.
C. Mechanical Analysis:
Materials larger than one inch shall be disposed of off the site.
Existing leaf litter and plant material shall be removed from topsoil and soil mix.
D. Maximum Soluble Salts: 300 ppm.
E. Contractor shall assure existing soils are free of any visible weeds.
F. In the event topsoil on site does not meet the above requirements, it may be amended
according to testing lab recommendations, or, topsoil meeting the requirements may be
imported from off-site sources after approval by Project Manager or Owner's Representative.
Minimum Off-Site Topsoil Requirements:
Topsoil shall be friable, fertile soil with representative characteristics of local soils. It
shall be free of heavy clay, marl, stone, extraneous lime, plant roots, refuse, sticks,
brush, litter, and any harmful materials. There shall be no exotic or noxious weeds or
weed seeds (i.e. nut grass, Bermuda grass, sedges and the like). In no case shall there
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.\.
be more than five percent (5%) by volume of stones, coarse sand, gravel or clay lumps
larger than one inch (1") in diameter. The soil shall test in the pH range of 5.5 to 7.5
and shall contain no substance which will impede plant growth. Adjustment of the pH
shall only be allowed for increasing the pH level by adding dolomitic limestone. Thr
topsoil shall be sampled and laboratory tested for certification and approval prior L
installation.
Topsoil shall conform to the following composition ranges:
Components
Organic matter
Silt
Sand
Clay
Volume Measure
.5 % to 4 %
3 % to 40 %
60 % to 85 %
3 % to 1 0 %
Particle Size
.05 - .002 mm
.20 - .050 mm
.002 mm & below
2.02 SOIL CONDITIONERS
A. Dolomitic Limestone: Approved product, designated for agriculture use.
B. Ammonium Sulfate: Manufacturer's standard commercial grade.
C. Florida Peat: Suitable for plant growth, capable of sustaining vigorous plant growth, and
specifically pulverized for agricultural use. Unlimed Florida Reed Sedge Peat shall be free of
deleterious materials that would be harmful to plant growth, shall be free of nematodes, shall
be of uniform quality, and shall have a pH value between 5.5 and 6.5 (as determined in
accordance with ASTM E70). Unlimed Florida Reed Sedge Peat shall be sterilized to make
free of all viable nut grass and other undesirable weeds prior to delivery to the project site, an"
shall be delivered with certification of sterilization.
D. Pesticides: As recommended by applicable Agricultural Public Agencies.
E. Herbicides: As recommended by applicable Agricultural Public Agencies.
F. Soil FumiQants: As recommended by applicable Agricultural Public Agencies.
G. Fertilizer:
1. Commercial grade fertilizer to comply with State of Florida Fertilizer laws. Chemical
designation shall be as specified with at least 50% of the nitrogen derived from a non-
water soluble organic source, and all potash to be derived from triple super sulfate forms
for all plantings (i.e. submit suppliers analysis affirming the above). Conform to the
following requirements:
TRANSPORTATION BLEND FERTILIZER
8-2-12 in 50 lb. Bags
Total Nitrogen (N)* ................................................................................................ 8.0
0.0 % Nitrate Nitrogen
0.0% Ammoniacal Nitrogen
8.0 % Other Water Soluable Nitrogen (and/or Urea Nitrogen)
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0.0% Water Insoluble Nitrogen
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Available Phosphorus as P205 ........................................................................... 2.0
-">oluable Potassium as K20**...........................m..............................~............... 12.00
,hlorine, Not More Than......................................................................................2.0
Derived From:
Polymer Sulfer Coated Urea,
Triple Superphosphate,
Polymer Coat Sulf Of Potash
*5.6 % Slowly Available Nitrogen
*10.8% Slowly Available Potassium
Secondary and Micro Plant Foods:
Total Magnesium as Mg 4.0
Water Sol Magnesium as Mg 4.0
Water Sol Magnesium as Mn 2.0
Water Soluble Copper as Cu 0.05
Iron as Fe (Chelated) 0.05
Water Soluble Zinc as Zn 0.05
Boron as B 0.05
Calcium as Ca 0.61
Derived From: Manganese Sulfate, Copper Sulfate, Magnesium Sulfate,
-Iron EDTA, Iron DTPA, Zinc Sulfate, Sodium Borate.
Contractor shall submit adjusted fertilizer analysis for plant type as may be
required (i.e. soil, shrubs/groundcovers, trees, and palms).
2. Note Section VI, Plant Material and Installation for additional fertilizer requirements.
H. Water: Free of substances harmful to growth of plants. Water shall also be free of staining
agents as well as elements causing odors. Potable water will be used on the project.
However, reclaimed water will be used, as available, for irrigation purposes.
I. Soil Sterilizers: As recommended by State and Local Agriculture agencies. Pre-emergent
herbicide "Surflan" or equal and Post-emergent herbicide "Roundup" or approved equal,
handled and applied per manufacturers label and instructions, as well as per all regulatory
agencies requirements and regulations.
J. Sand: Clean, white, coarse-grained (0.5 mm or greater) builders sand, free of substances
harmful to growth of plants. Beach sand and Mason's sand shall not be used.
K. Gravel: Clean (washed), and free from substances harmful to growth of plants. Gravel shall
consist of Y:," minimum diameter to 1" maximum diameter stones with 50% of the stones no
greater than 1" diameter.
L. Supply complete information on all analysis/test methodologies and results; laboratory
certifications, manufacturers specifications, and agency approvals to Project Manager or
Owner's Representative prior to placement of soil conditioners. Landscape Contractor shall
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make all modifications and improvements to soil and soil mixes deemed necessary by Project
Manager and Owner's Representative to meet requirements herein, and to ensure proper
growing medium for all plant material without additional cost to Owner, prior to planting.
2.03 PLANTING SOIL MIXES
A. Topsoil and planting soil mixtures(s) shall be suitable for plant growth and free from hard
clods, stiff clay, hardpan, gravel, brush, large roots, nematodes, weeds, refuse, or other
deleterious material, and of reasonably uniform quality.
B. Planting soil mixtures shall be prepared and placed per the plans, details and notes in all
planting holes and as backfill around the root balls of all trees if existing soil test results
warrant, when so directed by the Project Manager, as follows:
1. General Palm Soil Mix:
100% Topsoil
2. Roval Palm Soil Mix:
50% Approved topsoil
50% Clean course builders sand
1 cubic yard of mix per palm
Ph range 5.5 - 6.5
Note: Contractor shall be responsible to assure percolation of all sod areas. Increased depth
of scarification may be required to insure percolation in the sod areas of the project.
C. Trees/Shrubs and Groundcovers: Planting soil mixture shall be used to mix 50/50 wit~
existing soil and used as backfill around the root balls of all trees, which consist of a mixturL
as follows:
Blend at a 50% existing or imported topsoil and 50% planting soil mix
Plantinq Soil Mix:
20% Unlimed Florida Reed Sedge Peat
20% Compost
20% Wood chips
40% Sand (.05 - .002 mm particle size)
Note: Contractor shall be responsible to assure percolation of all sod areas. Increased depth
of scarification may be required to insure percolation in the sod areas of the project.
D. Sodded Areas: Existing soil to be tilled to a minimum 4" depth below all sod areas and treated
with RoundUp or equivalent herbicide, to ensure a clean weed-free site prior to sodding.
Note: Contractor shall be responsible to assure percolation of all sod areas. Increased depth
of scarification may be required to insure percolation in the sod areas of the project.
E. Annual Beds: Preparation and amendment of all annual beds shall be as follows if shown on
plans:
Excavated existing soil into the center of the bed for elevation and drainage.
Spread the following soil amendments evenly over the bed area.
1/3 Florida peat
1/3 Pine bark
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1/3 Clean builders sand
4 to 6 month Osmocote 1 tablespoon per plant
F. Provide certification that all planting soil mixtures are 99'10 frl'l~Lall viable nut grass, and
other undesirable weed seeds. "
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G. All planting soil mixes shall be thoroughly blended to form a uniform planting medium suitable
for exceptional plant growth.
H. Test pH of prepared topsoil and planting soil mixtures by method acceptable to current
industry standards. If pH is not between 5.5 and 6.5, add approved soil conditioner/additive
to bring pH within that range. Imported local topsoil shall have a Ph range of 5.5 to 7.5.
I. Supply complete information on all analysis/test methodologies and results; laboratory
certifications, manufacturers specifications, and agency approvals to Project Manager prior to
placement of soil mixtures. In addition, provide Project Manager with thoroughly mixed
sample of all soil mixes for approval prior to placement (note pH ranges). Landscape
Contractor shall make all modifications and improvements to soil mixes deemed necessary by
Project Manager to meet requirements herein, and to ensure proper growing medium for all
plant material without cost to Owner, prior to planting.
PART 3 - EXECUTION
3.01 INSPECTION
A. Examine areas to receive soil preparation to assure work of other trades has been completed.
Whole contiguous areas are to be prepared at the same time without patchwork or
checkerboard work areas.
B. Verify that plants to remain undisturbed have been clearly identified and protected from injury
during construction. If not, identify and protect plants to remain according to procedures set
forth in Section VI, Plant Material and Installation.
C. Remove all construction materials and debris from all areas to be landscaped, without
additional expense to Owner, prior to subsoil preparation.
D. Verify that all areas have been properly graded, and that all planting areas have adequate
surface drainage prior to planting.
E. Do not proceed with soil preparation or soil top dressings until all unsatisfactory conditions are
corrected.
F. Verity representative soil percolation test for planting pits in each project area to ensure proper
soil drainage prior to planting. Schedule percolation test with Project Manager to verify
compliance.
3.02 SITE PREPARATION
A. General: Within the entire contiguous area to be landscaped, sodded or seeded, as shown
on the drawings, the Contractor shall complete the following site preparation. Initiate site
preparation as stated herein, and coordinate all work with the existing underground sprinkler
system and electrical lines.
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B. GradinQ: Upon completion of the rotortilling of the existing sod, weeds etc. as described
herein and deemed acceptable by the Owner's Representative, the Contractor shall grade
(and place soil as may be required) in all areas to the proposed grades. Proposed grades
shall be as shown or notes on the plans. All areas shall be maintained in a true and eve'
condition. All areas shall be positively drained to existing drainage structure where existin\,
and properly compacted to prevent the formation of depressions where water will stand~ All
undulations and irregularities in the surface shall be leveled prior to initiating landscape
planting.
C. Post-Emeraence Herbicide: Apply "Roundup" or equal as manufactured by Monsanto Corp.
according to manufacturers recommended rate and specification within the limits of all areas
specified on the plans to be landscaped as needed to control weeds. Protect existing plants
from overspray. Contractor shall ensure total eradication of all existing weed and/or natural
groundcover of all areas to be landscaped within the project area prior to proceeding with plant
installation.
D. Pre-Emeraence Herbicide: Apply "Surflan" or approved equal to all areas to be landscaped
according to the manufacturers recommended rate and specification. Contractor shall be
responsible to re-apply appropriate herbicide to eradicate all remaining weeds, and maintain a
weed-free condition in all areas throughout all landscape planting areas.
E. All herbicide and soil fumigant applications shall be completed by experienced personnel only;
in strict accordance with applicable codes and regulations, and contained with the limits of
areas to be landscaped. The Contractor shall be responsible to replace all existing landscape
material present on site with equal sized material that may be damaged while applying
herbicide; including overspray or improper application of herbicide, at his own expense.
F. Acceptance: Upon completion of all site topsoil preparation, the Contractor shall request
acceptance from the Owner's Representative prior to initiating landscape planting as specified.
3.03 PERFORMANCE
A. Subsoil: Remove all construction debris, limerock, gravel, rocks and other deleterious
material over 2" in diameter, within 18" of surface in areas to receive planting and topsoil
mixtures, from the project site. Fine grade subsoil to assure finish grades are achieved by
adding the specified depth of topsoil and/or planting mixture. Finished grade is without mulch.
The Project Manager shall approve the established finish grade.
B. Soil Mixtures
1. Prior to installing planting soil, test tree pits and planting areas for percolation. If areas do
not drain; it is the Contractor's responsibility to assure percolation by approved means
(i.e. addition of gravel or excavate deeper to break through hardpan soil, etc).
2. Remove rocks and other objects over one inch (1 ") in diameter.
3. Grade soil mixtures to four inches (4") below top of surrounding paving, wherever
planting beds abut paved surfaces.
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4. Do not compact planting soil mixture; but do weUsoak planting areJQn~ltO applied
with hoses (no flooding of medians by irrigation sprinklers) to assure proper
settlement. Replace topsoil/planting soil mixture to specified grade after watering,
where necessary.
5. Grade topsoil to finished grade in areas to be sodded. Remove plant material not indicated
as existing, or to be relocated, in order to adhere to sod lines.
6. Remove limerock or soil cement, and/or any other materials deleterious to plant growth
and survivability, in median islands or construction areas to a full 18 inch soil depth
in planting beds or turf areas. Do not damage sub-base material for paved surfaces
or curbing. Assure percolation, and then backfill with approved planting soil mix.
7. Excavate annual beds and replace soil with approved planting soil mix as indicated above.
3.04 CLEAN-UP
A. Immediately clean up spills, soil and conditioners on paved and finished surface areas.
B. Remove debris and excess materials from project site daily.
END OF SECTION IV
~ECTION V - CONVENTIONAL POP-UP IRRIGATION SYSTEM
PART 1
GENERAL
1.01 RELATED DOCUMENTS
A. All applicable provisions of the Bidding and Contract Requirements, and General
Requirements shall govern the work under this section.
B. Collier County Streetscape Master Plan
C. Goodlette-Frank Road Landscape Project Plans.
D. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation
Sections and the Collier County D.OT Roadway and Traffic Design Standards.
E. South Florida Water Management Xeriscape Plant Guide" and State of Florida Division of
Plant Industry Grades and Standards for Nursery Plants, latest volumes.
1.02 WORK INCLUDED
A. The work covered by this specification shall include the furnishing of all labor, materials, tools
and equipment necessary to perform and complete the installation of an automatic irrigation
system as specified herein, and as shown on the drawings, and any incidental work not shown
or specified which can reasonably be determined to be part of the work, and necessary to
provide a complete and functional system.
B. The work covered by this specification also includes all permits, federal, state and local taxes
and all other costs; both foreseeable and unforeseeable at the time of construction. Collier
County right-of-way permit shall be provided by the Owner.
GC-CA-J-14
16 810
C. No deviation from these specifications, the accompanying drawings, or agreement is
authorized or shall be made without prior written authorization signed by the Owner or his duly
appointed representative.
D. Provide "Maintenance of Traffic" plans for automobile and pedestrian traffic within the projeL
and submit to the roadway agencies having jurisdiction for approval prior to beginning work.
1.03
A.
B.
C.
D.
E.
RELATED WORK
Section I - Traffic Control Plan / F.D.O.T. Indexes
Section III Grading
Section IV - Planting Soil Preparation
Section VI - Plant Material and Installation
Section VII Sodding
1.04
A.
QUALITY ASSURANCE
Installer Qualifications: A firm specializing in irrigation work, with not less than five (5) years
of experience in installing irrigation systems similar to those required for this project.
B. Coordination: Coordinate and cooperate with other contractors to enable the work to proceed
as rapidly and efficiently as possible.
C. Inspection of Site: The Contractor shall acquaint himself with all site conditions, including
underground utilities before construction is to begin. Contractor shall coordinate placement of
underground materials with contractors previously working underground in the vicinity, or those
scheduled to do underground work in the vicinity. Contractor is responsible for mine
adjustments in the layout of the work to accommodate existing facilities.
D. Field Verification of Existing Sleeving: Sleeving for irrigation work is believed to be existing
except as noted on the plans. Contractor shall confirm the location of the sleeving and that it is
useable, in writing to the Owner's Representative within three weeks or 15 working days after
the Notice to Proceed is issued; indicate if additional time and work is needed if the irrigation
sleeves or directional bores are not useable.
E. Protection of Existing Facilities, Signaqe, Vegetation and General Site Conditions: The
Contractor shall take necessary precautions to protect existing vegetation in preservation
areas. Contact Project Manager if minor adjustments are not sufficient to protect existing site
conditions. All existing grades shall be maintained and restored to their previously existing
condition immediately following installation and testing.
F. Protection of Work and Properly: The Contractor shall be liable for, and shall take the
following actions as required with regard to damage to any of the Owner's property.
(1) Any existing building, equipment, piping, pipe coverings, electrical systems, sewers,
sidewalks, roads, grounds, landscaping or structure of any kind (including without
limitation, damage from leaks in the piping system being installed, or having been
installed by Contractor) damaged by the Contractor, or by his agents, employees, or
subcontractors, during the course of his work; whether through negligence or
otherwise, shall be replaced or repaired by Contractor at his own expense in a mann,
satisfactory to Owner. which repair or replacement shall be a condition precedent to
Owner's obligation to make final payment under the Contract.
GCCA-J- 15
16 B 10
(2) Contractor shall also be responsible for damage to any work covered by these
specifications before final acceptance of the work. He shall securely cover all openings
into the systems and cover all apparatus, equipment and appliances, both before and
after being set in place, to prevent obstructions on the pipes, and the breakage, misuse
or disfigurement of the apparatus, equipment or appliance.
G. Codes and Inspections: The entire installation shall comply fully with all local and state laws
and ordinances, and with all established codes applicable thereto. The Contractor shall take
out all required penmits except as noted within, arrange for all necessary inspections, and shall
pay all fees and expenses in connection with same, as part of the work under this contract.
Upon completion of the work, he shall furnish to the Owner's Representative all inspection
certificates customarily issued in connection with the class of work involved.
H. The Contractor shall keep on his work, during its progress, a competent superintendent and
any necessary assistants, all satisfactory to the Owner, or Owner's Representative.
I. The Superintendent shall represent the Contractor in his absence, and all directions given to
him shall be as binding as if given to the Contractor.
J. The Owner's Project Manager or designated individual, herein referred to as the Owner's
Representative, shall have full authority to approve or reject work perfonmed by the Contractor.
The Owner's Authorized Representative shall also have full authority to make field changes
that are deemed necessary.
- K. In all cases where observation of the irrigation system work is required, and/or where portions
of the work specified to be performed under the direction of the Owner's Representative, the
Contractor shall notify same, at least 48 hours prior to the time such observation or direction is
required.
L. Any necessary re-excavation or changes to the system needed, because of failure of the
Contractor to have the required observations, shall be performed at the Contractor's expense.
1.05 SUBMITTALS
A. Refer to General Requirements, Operation and Maintenance Date (when applicable to this
contract).
B. All material shall be those specified and/or approved by the Landscape Architect.
C. Product Data: After the award of the contract, and prior to beginning work, the Contractor
shall submit for approval by the Owner's Irrigation Consultant and Landscape Architect, two
copies of the complete list of materials, manufacturer's technical data, and installation
instructions which he proposes to install. For all proposed element substitutions, the
contractor shall submit performance technical data approved by the Center of Irrigation
Technology.
D. Commence no work before approval of material list and descriptive material by the Project
Manager and Landscape Architect.
E. Record DrawinQs: The Owner shall furnish the Contractor with one set of reproducible
vellums or mylar sepias showing all work required under this contract for the purpose of having
GC-CA-J- 16
16 Q 1 O.
w.J!.
the Contractor record on these reproducibles all changes that may be made during actual
installation of the system. Location shall include dimensions from two (2) permanent points of
reference (building corner, street corner, fence line, etc.).
(1) Immediately upon installation of any piping, valves, wiring, tubing, etc., in locations othc.
that shown on the original drawings, or of sizes other than indicated, the Contractor shall
clearly indicate such changes on a set of blueline prints. Records shall be made on a daily
basis. All records shall be neat and subject to the approval of the Owner.
(2) The Contractor shall also indicate on the record prints the location of all wire splices,
original, or due to repair, that are installed underground in a location other than the
controller pedestal, remote control valve box, or power source.
(3) These drawings shall also serve as work progress sheets. The Contractor shall make neat
and legible notations thereon daily as the work proceeds, showing the work as actually
installed. These drawings shall be available at all times for review, and shall be kept in a
location designated by the Owner's Representative.
(4) Each month when Contractor submits his progress payment request to the Owner, it shall
include the up to date record drawing information for all material installed to that date.
(5) Progress payment request and record drawing infonmation must be approved by the
Landscape Architect before payment is made.
(6) If, in the opinion of the Owner or his representative, the record drawing information is not
being properly or promptly recorded, construction payment may be stopped until the prop.
information has been recorded and submitted.
(7) Before the date of the final site observation and approval, the Contractor shall deliver one
set (copies) of the record drawing plan and notes to the Landscape Architect. The
Contractor shall deliver the original marked reproducibles to the Owner. Record drawing
information shall be approved by the Landscape Architect and Owner prior to final
payments, including retentions.
PART 2 PRODUCTS
All products shall be as specified on the plans and herein these specifications.
2.01 MATERIALS
A. The materials chosen for the design of the irrigation system have been specifically referred to
by the manufacturer, so as to enable the Project Manager or Landscape Architect to establish
the level of quality and performance required by the system design. Equipment by other
manufacturers may be used only if submittal of manufacturer's technical data and installation
instructions are reviewed and approved by the Landscape Architect and Owner's
Representative. Approval may be granted only if substitution is equal to the specified
equipment. Performance technical data provided and approved by the Center of Irrigation
Technology must be submitted for all proposed product substitutions.
B. Storaqe and Handlinq: Use care in handling, loading, storing and assembling components
avoid damage. Store plastic pipe and fittings under cover and protect from sunlight before
using. Discolored plastic pipe and fittings shall be rejected.
GC-CA-J-17
16 810
C. All metallic pipe and fittings shall be handled, stored, loaded and assembled with the same
care used for plastic components. Metallic components shall be stored in an enclosure to
prevent rusting and general deterioration.
D. Polvvinvl Chloride Pipe (PVC):
(1) All PVC pipe shall be homogeneous throughout, free from visible cracks, holes, and
foreign materials. The pipe shall be free from blisters, dents, ripples, extrusion die and
heat marks.
(2) All PVC pipe shall be continuously and permanently marked with the manufacturer's name
or trademark, kind and size (IPS) of pipe, material, and manufacturer's lot number,
schedule, class or type, and the NSF seal of approval.
(3) Pipe tensile strength shall be in accordance with ASTM-D 638.
(4) Polyvinyl Chloride Pipe (PVC) Bell End Gasket Type - shall be used,
for irrigation main line and any other line under constant pressure, and shall be:
a. PVC 1120/1220 Class 200, SDR-26 Bell End GasketType in accordance
with the latest revision of the following specifications:
American Society for Testing Materials
ASTM-D 1784 ASTM-D 2241 ASTM-D
Department of Commerce, PS 22-70
National Sanitation Foundation Testing Laboratories
b. Provide written certification frorn manufacturer that polyvinyl chloride pipe
has successfully passed all tests per ASTM-D 2241.
(5) Polyvinyl Chloride Pipe (PVC) Solvent Weld Type - shall be used for lateral piping, and
any piping not under constant pressure, and shall be:
a. PVC 1120/1220 Class 160, SDR-21 solvent weld joint, in accordance with
the latest revision of the following specifications:
Arnerican Society for Testing Materials
ASTM-D 1784 ASTM-D 2241
Department of Commerce, PS 22-70
National Sanitation Foundation Testing Laboratories
b. Provide written certification from manufacturer that polyvinyl chloride pipe
has successfully passed all tests per ASTM-D 2241.
(6) All piping including main lines and laterals shall be color coded (Pantone purple 522C)
for future conversion of the system to reuse water per County ordinances and State
statutes.
(7) All mainline and lateral pipe joints inside sleeves shall be solvent weld.
E. PVC Pipe FittinQs:
(1) Molded solvent weld socket fittings shall be PVC Schedule 40, Type 1/11 in accordance with
ASTM-D2466. Sockets shall be tapered, conforming to the outside diameter of the pipe,
GC-CA-J-18
16 B 10
as recommended by the pipe manufacturer. All fittings must conform to the twenty (20)
minute acetone test as for pipe, and shall be approved.
(2) Molded threaded fittings shall be PVC Schedule 80 in accordance with ASTM-2464. All
fittings shall withstand the twenty (20) minute acetone test, and be approved.
(3) All molded fittings shall be marked with manufacturer's name and/or trademark, type PVC,
schedule, size and NSF seal of approval. Extruded couplings shall be from NSF rated raw
materials, and meet ASTM standards. Supplier shall provide certification on extruded
couplings when requested.
(4) Schedule 80 threaded male/female adapters shall be used in connecting to threaded joints.
(5) All changes in depth of mainline pipe shall be made using 45 degree fittings.
(6) All threaded PVC to metallic connections shall be made in accordance with the PVC fitting
manufacturers recommendations. Any sealant used shall be of the non-hardening, non-
petroleum base type, and shall not adversely effect PVC pipe or fittings.
F. PVC Solvent Cement:
PVC solvent cement and primer/cleaner shall be compatible with the specific size and type of
PVC pipe and fittings, and of proper consistency in accordance with the pipe manufacturer
recommendations.
G. Rubber Rinqs and Gasket Joint Lubricant:
Rubber rings shall conform to ASTM-D 1869 and F 477. Contractor shall only use pipe joint
lubricant supplied by or recommended by the pipe manufacturer. Lubricant shall be water
soluble, non-toxic, an inhibitor to bacterial growth, and shall be non-detrimental to the
elastomeric seal and pipe. Mineral oil, petroleum jelly, hydrogenated vegetable fat (i.e. Crisco
(RR), petroleum products, cooking oil, grease, etc.) shall not be used.
H. Automatic Field Controller:
The irrigation controller(s) shall be as indicated on the plans and furnished by Owner installed
in enclosures as indicated on the plans. The Contractor shall be responsible for all low voltage
wiring, grounding, etc. All field controllers shall be equipped with all available electrical
surge/lightning protection devices for all circuits. Protection shall be factory supplied and
installed whenever possible. Protection devices not supplied by the manufacturer shall be as
recommended by manufacturer to provide a maximum degree of protection.
I. Low Voltaqe Valve Control Wire (24 Volt):
All 24 volt control wire shall be #12 AWG or as specified on plans, UL listed single conductor
solid copper, type UF, 600 volt test for direct burial installation.
(1) Provide two (1) red activation, (1) white common, (1) blue expansion and (1) green spare
24 volt valve control wire, between the field controller terminal strip station lug and the farthest
control valve solenoid lead; to all control valves.
(2) Valve common wire shall be white in color. Individual valve control wires shall be color
coded or identified by an approved tagging method.
(3) All wire shall be furnished in minimum 2.500 feet rolls and spliced only at the valve and the
controller, using DBY (Direct Bury Splice kit) type connectors as manufactured by 3M; refer
to manufacturer's wiring diagram for additional information.
J. Control Valves
GC-CA-J-19
The remote control valves shall
manufacturer's specifications.
., 6 Q 'Q
be as specified on the plans, and sh~l per'rt,rm 0 the
K. Gate Valves:
Gate valves one inch (1") through four inch (4") shall be threaded end gate valves as specified
on plans, in jumbo size valve boxes with extension as needed.
L. Quick Coupling Valve:
All quick coupling valves shall be solid bronze as specified on the plans, and shall perform to
the manufacturer's specifications within jumbo valve boxes.
M. Control Valve Boxes:
All control valve, gate valve, and quick coupling valve boxes shall be jumbo twenty-four inch
(24") Ametek Boxes, or approved equal, with identification covers reading, i.e."Control Valve"
or Irrigation Controls". Where possible, gate valves shall be installed with control valves.
Jumbo size boxes with cover shall be used for all two valve in one box installations.
Gravel and non-woven soil fabric shall be installed at the bottom of the boxes as shown in the
details.
(1) Locking lids shall be mauve in color, boxes and extensions shall be black or green, and
constructed of high strength, light weight thermoplastic.
N. Tubing to Connections:
All interconnecting tubing sections shall be connected with connections recommended by the
tubing manufacturer.
(1) Any threaded connection using Teflon tapes as an anti-seize device shall avoid excessive
use of Teflon tape. Apply Teflon tape only in accordance with fittings and/or component
manufacturer's recommendations.
O. Back Flow Prevention Device:
The back flow prevention device shall be as specified on the plans, and shall be installed and
perform to the manufacturers specifications. If back flow prevention device is required by local
or state laws or ordinances, it shall be considered part of the contract whether or not it is
specified on the accompanying plans.
P. Conventional Irrigation System General Layout and Installation:
System zones shall have all components as shown on the plans and as recommended by the
manufacturer.
(1) The installation of the irrigation system shall be coordinated with the layout of the
landscape designated areas. The Contractor shall make all adjustments necessary to
assure that water is provided in a consistent and uniform fashion to the plant material. Any
significant layout changes shall be brought to the attention of the Project Manager and
Landscape Architect for approval. The Contractor shall have the layout approval of the
Project Manager and Landscape Architect prior to covering the layout changes. Upon the
complete installation of the system or sections and being fully operational the system shall
be cycled and run as needed to thoroughly moisten the soil. Continuous operation of
sprinklers such that the landscaped areas are flooded is not allowed.
(2) Thoroughly flush all pipe lines for a period of no less than five minutes prior to installing
nozzles.
GC-CA-J-20
16 BI0
(3) Review of each zone for layout and coverage approval is required by the Owner's
representative.
(4) The soils at the planting areas shall be thoroughly hydrated two days prior to the
installation of plant material. The installation of irrigation equipment and heads shall be
coordinated for the location of large plant materials. The Contractor shall repair or replace
any damaged lines. In the event of repairs or replacements, the section shall be
thoroughly flushed. All expenses incurred as a result of the damage shall be the
Contractor's responsibility.
Q. Sprinkler Heads and Nozzles:
The sprinkler heads and nozzles shall be as specified on the plans, and shall perform to the
manufacturer's specifications. All popup irrigation heads shall be connected to the lateral with
f1exline or polypipe as shown on the details. All popup sprinkler bodies shall be Hunter Pro-
Spray series 12" highpops, with Rainbird nozzles as specified on the design plans.
Q. Pump Station:
See Exhibit A at the end of this section for pump station specifications.
PART 3 EXECUTION
3.01 SYSTEM DESIGN
A. Design Pressures:
Main line pressure at the source location shall be as required to operate the irrigation syster
at the design pressures as specified on the plans. Pressure shall meet manufacturer':,
specifications and adequate to properly operate the sprinklers; notify Project Manager if
discrepancies exist.
B. Location of Irrigation Components:
Irrigation plans are schematic and approximate. All piping wires, field controllers, etc., shall be
installed within the appropriate project boundaries. Final location of piping and wiring shall be
done following Contractor ascertaining location of existing underground utilities.
C. Sprinkler Head Spacing:
Head spacing shall be as shown on the plans. Do not exceed spacing shown or noted on the
plans. Spacing may be adjusted to accommodate changes in terrain, proposed planting
locations. and existing site conditions, only if approved prior to installation by the Project
Manager and/or Landscape Architect.
D. Minimum Water Coverage:
Minimum water coverage shall be for all proposed plants and turf areas. Layout may be
modified if necessary, and approved by the Project Manager and/or Landscape Architect, to
obtain coverage.
E. Codes and Inspections:
The entire installation shall comply fully with all local and state laws and ordinances, and wW
all established codes applicable thereto. The Contractor shall take out all required permiL
(excluding permits listed within and provided by the Owner), arrange for all necessary
GC-CA-J-21
1681D
inspections, and shall pay all fees and expenses in connection with same, as part of the work.
Upon completion of the work, he shall furnish to the Owner's Representative all inspection
certificates customarily issued in connection with the class of work involved.
.02 EXCAVATION AND TRENCHING
A. Perform all excavations as required for the installation of the work as defined and described on
the installation plans, in accordance with the contract documents, and under this section of
specifications.
B. All construction shall be done in a neat and workmanlike manner in strict accordance with
manufacturer's recommendations. No sand or foreign material shall be allowed to enter the
pipe. Ends shall be suitably plugged when pipe laying is not in progress.
C. Main and Lateral Line TrenchinQ:
Mainlines shall be installed in accordance with the installation details, and by cutting and
removing sod if necessary; trenching, laying pipe, backfilling, compacting soil, restoring
grades, and replacing sod, if required.
(1) Mainline trenches shall be of the necessary width for the proper laying of pipe, fittings, wire
and conduits, and the banks shall be as vertical as possible. Trenches shall be great
enough to allow six inches between parallel pipe lines. Trench width shall not be greater
than is necessary to permit satisfactory jointing and other installation procedures.
(2) Mainline trench depths shall be as noted in the specifications and on the installation plans
and details. Use 45 degree fittings for all changes in depth of mainline pipe.
(3) Trench bottoms shall be sufficiently graded to provide uniform bearing and support for
each section of pipe at every point along its entire length. Trench bottom shall be free of
rocks, gravel and other extraneous debris.
D. Safety:
Maintain all warning signs, shoring, barricades flares and red lanterns as required by the
Safety Orders of the Industrial Safety, and any applicable Federal, State and local ordinances.
E. Trench Depth:
Trenches shall be made wide enough to allow a minimum of six inches between parallel pipe
lines. Trenches for pipe lines shall be made of sufficient depths to provide the minimum cover
from finish grade as follows:
Minimum cover over main line sleeves under paved surfaces to be 36" or per FDOT
requirements; 36" minimum cover over main lines under paved surfaces.
48" minimum cover over main lines in center of medians over 8' in width.
36" minimum cover over main lines in center of medians less than 8' in width.
24" minimum cover over main lines within medians, if installed along back of curbing.
12" minimum cover over lateral lines to heads.
(1) Metalized identification tape shall be buried approximately ten (10) inches above irrigation
main line. Tape width shall be three inch (3") minimum. Tape colors and imprints shall be
as follows:
Imprint
"Reclaimed Water"
Color
Pantone Purple 522C
Gc.cA-J-22
16 B 10
Caution - Non-Potable Irrigation
Water Line Buried
F. All irrigation pipe, three inches and larger, shall be thrust blocked as shown on the details o'
accompanying plans.
3.03 BACKFILL AND COMPACTING
A. After testing of system has occurred, and observations have been made, backfill excavations
and trenches with clean soil, free of stones, sticks, construction debris and rubbish.
B. Contractor shall not backfill over fittings, valves or couplings until pressure tests have been
successfully completed.
C. Backfill for all trenches, regardless of the type of pipe covered, shall be compacted to
minimum 90% density. Compact trenches in areas to be planted by thoroughly flooding the
backfill with water from hoses. Jetting process shall be used when necessary in those areas.
D. Dress off all areas to finish grades, and restore to condition previous to irrigation installation.
E. Clean-Up:
Remove from the site all debris resulting from work of this section. Cleanup shall be
conducted continuously throughout the installation process to keep extraneous materials off
the work site.
3.04 INSTALLATION
A. Remote control Valves:
Install remote control valves where shown and group together where practical; place no closer
than 12 inches to walk edges, buildings, and walls.
B. Valve Boxes:
Install all valve boxes to avoid direct contact with PVC irrigation piping. During valve box
installation, place gravel and filter fabric as specified in the plan details. All valve boxes to be
jumbo size. Install in planting beds where possible.
C. PVC Pipe and Fittings:
Plastic pipe and fittings shall be solvent welded using solvents and methods as recommended
by manufacturer of the pipe; and as indicated elsewhere in these specifications, except where
screwed connections are required. Pipe and fittings shall be thoroughly cleaned or dirt, dust
and moisture before applying solvent with a non-synthetic bristle brush. All screwed
connections shall be thoroughly cleaned and wrapped with Teflon tape, as specified in these
specifications.
(1) The pipe manufacturer's installation manual shall be followed for the installation practices.
GC-CA-J-23
(2) Use only a color-tinted cleaner/primer to prepare the outside diameter ohh~ p~e 19 the'
inside diameter of the fitting socket. Cleaner/primer and solvent cement shall be
compatible with the specific sizes and types of PVC pipe and fittings being used.
(3) Use only those applicator devices approved or recommended by the pipe and fitting
manufacturer to apply the cleaner/primer and the solvent cement. Applications shall also
be approved by the manufacturer of the cleaner/primer and solvent cement.
(4) Make all joints immediately after applying the solvent cement. Check all fittings for correct
position. Hold joint steady so that pipe does not push out from fitting. Use a clean rag to
remove any excess solvent from completed joint area.
(5) All joints shall remain completely undisturbed for at least 15 minutes prior to any
movement.
D. Above Ground Pipim.J:
All pipe and fittings permanently installed above ground shall be UV resistant PVC Schedule
80 pipe. Piping shall be painted a color as approved by the Owner.
(1) All pipe fittings intended for temporary use, and installed above ground, shall be UV
resistant PVC Schedule 80.
E. Pipe Sizes:
All lateral and mainline pipe sizes are as indicated on the Irrigation Plans. Contractor shall
minimally size pipe so to maintain a minimum 45 - 50 PSI operating pressure. No Yz" pipe is
allowed.
F. Manual Gate Valves:
Make all connections between PVC pipe and metal valves or steel pipe with threaded fittings
using PVC male adapters. All threads shall be thoroughly cleaned of dirt, dust, and moisture
before wrapping with Teflon tape.
G. Automatic Field Controllers. PumpinQ Station. and Water Meters:
The on-site location of the automatic controllers, pumping station, and water meters is
generally indicated on the plans. final locations are at the sole discretion of, and shall be
determined by, the Owner's Representative. Contractor shall be responsible for monitoring
the integrity of the flag markings.
(1) Controllers shall be installed by the County. The Contractor shall install all low voltage
wiring and related appurtenances in accordance with the plan details and manufacturer's
instruction. Controller bases shall be at or above the elevation of the top of curb or 2"
above existing grade, unless otherwise approved by the Project Manager.
(2) The Contractor shall provide controller grounding in accordance with the manufacturer's
requirements and/or recommendations. If specified ground resistance cannot be obtained,
consult manufacturer for prescribed methods.
(3) Connect remote control valves to controller in the sequence shown on the plans. If plan is
not labeled, then connect remote control valves to controller in a clockwise sequence to
correspond with station setting, beginning with Stations 1, 2, 3, etc.
GC-CA-J-24
16 d 10
(4) The Pumping Station shall be as specified and perform to the specified parameters. The
Contractor shall install the Pumping Station and related appurtenances in accordance with
the manufacturer's instructions and recommendations. The Contractor shall be responsible
for making the connection from the Effluent Water Main line to the Pumping Station and f(
providing any permits necessary for the installation. Power for the Pumping Station will be
provided and installed by the County; the Contractor is responsible for any low voltage
wiring required.
(5) Water meter(s) will be provided and installed by the County. The Contractor will provide
backflow preventers where applicable, in accordance with codes as required.
3.05 CLOSING OF PIPE AND FLUSHING LINES
A. Cap Openings:
Cap or plug all openings as soon as lines have been installed to prevent the entrance of
materials that would obstruct the pipe. Leave in place until removal is necessary for
completion of installation.
(1) Thoroughly flush out all irrigation lines before installing valves, heads and other hydrants.
(2) Test in accordance with paragraph on Hydrostatic Tests.
B. Testing:
Request the presence of the Project Manager and/or Landscape Architect in writing, or by
phone, at least 48 hours in advance of testing. All testing is to be accomplished at the
expense of the Contractor, and in the presence of the Project Manager and/or the Landscape
Architect.
C. Hvdrostatic Test:
Center loaded piping with a small amount of backfill to prevent arching or slipping under
pressure. A continuous and static water pressure of 120 PSI or as directed by Owner's
representative shall be applied for a period of not less than two (2) hours. Repair all leaks
resulting from pressure test. Expel air from system after testing, and flush all lines.
(1) Tests shall be made between valves and, as far as is practicable, in sections of
approximately one thousand (1000) feet, as long as approved by the Project Manager
and/or the Landscape Architect. Potable water from an existing water distribution system
shall be used, if available. The test pressure shall be 120 PSI, or as directed by Owners
Representative and the pressure shall be maintained for a period of not less than two (2)
hours. Pressure shall not vary more than two pounds from the above during the two hour
testing period. Allowable leakage shall be computed on the basis of table 3, Section 13.7
AWWA Standard C600-64, on the applicable formula for other than 18 foot lengths.
(2) All leaks evident at the surface shall be uncovered and repaired, regardless of the total
leakage, as indicated by the test. All pipes, valves, fittings and other material found
defective under the test shall be removed and replaced at the Contractor's expense. Tests
shall be repeated until leakage has been corrected.
D. Operational Testin!:l:
Perform operations testing after hydrostatic testing is completed, backfill is in place, ar
sprinkler heads adjusted to final position.
E. Demonstration:
GC-cA-J-25
16 B 10
Demonstrate to the Project Manager and/or the Landscape Architect that the system meets
coverage requirements, and that automatic controls function properly. Coverage requirements
are based on operation of one circuit at a time.
F. Upon completion of the testing, the Contractor shall complete assembly, balance and adjust
components for proper distribution, as indicated elsewhere in these specifications.
3.06 ELECTRICAL
A. Electrical service(s) shall be provided by the County. The Contractor shall be responsible for
connecting to the 110 volt AC service (provided by others) necessary for the operation of
electric controller(s) as specified on the plans, and in accordance with the manufacturer's
specifications.
B. Electric control lines (24 Volt) from controller to automatic valves shall be direct burial wire of a
different color than the 110 Volt service to controllers. All 110 Volt AC wiring shall be installed
in accordance with Federal, State, and local electric requirements.
C. Provide an expansion curl within three (3) feet of each wire connection, and at each change of
direction. Each expansion curl shall be formed by wrapping at least six (6) turns of wire
around a 2 inch diameter pipe, then removing the pipe.
D. All 24 Volt wire shall be installed in accordance with the latest provisions of the National
Electrical Code, and all prevailing local codes.
E. All above ground low voltage wiring shall be installed in UL listed plastic conduit and
connectors, in accordance with prevailing local codes.
F. Install all 24 Volt valve control wires under the irrigation main to one side of mainline trench.
Installation depth shall conform to the depth of the mainline as indicated elsewhere in these
specifications.
G. Install all 24 Volt wires in mainline trench, except for distance between controller and the
mainline pipe location.
H. All field repair splices shall be made using Scotch-Lok No. 3500 or DBY connector sealing
packs, or approved equivalent. Each individual wire splice requires one connector sealing
pack.
I. All in-the-field low voltage wire splices shall be made in a valve box as described within these
specifications, or in the pedestal of the field controller.
K. When more than one wire is placed in the same open trench, wires shall be bundled and
taped together using black electrical tape.
L. Provide an expansion coil of eight to ten feet of wire or cable at each change in direction along
the wire routing where wire is directly buried in a trench. Provide an expansion coil of four to
six feet of wire every 1000 feet of straight wire run. Coil diameter to be 24 to 30 inches. Do
not tape-restrain the wire coil. Lay the wire coil flat in the trench.
GC-CA-J-26
16 810
M. Provide an expansion coil of eight to ten feet of wire or cable at each side of a road crossing.
Coil diameters to be 24 to 30 inches. Do not tape-restrain the wire coil. Lay the wire coil flat in
the trench.
N. All wire passing under existing or future paving, or construction, shall be encased in plastic
conduit extending at least 24 inches beyond edges of paving or construction, as indicated on
the irrigation plans, or elsewhere in these specifications.
O. All electrical equipment specified in the project shall be properly grounded per manufacturer's
instructions.
3.07 PROVISIONAL ACCEPTANCE
A. The Contractor shall complete all construction, and shall repair or replace all defective work
before provisional observation by the Project Manager and/or Landscape Architect. On
completion, and upon request of the Contractor, the Project Manager and/or Landscape
Architect shall inspect all irrigation for provisional acceptance. The request shall be received
from the Contractor at least two days before the anticipated provisional observation.
3.08 FINAL ACCEPTANCE
A. Final acceptance shall be done in accordance with General Requirements: Contract close-out
(when applicable to this contract).
B. "Record" Irriaation Orawinas:
Record drawings shall be delivered to the Owner, Project Manager and the Landscape
Architect before final acceptance of work.
3.09 WARRANTY
A. Warranty:
The Contractor shall furnish a written warranty, stating that all work included under this
contract shall be warranted against all defects and malfunction of workmanship and materials
for a period of one (1) year from date of completion and final acceptance of this project,
unless County provides warranty to be executed..
(1)The Contractor further agrees that he will, at his own expense, repair and/or replace all
such defective work and materials, and all other work damaged thereby, and which
becomes defective during the term of the guarantee/warranty, in an expedient manner.
(2) The Owner retains the right to make emergency repairs without relieving the Contractor's
guarantee obligation. In the event the Contractor does not respond to the Owner's request
for repair work under their guarantee/warranty within a period of forty-eight (48) hours, the
Owner may make such repairs as he deems necessary, at the full expense of the
Contractor.
(3) Any settling of backfilled trenches, which may occur during the guaranty/warranty period,
shall be repaired by the Contractor at no additional expense to the Owner, including the
complete restoration of all damaged planting, sod, paving or other improvement of any
kind.
B. Instruction:
GC-cA.J-27
After completion and testing of the system, the Contractor will instruct the ole~s ~rlQe'
in the proper operation and maintenance of the system,
END OF SECTION VI
GC-CA-J-28
EXHIBIT A: PUMPSTATlON SPECIFICATIONS
Collier County D.O.T.
Goodlette Rd. South Golden Gate Parkway to Pine Ridge Rd.
16 B 10
Specifications
Reuse Water Booster Pump System
Variable Frequency Drive
Fiberglass Enclosed
Model: VFD-LP-CENT -7.5-230-3
Purpose:
To provide a complete prefabricated variable frequency drive skid mounted fiberglass
enclosed pressure demand centrifugal pump system. The manufacture will manufacture,
flow test, and warrant the system to meet all specified operating requirements described
below and in system detail. The system shall be Model # VFD.LP-CENT-7.5-230-3 as
manufactured by Naples Electric Motor Works, Inc. of Naples, Fl USA 239-591.1313.
This specification describes the general components and minimal operating requirements
and shall not be construed as a manufacturing guide or complete list of required system
components.
Frame:
The pump station will have a prefabricated welded 44" x 54" aluminum structural skid.
Aluminum supports will be provided for mounting of control enclosure. The frame shall
be installed on a 5' x 6' x 4" reinforced concrete pad.
Fiberglass enclosure:
The pump station will be completely enclosed by a Forest Green fiberglass enclosure
38" x 48" Enclosure is manufactured to ASSE 1060 specifications with a minimum 3/16"
thick thixotropic resin reinforced with fiberglass strand, protected with 18 to 20 mils of
UV isopthalic polyester gel coat. The lockable flip top lid design allows access for
maintenance with an overlapping lid seam design for weatherproofing and vandal
resistance.
Pump and motor:
The pump will be a Berkeley model B 1-1/2ZPLS close coupled centrifugal pump with
back pullout design from volute allowing easy removal and repair without disturbing
piping connections. The volute case, impeller, and motor adapter bracket will be cast iron
type ASTM A48 Class 30. The shaft sleeve will be stainless steel type AISI 416SS. The
shaft seal will be a mechanical type with 18.8 SS stainless steel metal parts, "Buna-N"
rubber bellows, ceramic stationary seat, and carbon rotating hcad.
The motor will be TEFC rated 7.5 HP, 3450 RPM, 230 volt, 60Hz., 3 phase.
GC-CA-J-29
16 B 10
SECTION VII- PLANT MATERIAL AND INSTALLATION
-OART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. All applicable provisions of the Bidding and Contract Requirements, and General
Requirements shall govern the work under this section.
B. Collier County Streetscape Master Plan
C. Goodlette-Frank Road Landscape Project Plans.
D. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation
Sections and the Collier County D.OT Roadway and Traffic Design Standards.
E. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of
Plant Industry Grades and Standards for Nursery Plants, latest volumes.
1.02 WORK INCLUDED
A. Provide all labor, materials, necessary equipment and services to complete the Grading work,
as indicated On the drawings, as specified herein or both, except as for items specifically
indicated as "N.I.C." not in contract items.
B. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project
and submit to the roadway agencies having jurisdiction for approval prior to beginning work.
1.03 RELATED WORK
A. Section I - Traffic Control Plan
B. Section III - Grading
C. Section IV - Planting Soil Preparation
D. Section V - Irrigation
E. Section VII Sodding
1.04 SITE INSPECTION
A. The Contractor shall visit the site and acquaint himself with all existing conditions and
constraints. The Contractor shall be responsible for his own subsurface investigations, as
necessary, to satisfy requirements of this Section. All subsurface investigations shall be
performed only under time schedules and arrangements approved in advance by the Owner or
Owner's Representative.
1.05 QUALITY ASSURANCE
A. Inspection
1. Furnish nursery grown plant materials inspected by State Department of Agriculture at the
growing site and tagged or otherwise approved for delivery by Landscape Architect.
2. Inspection at growing site does not preclude right of rejection at project site.
3. All plant material indicated as specimen shall be approved by the Landscape Architect prior
to planting.
4. All specified sizes for plant material shall be considered minimum. Plants must meet or
exceed these requirements. Plants that exceed size requirements by more than 10% shall be
approved by the Landscape Architect prior to planting.
GC-cA.J-30
B. Furnish plant materials certified by State Department of Agriculture to be flAJ3 LQfUI
insects or apparent disease. Submit verification that all plant material is free of harmful
insects and disease.
C. All plant material shall meet or exceed the minimum grade of Florida NO.1 in accordance with
"Grades and Standards for Nursery Plants" latest volumes published by the State of Florida,
Department of Agriculture.
D. Plant material shall be shade or sun grown, and/or acclimatized depending on planting
location in the plans.
E. All landscape construction work shall be installed by qualified personnel or a qualified
landscape construction subcontracting company that has experience in landscape
construction of similar size and scope, as is indicated for this project. The Contractor shall
submit for the Owner's review and approval resumes of all superintendents and foremen
designated to perform the work, and a list of five (5) projects with references with which he or
she was involved. Those projects must be of similar size and scope of work as this project. If
the Contractor elects to use a subcontractor for this portion of the work, the subcontractor shall
have been in operation for a minimum of five (5) years, licensed to work in the State of Florida,
and supply to the Owner all the above stated criteria. The Owner reserves the right to accept
or reject the proposed subcontractor or its designated personnel, in whole or in part, based on
the information provided above, and in accordance with the terms and conditions of the
Contract Documents.
1.06 SUBMITTALS
A. Certificate of inspection of plant material by State Authorities.
B. Test Reports: Analysis of samples from planting soil supply areas (i.e., signed original copy
by testing laboratory only). If Contractor elects to divide the project area into incremental
substantial completion areas, soil samples and test reports shall be required for each
increment 14 days prior to beginning each increment.
C. Maintenance Instruction: Prior to the end of the maintenance period, furnish three copies of
written maintenance instructions to the Owner's Representative and Landscape Architect for
maintenance and care of installed plants throughout their full growing season.
D. Grower's Certification: Requirements for root pruning and holding B&B stock at the nursery.
E. Plant Samples: Three plants of each shrub, groundcover, or vine 7 gallon or less, as
specified for approval by the Landscape Architect, and to be used as representative size,
specification, and plant type for all plant materials to be installed. Any plant material that does
not conform to the plans, specifications, or approved plant samples, shall be rejected.
F. Plant PhotoQraphs: Contractor shall provide representative photographs of all plant material
specified over 7 gallon in size, with a measuring rod included in photograph. At contractor's
option, contractor may elect to coordinate with Owner's Representative and Landscape
Architect one tagging trip to cover all larger plant materials at contractor's cost.
G. Proiect Schedule: Provide five (5) copies of a comprehensive project schedule, indicating
contractors proposed work and installation schedule. Schedule shall include breakdown for
GC-CA-J-31
site preparation and grading, irrigation, trees/palms, shrubs, groundcovers, solQdijl'Qal
clean-up. Contractor shall also include project "milestones" for designated project areas within
the total project area as required, including substantial completion dates.
H. All certificates, reports, and samples shall be submitted by the Contractor to the Landscape
Architect a minimum of one week prior to the installation of any of the materials. Contractor
shall not begin work until all submittals have been verified by the Landscape Architect.
Submittals are required, as directed by the Landscape Architect or Owner's Representative,
but are not limited to the following:
1. Existing soil analysis and sample.
2. Prepared soil analysis and sample.
3. Mulch sample (as specified on plans).
4. Erosion control fabric sample as required.
5. Pre-and post-emergent herbicide.
6. Weed eradication treatment for lawn grass.
7. Foliage spray fertilizer(s).
8. Sod certification(s).
9. Plant samples and/or photographs.
10. Drainage gravel sample.
11. List of personnel, qualifications, and schedule.
12. Guying methodologies.
13. Leaf antidessicant spray.
14. Maintenance manual.
15. Soil Separator sample and product sheet.
16. Sand fraction analysis.
17. Fertilizer(s).
18. Plant supplier certifications.
All products or materials to be supplied for the project shall have samples submitted to a
laboratory and/or testing firm approved by the Owner.
1.07 DELIVERY. STORAGE AND HANDLING
A. Inventory: Verify that plant species, quantity, and quality of plants in Owner's nursery and/or
holding area matches that on plant list and drawings.
B. Preparation for delivery:
1. Prune head and/or roots of all trees only under direction of Landscape Architect, and as
required to assure safe loading, shipment and handling without damaging the natural form
and health of the plant.
2. Balled and Burlapped (B&B) plants
a. Dig and prepare for shipment in manner that will not damage roots, branches, shape,
and future development after replanting.
b. Ball with firm, natural balls of soil, per "Florida Grades and Standards for Nursery
Plants".
c. Wrap ball firmly with burlap or strong cloth and tie: ANSI Z60.1.
C. Delivery
GC-CA-J-32
1. Deliver soil conditioners (pesticides, herbicides, fumigants, and fertilizers) t~ ~ il;tjl~l
unopened containers bearing manufacturer's guaranteed chemical analysif.' nam~- ~'"'g"~ark,
and confonmance to state law. Store in designated areas only.
2. Deliver planting soil mixes and mulch in bulk with manufacturer's guaranteed mix, name,
and conformance to State law. Store in designated areas only.
3. Deliver plants with legible identification labels.
a. Label trees, evergreens, containers of like shrubs, or groundcover plants.
b. State correct plant name and size indicated on Plant List.
c. Use durable waterproof labels with water-resistant ink, which will remain legible
for at least 60 days.
4. Protect all plant materials during transport/delivery with shade cloth or other acceptable
means to prevent wind burn.
5. Protect all plant material during delivery to prevent damage or desiccation to root ball or
desiccation of crown and leaves.
6. Mist periodically each day all tree/palms root balls and crowns/tops during delivery,
handling, and storing on site to ensure against drying.
7. Notify Landscape Architect and Owner's Representative of delivery schedule in advance so
plant material may be inspected upon arrival at job site.
8. Remove unacceptable plant material immediately from job site.
E. StoraQe
1. Balled and burlapped plant stock: Deliver from nursery.
2. Bare root plant material: Deliver direct from supplier.
3. Protect roots of all plant material from drying or other possible injury with shade-cloths, tarps,
or other means. Keep plant root ball and crown moist at all times.
4. Store plants in shade and protect from weather. Heel in trees in a vertical position as
required. Irrigate all stored plants as required.
5. Maintain and protect plant material not to be planted within four hours. Plant palms upon
delivery.
D. Handlinq
1. Do not drop plants.
2. Do not pick up container or balled plants by stems or trunks.
3. Do not use chains or cables on any trees or palms. Handle using nylon straps. 2" width
minimum.
GC-CA-J-33
1.08 JOB CONDITIONS 1 /.... Q 1:(]\
A. PlantinQ Season: Perform actual planting only when weather and soil co~~nd-'a:+~itable,
in accordance with locally accepted practice.
B. Locate and mark all overhead and underground utilities and other non-readily visible structures
on site, and notify the Project Manager of any possible conflicts before starting any work.
The Contractor shall repair all damage to underground utilities, and/or construction caused by
utility damage, at no cost to the Owner.
C. Verify that all existing trees to remain are properly identified and barricaded to prevent damage
under this and future construction. The Contractor shall be responsible for maintaining
adequate identification and barricading of all existing plant material to remain throughout the
installation and required maintenance period.
1.09 GUARANTEE
A. Guarantee all shrub and groundcover, trees, and palms plant material for a period of 12
months after date of Final Completion. Replacement plants under this guarantee shall be
replaced within (2) two weeks of rejection, and guaranteed for (12) twelve months from date of
installation.
B. Repair damage to other plants, lawn or construction work during plant replacement at no cost
to the Owner (this includes, but is not limited to, damage to curbs, walks, roads, fences, site
furnishings, etc.).
1.10 SCHEDULING
A. Coordinate work and installation as required with other contractors within the project area that
may be in progress as required.
B. Install trees, shrubs, and ground cover before lawns are installed.
C. Notify Project Manager and Landscape Architect of anticipated installation date at least (2) two
weeks in advance.
PART 2 - PRODUCTS
2.01 PLANT MATERIAL
A. Well-formed and shaped, true to type, and free from disease, insects, and defects such as
knots, sun-scald, windburn, injuries, abrasion or disfigurement.
B. True to botanical and common name and variety: American Joint Committee on Horticultural
Nomenclature, Standardized Plant Names, latest edition.
C. Minimum grade of Florida NO.1 in accordance with "Grades and Standards for Nursery Plants"
latest Volumes, published by the State of Florida Department of Agriculture. All plants not
listed in "Grades and Standards for Nursery Plants", published by the Division of Plant
Industry, shall conform to a minimum grade of Florida NO.1 as to:
1. Health and vitality
2. Condition of foliage
3. Root system
GC-CA-J-34
4.
5.
6.
Freedom from pests or mechanical damage
Heavily branched and densely foliated according to the accepted normal shape
Freedom of low and/or tight "V' shaped crotches.
16 B 10
D. Nursery Grown: ANSI Z60.1-1969
1. Grown under climatic conditions similar to those in locality of project.
2. Container grown stock:
a. Growing in container for minimum 30 days before delivery, with sufficient
root system for container size.
b. Not root-bound or with root systems hardened off.
3. Use only ground cover plants well-established in removable containers, integral containers,
or formed homogenous soil sections.
4. Trees shall be nursery/tree farm grown. Collected and Grow Bag trees will not be accepted
unless previously approved in writing from the Project Manager and Landscape Architect.
E. Minimum root ball sizes for all palms shall be as delineated within "Grades and Standards for
Nursery Plants, Part II, Palms and Trees", latest volumes, published by the State of Florida
Department of Agriculture.
F. Materials should be installed at their specified size and heights.
2.02 PLANTING SOIL
A. Topsoil and planting soil mixture for backfill around trees, palms, shrubs, and groundcover
shall be as specified in Section IV - Planting Soil Preparation.
2.03 SOIL CONDITIONERS
A. Soil conditioners shall be as specified in Section IV - Planting Soil Preparation.
1. Apply foliage sprays with a wetting agent.
B. It shall be the responsibility of the contractor to supply and transport water to all landscape
areas during construction until the irrigation system is installed.
2.04 MULCH
A. Eucalyptus mulch, Grade A shredded, clean pine straw, loose, substantially free of mineral
waste materials, and sterilized.
B. Processed specifically for use as mulch around plant beds.
2.05 GUYING AND STAKING MATERIAL
A. Stakes for Palm tree support:
1. Construction grade lumber, pressure treated pine.
2. Vertical Stakes: Nominal 2" x 4" x 8' long pressure treated pine and pointed at one end.
GC-CA-J-35
3. Braces for Palm Trees: Nominal 2" x 4" x 8'long pressure treated pine. 16 8 10
4. See detail sheets for staking requirements for palms.
B. Guvina Wires: Annealed, galvanized iron or galvanized steel 10 gauge wire. Wire shall be
flagged with white surveyor tape minimum 2 per guy wire, (one flag near ground level, and one
flag near the middle of the length of wire, above turnbuckle, if used), or approved equal.
C. Hose
1. Type: New Yz" diameter 2-ply reinforced black rubber or plastic hose.
2. Minimum length: 6 inches.
D. Turnbuckles
1. Turnbuckles are required. The Contractor shall be responsible for keeping taut all
guyed plant material, and for keeping flagging in place. One turnbuckle per guy wire is
required.
2. Guying to be tightened as needed, but always within one day of when found necessary.
2.06 SLOPE STABILIZATION
A. The Contractor shall be responsible to stabilize grades by approved methods where
necessary.
B. Contractor shall stabilize all sloped areas greater than 2.5 to 1 and areas found to be required
to reduce surface erosion by the Owner's Representative with erosion control fabric.
Contractor shall install erosion control fabric according to the manufacturer's instructions.
2.07 SOIL SEPARATOR
A. Soil separator material or drainage cloth shall be used where specified within the plans or
details.
B. The soil separator in landscape shall consist of a sheet of structure composed entirely of
preferentially oriented isotactic polypropylene continuous filaments thermally bounded mostly
at the crossover points and weighing 4.0 + 0.3 oz.lyd.
1. "Typar" style 3341, by Dupont or approved equal. Available through Reemay, Inc.
(Phone 1-800-321-6271), and sold through Exxon, Inc. (phone 1-800-543-9966).
2. Technical Data
Weight 4.0 oz.lyd. ASTM D1910-64 (1975)
Thickness 15 mils ASTM 01777-64 (1975)
Grab Tensile 1351bs. ASTM D1682-64 (1975)
Elongation to Bcab 62% ASTM D1682-64 (1976)
Trapezoidal Tear 74 Ibs. ASTM D2263-68
Puncture Strength 50 Ibs. ASTM D751-73
Mullen Burst 200 psi ASTM D774-46
GC-CA-J-36
Abrasion resistance 42 Ibs. ASTM D1175-71
Specific Gravity .95
Equivalent Opening 70 to 100 U.S. Corps of Eng. ASTM size (EOS) std.
Sieve D422-63 (1972)
Flux 230 gal./ftImin. EURM-100
Coefficient of H 0 2x10 cm/sec. EURM-100
16 BIO
.=
3. Soil separator installation
a. Roll, size and overlap as required as indicated, and complete installation as per
manufacturers standard printed specifications, inspections and recommendations.
b. Contractor shall be responsible for securing top edges of soil separator by an
approved method.
2.08 DRAINAGE GRAVEL
A. Gravel for tree pits shall be River gravel and shall be of graduated sizes; gravel for vertical
drains shall be #57 stone.
B. River gravel shall be no smaller than three quarter inch (314"), nor larger than one and on
half (1 W') in any direction.
C. Gravel shall be installed as shown on drawings, or to a minimum of 4" depth.
D. Gravel shall be washed clean and contain no chemical elements harmful to plant growth.
E. Drainage gravel shall be provided and installed in the bottom of tree/palm planting pi'
where percolation may not be adequate (see Part 3.03 "Preparation" within this section).
PART 3 - EXECUTION
3.01 INSPECTION
A. Verify that final grades and drainage have been established prior to the beginning of the
planting operation.
B. Inspect trees, shrubs, and ground cover plants for injury, insect infestation, and trees and
shrubs for improper pruning.
C. Do not begin planting of trees until deficiencies are corrected, or plants replaced.
D. The Landscape Architect is not responsible for the site safety, means and methods of
installation and/or construction by the Contractor, subcontractors, or Owner.
E. All existing manholes, valve boxes, etc., within landscape areas must have access
maintained during construction.
3.02 LOCATION/STAKING
A. Stake out locations for plants and outline of planting beds on ground. All large canopy
trees and palms shall be installed so as to maintain a 5 foot horizontal separation. ar
minimally a 1.5 foot vertical separation, from underground utilities; notify Landscape ArchiteL..
and/or Owner's Representative if conflicts exist.
GC-CA-J-37
B. Do not begin excavation until stake out of plant locations and plant bedJa~ a~cJtQle to
the Project Manager and/or Landscape Architect.
C. The location of all plant materials shall be field staked prior to installation for Project
Manger and/or Landscape Architect's approval.
3.03 PREPARATION
A. Plant Pits
1. Shape
a. Vertical sides and flat bottom. Tree/palm pits shall have mounded bottoms to
improve drainage as detailed.
b. Plant pits to be square or circular.
2. Size
a. Trees and Palms
(1) Depth: Minimum 2 ft. from finish grade and increased as necessary to
accommodate planting ball or drainage.
(2) Width or diameter: 3 times greater than diameter of planting ball (unless
otherwise approved by Landscape Architect for special planting areas).
b. For Shrubs and Groundcovers
(1) Depth:
(a) 1, 2 and 3-gallon plant material shall receive a minimum of 2" of
planting soil mixture beneath the root ball, holes 3 times greater than diameter of
root ball, or not less than 18" in width. Excess excavated soil may be evenly
spread on site at the direction of the Owner's Representative.
(2) Width or Diameter
(a) All 2 or 3-gallon material shall be placed within a minimum
18" dia. planting hole, and backfilled with the specified planting
soil mix.
(3) Bring all beds and pits to smooth, even surface conforming to established
grades after full settlement has occurred. NOTE: Amending of, and quantities
of planting soil mixes as outlined above contingent with existing soil
conditions.
B. Disposal of Excess Soil:
1. Use acceptable excess excavated topsoil to form watering saucers around the plants.
2. Dispose of additional excess soil at direction of Owner's Representative.
3. Dispose of unacceptable or unused excess soil in designated staging area as directed
by the Owner's Representative.
4. All spoilage shall be deposited, spread and fine graded to a maximum 2" layer as
directed by the Owner's Representative.
C. Plantin~ Beds:
1. For planting beds requiring soil replacement or amended planting soil mixture, grade to
meet required finished grade.
2. Bring all beds to smooth, even surface conforming to established grades after full
settlement has occurred.
GC-CA-J-38
16 B 10
D. Test fill all tree pits with water before planting to assure that proper drainage and
percolation is available. Pits which are not adequately draining shall be excavated to a
depth sufficient for additional drainage and backfilling with gravel. No allowances will bf
made for lost plants due to improper drainage. The Contractor shall replace with same
species size and specification at no cost to Owner.
3.04 PLANTING
A. General
1. Center plant in pit.
2. Face for best effect, or as directed by Landscape Architect.
3. Set plant plumb and hold rigidly in position until soil has been tamped firmly
around planting ball.
4. Use only planting soil backfill as specified in Section V.
5. Place sufficient planting soil under plant to bring top of planting ball to finish
grade (top of tree/palm root balls shall not be set below finished grade). The root
initiation zone must be visible and above or slightly above the finished grade.
6. Backfill pit or trench with planting soil in 9 inch layers. Water each layer
thoroughly to settle soil and work soil completely around roots and planting ball.
7. Apply water for watering-in with hoses; flooding of medians and/or watering in
with sprinklers is not acceptable and shall not be allowed.
8. After soil settles, fill pit with planting soil and water. Leave pit surface even with
finish grade.
9. Plant all shrubs and ground covers per specifications and details and maintain a
minimum 36" offset from back of curb, walks, and/or paving.
10. Topsoil berm:
a. Construct a topsoil berm 6 inches above finish grade, forming a watering
saucer with a level bottom around each palm or tree.
b. Size: 3 times greater diameter than the diameter of root ball. Maintain 4
foot diameter mulch circle or to the outside of the water saucer around all
trees in sod areas.
c. Leave saucer for 3 months, or as directed by Owner's Representative. At
the end of 90 day warranty period, re-grade area and re-mulch planting
circle (or planting bed) for all plantings. Remove excess from basin and
clean area. Replace any damaged plant material or sod at no cost to
Owner.
B. Balled plants (B&B)
1. Place in pit on planting soil backfill material/drainage gravel that has been hand-
tamped prior to placing plant.
2. Place with burlap intact, so location of ground line at top of ball is same as at
nursery where grown.
3. Remove binding at top 'Iz of planting ball and lay top of burlap back 6 inches.
For wire balled trees, remove wire from the top 1/3 of the ball (12" minimum)
after the tree has been
stabilized by partially backfilling the planting pit.
4. Do not pull wrapping from under the planting ball.
GC.cA.J.39
16 B 10
5. Do not plant if planting ball is cracked, broken, or showing evidence of voids
before or during planting process. Replace with plant of same species, size, and
specification at no cost to Owner.
C. Container-arown plants
1. Container removal
a. Do not injure planting ball.
b. Do not cut cans with spade or ax.
c. Do not cut sides on knockout cans.
d. Carefully remove plants without injury or damage to planting ball.
e After removing plant, superficially cut edge roots with knife on three sides.
Note: Root-bound plants or those not completely rooted throughout the
container shall not be accepted.
2. Dig and prepare planting beds according to drawings and as specified herein.
3. Hand place plants which are in containers less than one gallon in size.
4. Hand backfill and hand tamp, leaving slight depression around bases of plants.
5. Do not cover top of root ball; the root initiation zone must be visible and above or
slightly above the adjcent finished grade.
6. Thoroughly each plant for settlement and replace required planting soil.
3.05 FERTILIZER APPLICATIONS
Apply granular fertilizer as recommended by soil testing analysis and/or specified
herein, as approved by the Project Manager. The following provisions shall apply:
A. Schedule time of fertilization with Project Manager and/or Landscape Architect to verify
compliance of fertilization of plant materials.
B. Apply granular fertilizer at following rates to planting bed and saucer areas around each
tree, palm and shrub.
1. Trees:
a. Caliper 4 inch and larger: 1 pound per inch of caliper (i.e. 4" caliper equals
4 Ibs. of fertilizer).
b. Caliper 4 inch and less: 1 pound per inch of caliper (i.e. 2" caliper equals 2
Ibs. of fertilizer.
2. Shrubs: 7 gallon or greater: 1 lb. per 3' ht. of plant
5 gallon to 3 gallon Y, Ib per plant
1 gallon or less Y. lb. per plant
3. Ground Cover Plants:
1 gallon or less Y. lb. per plant
4. Palms: 1 pound per inch of caliper.
C. Broadcast under foliage canopy and incorporate into soil.
D. Water immediately until root structure of plant is wet. Assure protection from fertilizer
burn.
E. Apply foliage nutrient spray to all Palm species at time of planting. Do not apply foliage
sprays in summer months (i.e. June through August). Schedule fertilization with
GC-CA-J-40
Landscape Architect. Drench palm leaves with
manufacturer's recommended rate to all palm species.
foliage nutln~ stiJ. a
the
3.06 WEED AND INSECT CONTROL
A. Seven days prior to planting apply post-emergent herbicide, "Roundup" or equal a"
manufactured by Monsanto Corp. or approved equal, per manufacturer's rate and
method of application to all landscape bed areas as necessary.
B. Provide viable application of pre-emergent herbicide "Surflan" in accordance with
manufacturer's recommendations before mulching, and again as necessary throughout
required maintenance period to prevent weed seed germination.
1. Contractor shall schedule application with Owner or Owner's Representative to
verify compliance with specifications.
C. The Contractor shall verify that the herbicide and application technique will not damage
plant material prior to application, and shall replace, and/or repair damage to any plant
injured by herbicide application at no cost to the Owner.
D. Provide written certification that all plant materials including palms have been
specifically treated for insect control.
E. Keep beds, pavers, curbing, and other pavement joints free of weeds during the
construction process until Provisional Acceptance.
3.07 MULCHING
A. Top mulch planting pits, trenches, and areas within two days after planting.
B. Cover watering basin or bed evenly with 4 inches uncompacted depth of mulch
material; no mulch within 4" of the tree base and no mulch within 2" of the shrub base.
C. Water thoroughly immediately after mulching.
D. Match mulch elevation at plant bed/sod line.
E. Hose down planting area with fine spray to wash leaves of plants twice a week, or as
required.
F. Exclude mulch from annual beds.
A.
GUYING AND STAKING OF TREES
Guy trees as shown on the drawings, except where they are planted in special locations
where guying is not feasible.
3.08
1. Stake installation
a. Install stakes perpendicularly, 2 feet into ground at edge of root ball. Do
not install stake through soil separator or drainage gravel if present. Do
not install stakes through root ball. Install stakes or guying within the trer
or palm mulch area.
b. Number of stakes as shown.
GC-CA-J-41
B.
Stake palm trees as shown. Contractor shall not deepen the buri~ 9 a~y laQs for
stabilization in lieu of staking. The clear trunk height shall be required as specified on
plans after installation. The Contractor shall be responsible for and guarantee the
installation against toppling, and be responsible for any and all damage incurred by
toppling over of palms.
C.
Contractor shall leave all guying and staking in place and maintain in good repair.
Ensure no guys or stakes occur in grassed areas.
3.09 PRUNING
A. Prune minimum necessary to remove injured twigs and branches, deadwood, and
suckers. Pruning shall be done with regard to natural form of plant material, or as
directed by the Landscape Architect.
1. Prune trees and shrubs prior to delivery to site only under direction of Landscape
Architect.
(Note: Pruning is required for collected palms and trees per "Grades and
Standards for Nursery Plants Part II, Palms and Trees, latest volumes.
A. Pruning cuts shall be monitored to ensure proper healing and to prevent insecUdisease
infestation.
C. Contractor shall perform all specialized shearing and/or pruning as directed by the
Landscape Architect, as shown on the drawings, at no additional cost to the Owner.
-'1.10 CLEANING
A. Fill all pits/depressions in holding area, and rough grade to meet surrounding
elevations. Remove any organic or other debris resulting from the plant relocation
process.
B. Sweep and wash all paved surfaces.
C. Remove planting debris from project site and holding area.
D. Remove soil conditioners, soil mixes, gravel, etc. from project site and holding area.
3.12 SUBSTANTIAL COMLETION. PROVISIONAL ACCEPTANCE. OBSERVATION AND
ACCEPTANCE
A. Observation of the entire project, or designated portions thereof, shall be made upon
written request of the Contractor. At that time, if all work is satisfactory and complete
according to the conditions of the Contract, the Project Manger shall declare the work
substantially complete.
The Contractor shall provide to the Project Manager three (3) copies of the "As-
BuilURecord Drawings" Plan prints to include highlighting any changes to the approved
permitted plans.
B. Contractor's written request for review of the complete work shall be received by the
Project Manager at least five (5) days before anticipated date of observation.
GC-CA-J-42
'! . "..10
l\;lO
C. Plants that have died or are in unhealthy or badly impaired condition on observation
shall be treated or replaced immediately at no additional cost to Owner.
D. Replace rejected plants within two (2) weeks of observation or as indicated in It.
project time line schedule.
E. Final completion and/or acceptance of the work for the entire project, or designated
portions thereof, shall constitute Provisional Acceptance and the beginning of
guarantee period.
F. All proposed and/or preserved existing landscaping shown on the plans requires
continuous horticultural maintenance services. Contractor's responsibility for
maintenance (exclusive of replacement within guarantee period) shall be in according to
the conditions of the contract. The Owner's responsibility for maintenance shall
commence at Provisional Acceptance, upon the end of the Contractor's responsibility in
accordance with the conditions of the contract. Horticultural maintenance services are
to be provided by the owner or the owner's representative for proper plant
establishment and continued proper and/or controlled growth of the above ground
foliage and underground root system.
At substantial completion, Provisional Acceptance will be given by the Landscape
Architect and the Owner's Representative, provided the Contractor has supplied the
Landscape Architect with three (3) copies of written maintenance instructions as
required under Paragraph 1.06 of this section. A complete maintenance manual shall
contain information in sections of the following:
1. Weed Control
a. Shrub areas
b. Turf
2. Pest/Insect Control
a. Trees
b. Palm
c. Shrubs
d. Turf
3. Fertilization
a. Schedules
b. Trees
c. Palms
d. Shrubs
e. Products/amounts or application rates
f. Soil Testing
g. Turf
4. Mulching ReQuirements
5. Trees. palms. and Shrubs
a. PruninglTrimming
b. Watering Requirements
GC-CA-J-43
c.
d.
Soil Testing
Specifics for each type specified
16810
END OF SECTION VI
SECTION VII - SODDING
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. All applicable provisions of the Bidding and Contract Requirements, and General
Requirements shall govern the work under this section.
B. Collier County Streetscape Master Plan
C. Goodlette-Frank Road Landscape Plans.
D. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation
Sections and the Collier County D.O.T. Roadway and Traffic Design Standards.
E. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of
Plant Industry Grades and Standards for Nursery Plants, latest volumes.
1.02 WORK INCLUDED
A. Provide all labor, materials, necessary equipment and services to complete the sodding
work, as indicated on the drawings, as specified herein, or both, including the
replacement of any sod damaged from and adjacent to construction work, with sod of
identical genus, species, and variety.
B. Provide maintenance of traffic plans for automobile and pedestrian traffic within the
project. Submit plans to the roadway agencies having jurisdiction for approval, prior to
beginning work.
1.03
A.
B.
C.
D.
RELATED WORK
Section I - Traffic Control Plan
Section 111- Grading
Section V - Irrigation
Section VI - Plant Material and Installation
1.04 QUALITY ASSURANCE
A. Standards
1. Florida Turf Producers Association, all sod shall be Florida Standard Grade.
B. Testing Agency: Independent Testing Laboratory.
C. Reauirements of Regulatory Aaencies: Conform to the requirements of the State
Department of Agriculture.
..... 05 SUBMITTALS
A. Certificates and Guarantee
GC-CA-J44
16 B 10
1. Growers Certification and Guarantee
a. All sod shall be Florida Standard Grade sod as defined by the "Florida
Turf Producers Association" which is true to botanical variety and 98%
free of weeds and foreign grasses.
b. Florida Standard Grade may have no visible broad leaf weeds whe"
viewed from a standing position, and the turf shall be visibly consistent
with no obvious patches of foreign grasses. In no case may the total
amount of foreign grasses or weeds exceed 2% of the total canopy. The
sod shall be neatly mowed and be mature enough that when grasped at
one end, it can be picked up and handled without damage.
c. Grass species and variety, with date and location of field from which sod
is cut.
d. One certificate per truckload is required.
e. Compliance with state and federal quarantine restrictions, if applicable.
2. Manufacturer's certification of fertilizer and herbicide composition.
3. Contractor shall submit all certifications, reports, etc., to the Project Manager a
minimum of one week prior to installation.
B. Maintenance Instruction: Prior to the end of the maintenance period; furnish three
copies of written maintenance instructions to the Owner's Representative and
Landscape Architect for maintenance and care of all sodding throughout the full
growing season.
1.06 DELIVERY, STORAGE AND HANDLING
A. Deliver sod on pallets.
B. Protect root system from exposure to wind or sun.,
C. Protect sod against dehydration, contamination, and heating during transportation and
delivery.
D. Do not deliver more sod than can be installed within 24 hours.
E. Keep stored sod moist and under shade, or covered with moistened burlap.
F. Do not pile sod more than 2 feet deep.
G. Do not tear, stretch, or drop sod.
1.07 JOB CONDITIONS
A. Begin installation of sod after preceding related work is accepted.
B. Environmental Requirements:
1. Install sod during months acceptable to the Landscape Architect or Owner's
Representative.
2. Do not install sod on saturated soil.
C. Protection: Erect signs and barriers against vehicular traffic.
GC-CA-J-45
1.08
GUARANTEE
16810
A. Guarantee sod for period of twelve (12) months after date of Provisional Acceptance.
B. Replacement sod under this guarantee shall be guaranteed for twelve (12) months from
the date of installation.
C. Repair damage to other plants during sod replacement at no cost to the Owner.
PART 2 - PRODUCTS
2.01 SOD
A. Grass Species
1. Stenotaphrum secundatum "Floratam", St. Augustine "Floratam" Grass - 50%
sand grown.
2. American Sod Producers Association (ASPA) Grade: Nursery Grown or
Approved. Field grown sod is not acceptable.
3. Florida Turf Producers Association: Florida Standard Grade
4. Bahia Sod, Paspalum notatum may be used in temporary, non-irrigated
construction areas and along rights-of-way grass strips for repairs due to
construction activity.
B. All sod shall conform to the following requirements:
1. Pieces: Furnish in pads that are not stretched, broken, or torn.
2. Size: Sod pads shall be 18 x 24 inches in size (plus or minus 5%) with a 1 Y,
inch thickness (excluding top growth and thatch).
3. Sod shall be uniformly 2" in height.
4. Thatch: Maximum Y, inch uncompressed in St. Augustine grasses.
5. Inspected and found free of diseases, nematodes, pests, fire ants, and pest
larvae by entomologist of State Department of Agriculture.
6. Weeds: Free of horse grass, nut grass, or other objectionable weeds or weed
seeds.
7. Qualitv: Uniform in color, leaf texture, and density.
2.02 WATER
A. Water free of substances harmful to plant growth, objectionable odor, or staining
agents.
2.03 FERTILIZER
B. The Chemical designation for granular fertilizer shall be 15-5-15, with at least 50
percent (50%) of the nitrogen from a non-water soluble organic source for all plantings,
or as otherwise specified based on soil testing results.
C. Apply and distribute by methods and rates as recommended by manufacturer.
........04 HERBICIDES
A. As recommended by the State Department of Agriculture.
GC-CA-J-46
2.05 STAKES
A. Softwood, % inch diameter, 8 inch length as required.
16 B 10
PART 3 - EXECUTION
3.01 INSPECTION
A. Disk, till, and/or scarify existing soil to depth of four inches (4") in all areas to be sodded
to produce a loose, friable soil conducive to exceptional sod growth.
B. Water dry soil to depth of 6 inches, 48 hours before sodding.
3.02
A.
B.
C.
D.
3.03
INSTALLATION
Transplant sod within 48 hours after harvesting. Contractor must provide certification of
date/place of harvest at time of delivery to the Owner's Representative.
Repair all existing lawn areas disturbed by installation of irrigation and/or plantings
which will not be sodded with new sod.
Begin sodding at bottom of slopes.
Lay first row of sod in straight line with long dimension of pads parallel to slope
contours.
E.
Butt side and end joints. Ensure that joints are tight, thereby eliminating the need to
patch and/or top dress to eliminate gaps. Top dress all joints with sand only where
gaps occur and can not be set with tight butt joints.
Stagger end joints in adjacent rows.
F.
G.
Do not stretch or overlap rows.
H.
Peg sod on slopes greater than 1 in 3 with minimum of two stakes per square yard.
I.
Water sod immediately after transplanting. (See 3.03)
J.
Roll sod, except on pegged areas, with roller weighing no more than 150 Ibs. per foot of
roller width. Schedule rolling of sod to ensure observation by Owner and/or Landscape
Architect.
K.
Water sod and soil to depth of 6 inches within four hours after rolling.
TURF ESTABLISHMENT
A.
Watering
1. Keep sod moist during first week after planting watering twice daily.
2. After first week, supplement rainfall to produce a total of 2 inches per week,
minimum watering required 2 times per day.
3. It is the contractor's responsibility to water all turf areas until Provisional
Acceptance.
B.
Mowing
GC-CA-J-47
1.
Maintain Argentine bahia grass as required until final acceJtt alDn 3
inches and 3.5 inches in height. When grass reaches 4 inches in height, mow to
3 inches in height.
Do not cut off more than 50% of grass leaf in single mowing.
Mow with mulching type mowers.
2.
3.
C. Resod spots larger than 1/2 square foot not having uniform stand of grass.
D. Weed Eradication: If required between second and third mowing, apply herbicide
specifically Recommended for grass type uniformly at manufacturer's recommended
rate.
E. Fertilizer: Apply fertilizer uniformly at manufacturer's recommended rate 14 days after
sodding and at three-month intervals thereafter. Thoroughly water in to avoid "burning"
or damaging grass.
F. The contractor shall maintain the sod areas until Provisional Acceptance, and prior to
final completion, insuring the watering for lawn establishment and the mowing
procedures as noted above are maintained during this period.
3.04
A.
CLEANING
Immediately clean spills from paved and finished surface areas.
B. Remove debris and excess materials from project site.
C. Dispose of protective barricades and warning signs at termination of turf establishment.
3.05 FINAL COMPLETION. INSPECTION AND ACCEPTANCE
A. Inspection of the entire project, or designated portion thereof, shall be made upon
written request of Contractor. At that time, if all work is satisfactory and complete
according to the conditions of the Contract, the Project Manager shall declare the work
substantially complete. This date shall be the date of Provisional Acceptance and the
start of the guarantee period.
B. Contractor's written request for review of the complete work shall be received by Project
Manager at least five (5) days before anticipated date of inspection.
C. Sod that has died, or is in unhealthy or badly impaired condition on inspection, shall be
treated or replaced within 14 days at no additional cost to Owner.
D. Replace or repair rejected sod within two weeks of inspection.
E. Final completion of the work for the entire project, or designated portions thereof, shall
constitute Provisional Acceptance, which is the beginning of guarantee period.
F. Contractor's responsibility for maintenance (exclusive of replacement within guarantee
period) shall terminate on date the entire project, or designated portion thereof, at
Provisional Acceptance, when the project or portion thereof is declared to be
substantially complete by the Project Manager according to the conditions of the
GC-CA-J-48
Contract; provided Contractor has supplied Project Manager with tt~ (~ !~s of
written maintenance instructions as required under Paragraph 1.05 of this section.
END OF SECTION VII
SECTION VIII MAINTENANCE DURING CONSTRUCTION
PART 1
GENERAL
These specifications are intended to provide the information by which the contractor may
understand the minimum requirements of Collier County relative to furnishing and delivering
Grounds Maintenance for the road rights-of-way and medians within the project areas.
1.01 RELATED DOCUMENTS
A. All applicable provisions of the Bidding and Contract Requirements, and General
Requirements shall govern the work under this section.
B. Goodlette-Frank Road Landscape Project Plans.
C. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation
Sections and the Collier County D.O.T. Roadway and Traffic Design Standards.
1.02
A.
1.02
A.
B.
C.
D.
2.0
2.01
3.0
3.01
GENERAL NOTES
Emergency and unforeseen conditions may require the County to restrict or remove lane
closures. The Contractor shall make the requested adjustments, as directed by the Project
Manager without delay.
RELATED DOCUMENTS
Section 1- Traffic Control Plan
Section V- Irrigation
Section Vl- Plant Material and Installation
Section VII- Sodding
SCOPE OF WORK
The work covered by this Contract requires a weekly servicing of the Work Areas per all
specifications and services as described in the specifications. This requires the furnishing of
all labor, equipment, materials and services necessary to satisfactorily perform grounds
maintenance, as determined by the Contract Documents, Project Manager or the designated
Owner's Representative as follows:
LOCATION AND DESCRIPTION OF WORK AREAS
The areas of work included in these specifications are the rights-of-way and median work
areas of Goodlette-Frank Road Landscape Project Plans.
CONTRACT STANDARDS
The following are general contract standards required by Collier County for providing Grounds
Maintenance during construction.
TRAFFIC CONTROL
At all times while performing work required by this Contract, the Contractor shall provide an\..
erect appropriate Traffic Control Devices, in accordance with the approved traffic control plan.
GC-CA-J-49
To assist in employee visibility; approved bright day-glow red/orange colored sle~ lllQall
be worn by employees when servicing the area.
Lane closure for median maintenance shall be limited, in accordance with the approved traffic
control plan.
3.02. CONTRACTOR'S EMPLOYEES
Employees of the Contractor shall be properly uniformed and provide a neat appearance. All
employees of the Contractor shall be considered to be at all times the sole employees of the
Contractor under his sole direction and not an employee or agent of Collier County. The
Contractor shall supply competent and physically capable employees and Collier County
requires the Contractor to remove an employee it deems careless, incompetent,
insubordinate, or otherwise objectionable and whose continued contract site services
involvement is not in the best interest of the County.
3.03 ACCIDENTS OR THEFTS
The Contractor shall be responsible each week to contact the Project Manager to report any
accidents or thefts involving or occurring within the areas covered by this Contract. Should
assistance of law enforcement, emergency personnel or others be requested, any costs
incurred shall be included in the Contract unless otherwise approved by the Contract Manager.
The Contractor shall photograph all damage or loss and supply information at the weekly
project meetings along with the weekly submittals: project schedule, minutes, and any
changes to the Contract. The Contractor is responsible for any accidents or loss.
-3.04 RESPONSE TIMES
On a twenty-four (24) hour basis, the Contractor may be required to travel to the site
immediately to meet with the Contract Manager, law enforcement or emergency personnel to
resolve an emergency. The Contractor shall respond to a telephone, beeper, or radio call
within one (1) hour. There shall be no additional charge for these responses.
The Contractor must have an office with a physical address.
The Contractor must have a local office unless the Contractor can guarantee a response time
within one (1) hour.
3.05 CONTRACTOR'S MEETING ATTENDANCE
During the Contract Period, the Project Manager may have questions concerning maintenance
issues. The Contractor shall be required to attend monthly meetings and other special
meetings that the Project Manager should require. There shall be no additional charge for
attendance at these meetings.
3.06 GENERAL MAINTENANCE REPORT SHEETS
The Contractor shall complete the "General Maintenance Report Sheets" on a weekly basis
and submit same on a monthly basis to the Project Manager or the Owner's appointed
representative. The Contractor will also be required to conduct on-site observations with the
Project Manager or Owner's Representative on a monthly basis to verify satisfactory
completion of Contract requirements. The original forms for the report sheets will be provided
to the Contractor for his reproduction purposes.
3.07 VENDOR PERFORMANCE EVALUATION
GC-CA-J-50
Collier County has implemented a vendor Performance Evaluation System ~~II~ltQcts
awarded in excess of $25,000. To this end, vendors will be evaluated on their performance at
the midpoint and upon completion/termination of agreement.
3.08 NON-PERFORMANCE
In the event that the Contractor fails to perform any required services within the time
schedules set forth under this Contract, the County reserves the right to obtain substitute
performance. Further the County reserves the right to deduct the cost of such performance
from the Contractor's payments. The Contractor may be exempt from this provision if such
exemption is granted by the Project Manager in writing, prior to any delays or as a result of an
Act of Nature. The Project Manager reserves the right to deduct portions of the invoiced
amount for items not completed within the expressed time frame, even if the County did not
obtain substitute performance. These funds would be forfeited by the Contractor. Further, the
County reserves the right to deduct the cost of such performance from the Contractor's pay
request. The County may also deduct or charge the Contractor for services or items necessary
to correct the deficiencies directly related to the Contractor's non-performance.
3.09 CONTRACT TERMINATION
The Contractor agrees that the County/Project Manager shall be the sole judge of non-
performance. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County as per the Contract and Specifications or for any of the
following points, the County may terminate this Contract immediately:
1. Inability for any reason, of the Contractor to perform requested service requirements.
2. Work that is not performed on a level consistent with the industry standards.
3. Services not rendered within a reasonable time after notification by the Project Manager.
4. Non-compliance with any portion of this Contract.
5. Immediately for cause.
4.0 BASIC MAINTENANCE FUNCTIONS
A. MOWING AND EDGING
Mowing and edging shall only include the medians that contain turf or any immediate turf areas
surrounding or within a work area that is tied up for more than seven (7) days, along the rights-
of-way involved in the contracted work.
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 inches (3"). The
frequency of cutting will be weekly. The number of mowings may be modified by the Contract
Manager or by seasonal weather conditions at the Contract Manager's discretion.
The Contractor shall use or alternate mowing practices, patterns or equipment within narrow turf
areas so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water
soaked during the period of this Contract shall be mowed with twenty-one inch (21" +/-) diameter
hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self-
propelled rider mowers. The Contractor shall be responsible for repairing any ruts caused by
their mowers at no additional costs to the County.
Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of
concrete curbs, around all plant beds, utility service boxes, street light bases, sign posts,
GC-CA-J-51
headwalls, guardrails, timer pedestals, posts and trees. Grass root runners 16ctit lOthe
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 including a four foot (4') area from the face of the curb and
sidewalk areas 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. IRRIGATION SYSTEMS
The sprinkler systems shall be checked and repaired as necessary. Quick coupling valves shall
be reviewed weekly and operated to insure proper operation. Maintenance responsibilities will
include cleaning and adjustment of heads, nozzles, and valves to insure proper coverage, review
of filters and backflow preventers, replacement of heads and nozzles, installation or replacement
of risers, repair of minor breaks or restricted sprinkler lines, replacement of damaged valve
boxesllids and adjustment of controllers and rain shutoff switches for settings and operation.
Labor costs for these services shall be included in the Contract Proposal. Faulty or non-accident
related materials or parts required for repairs shall be under warranty and at no additional
charge. Major accident damage repairs to the sprinkler system including repair of valves,
mainlines, time-clocks, damage by vehicles or electrical wiring problems not caused by the
Contractor or their sub-Contractors will be considered as additional expenses to the Contract.
These additional expenses shall be charged as a time and material billing. All additional
expenses must be approved by the Contract Manager prior to proceeding with the work.
MISCELLANEOUS IRRIGATION MAINTENANCE RESPONSIBILITIES
1. Should the temperature be forecast to be below thirty-four (34) degrees, the Contractor
shall be responsible for turning the irrigation system off in order to protect plants from
possible freeze damage.
2. It shall be the Contractor's responsibility to notify the Contract Manager of any irrigation
problems or additional irrigation maintenance needs.
3. The Contractor shall maintain on-site, where required, the County supplied reclaimed water
irrigation signage. Cost to install replacement signs shall be considered additional services
and be billed on a time and material basis.
Should additional costs be involved which are not covered within the Contract
Specifications, a Unit Cost shall be agreed upon by the Contractor and the Contract
Manager prior to performing additional services. The irrigation service personnel shall
have on-site two-way hand-held communications during all services and/or inspections.
C. WEEDING
Weeding of plant beds, sidewalks, guardrail bases, tree grates, curb and paving joints and 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.
U. GENERAL SITE PRUNING
GC-CA-J-52
16 B 10
All pruning shall be minimal and performed on an as needed basis. Pruning shall only be
performed to encourage growth, remove dead or diseased foliage, or to maintain sight window
requirements per the F.D.O.T. Indexes
E. TRASH REMOVAL
With each service, all site work areas shall be cleaned by removing all trash or debris to include,
but not be limited to: paper, bottles, cans, other trash, and horticultural debris. All debris or trash
pick-up shall be perfonmed prior to mowing in all turf areas.
The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal
fees, tipping or charges are to be included in the Contract Proposal Price.
F. STREET CLEANING
A four foot (4') wide area measured from the face of the curb and gutters including turn lanes and
medians shall be cleaned with each site service to remove any accumulation of debris or
objectionable growth to maintain a neat and safe condition.
G. MISCELLANEOUS MAINTENANCE RESPONSIBILITIES
1. If plants, shrubs, trees, grass or foliage die due to neglect or damage by the Contractor,
Contractor's employees or a Subcontractor as determined by the Contract Manager, they
shall be replaced at the Contractor's expense under the warranty.
2. The Contractor shall provide ramps or other devices to gain access over the curb to all
medians. The curb or turf areas shall not be damaged due to gaining access or they will be
replaced at the Contractor's expense.
3. It shall be the Contractor's responsibility to notify the Contract Manager of any maintenanG.
problems or additional maintenance needs.
4. Should additional costs be involved which are not covered within the Contract Specifications,
a Unit Cost shall be agreed to by the Contractor and Contract Manager prior to performing
additional services.
5. The Contractor shall perform inspections on all plants, shrubs, trees and grass areas for
disease or insect infestation during each week's service to the site. The Contractor shall
immediately notify the Contract Manager should a disease or infestation be found and begin
appropriate treatment per the Contract requirements.
6. The Contractor shall have radio, cellular phone and/or beeper equipment for on-site and off-
site communication in order to communicate with the Contract Manager.
SECTION III. SITE SPECIFIC MAINTENANCE FUNCTIONS
The requirements of this section may apply if circumstances require extended maintenance under
construction.
A. CANOPY TREE AND PALM PRUNING
All pruning shall be minimal and performed on an as needed basis. Pruning shall only be
performed to encourage growth, remove dead or diseased foliage, or to maintain sight windovlI
requirements per the F.D.O.T. Indexes.
B. FERTILIZATION
GC-CA-J-53
The following fertilization schedule is provided as a yearly guideline for the fertilarRf!rQplant
materials. The Contractor is responsible for providing fertilization of the newly installed plant
materials as directed by the Contract Manager to encourage and promote growth.
The Contract Manager reserves the right to change the fertilization schedule and formulation as
needed to meet special turf or plant needs or other unforeseen conditions which may develop.
Prior to fertilization application, notification to the Contract Manager is required to allow for
inspection of all bags.
Granular fertilization of shrubs and groundcovers shall be applied by hand in a twelve inch (12")
radius ring around the base of the plants. Trees and palms shall be fertilized by hand in a thirty-six
inch (36") radius ring around the base. 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 groundcover shall receive one-half (Y:.) 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.
St. AUQustine "Floratam" Grass
Granular fertilization of St. Augustine "Floratam" grass shall be applied by rotary spreader at the
recommended rates seven (7) times per year as set forth in the following schedule.
Months Formulation Application Rates
December 21-0-0 4.5 Ibs. /1,000 sq. ft.
February 15-5-15 (SR) 6.5 Ibs. /1,000 sq. ft.
April 0.0 22 So-Po-Mag 10.0 Ibs./1,000 sq. ft.
May 15-5-15 (SR) 6.5 Ibs. /1,000 sq. ft.
Months Formulation Application Rates
July 13-3-13 (SR) 7.0 Ibs. - 1,000 sq. ft.
September 0-0 22 So-Po-Mag 10.0 Ibs. /1,000 sq. ft.
October 15-5-15 (SR) 6.5 Ibs. /1,000 sq. ft.
Shrubs. Groundcovers. Palms and Trees
Trees with tree grates shall have the fertilizer applied along the house side of the tree grate and
poured into the tree grate slot openings.
Months
Formulation
Application Rates
October
9-11-11
12.5Ibs./1,000 sq. ft.
February
9-11-11
12.5 Ibs. /1,000 sq. ft.
GC-CA-J-54
April
0-0 22 So-Po-Mag
10.0 Ibs. /1,000 sq. ft.
16 B 10
September
0-0 22 So-Po-Mag
12.5 Ibs. /1,000 sq. ft.
12.5 Ibs. - 1,000 sq. ft.
10.0 Ibs./1,000 sq. ft.
May
9-11-11
July
9-11-11
Applications of Sequestrene Iron at a mixture of 1.25 tablespoons per gallon shall be applied
during the months of March, June September and December. The application is to be a drench,
at the root zone of any plants subject to iron deficiencies as determined by the Contract Manager.
Applications of 20-20-20 at ten (10) pounds of materials per one hundred (100) gallons of water with
Ferrmec AC 13-0-0 plus 6% iron at 1/3 gallon of material per one hundred (100) gallons of water. TR-
C. ORNAMENTAL AND TURF SPRAYING
Overall Ornamental & Turf Spraying of plants, shrubs and grassed areas is included in the
Contract.
1. It is required that the Pest Control Firm performing these services shall possess and provide
the following to the Contract Manager:
a. Valid State of Florida Pesticide License that complies with all Federal, State (Chapter
482) and local laws and regulations.
b. Bachelor degree in Ornamental Horticulture and/or Entomology or the equivalent practical
experience approved by the Owner.
c. Current Contractor's Occupational License for Pest Control Service.
2. The Pest Control Firm shall provide an overall written pest and spray program that shall
incorporate ant and rodent control and shall meet or exceed the following minimum
standards:
a. Describe procedures, methods and techniques that will enhance the environment.
b. Provide the maximum protection for the health, safety and welfare of the public and
environment.
c. List of all chemicals to be used.
3. The Pest Control Firm shall make on-site inspections and provide written reports to the
Contract Manager once per month.
4. Methods of Application:
One hundred percent (100%) coverage and penetration shall be provided. Insecticides anll
Fungicides shall be applied at the proper pressure to provide maximum coverage. Chinch
GC-CA-J-55
bug treatments shall be applied at a minimum rate of ten (10) gallons ol~J3nl Or 1000
square feet of treatment area.
a. Insecticides should be alternated from organophosphates to pryrethroids like to prevent
an insect immunity to the application.
b. Herbicides used in turf areas shall be applied at the proper pressure.
c. Herbicides shall not be applied when the temperature exceeds eighty-five (85) degrees.
d. Spreader sticker (Nu-Film 17 or equal) shall be incorporated in all spraying of
Groundcovers, Shrubs, Trees, Palms, and Turf Areas when recommended by the label.
e. Spray applications shall be applied during times of "No-Wind" conditions.
f. No trucks or tractors with bar type tires or a gross weight greater than three thousand
(3000) pounds will be allowed within or on the median areas.
g. At time of application, provide and place, traffic control.
h. All spray application shall contain a wetting agent within the mix when recommended by
the label or Contract Manager.
5. Rate of Application:
All chemicals shall be applied at the rates recommended on the manufacture's labels.
6. Materials List:
All insecticide, fungicide and herbicide chemicals to be used on turf areas and on plant
materials shall be submitted in writing to the Contract Manager for review and approval.
7. Application Schedule:
The number of applications shall be as listed below unless otherwise required based upon
the on-site inspection reports.
a. Turf Areas:
Insecticides & Fungicides - Applications on an as needed basis.
Herbicides - Applications, to include Pre-emergent in February and September, Post-
emergent in November, January and March or on an as needed basis
b. Groundcovers, Shrubs and Trees:
Insecticides & Fungicides - Applications on an as needed basis.
c. Bed Areas:
Herbicides - Applications, Pre-emergent in February and September, Post-emergent in
November, January and March or on an as needed basis.
8. Additional Requirements:
GC-CA-J-56
When it becomes necessary for the Contractor to return for additional slr~in~ al 2ected
by the Contract Manager due to non-performance of a required application, such additional
spraying shall be performed at no cost to the Owner.
D. MULCHING
Orqanic Mulch
Mulch shall be maintained to the plan specified coverage and depths.
Non-Oraanic Mulch
Mulch shall be maintained to the plan specific coverage and depth.
E. IRRIGATION SYSTEMS
This site may have both subsurface irrigation and conventional pop-up sprinkler systems.
Subsurface Irriaation System
1. A visual inspection of the subsurface irrigation system shall be done weekly to
determine if there are cuts, leaks or other line damages or problems.
2. All non-accident related cuts, leaks or other line damages found during weekly servicing
of the work area shall be repaired immediately and at no extra cost to the Owner. All
insecticide, fungicide and herbicide chemicals to be used on turf areas and on plant
materials shall be submitted in writing to the Contract Manager for review and approval.
3. No excavation or mechanical edging shall be done within these areas without priL
notification to the Contract Manager.
4. Each zone shall be manually turned on at the valve to ascertain proper operation of
the system.
5. Check the controllers and rain sensing devices for proper operation and settings.
Conventional Pop-uP Sprinkler Systems
Weekly Service Requirements:
1. Each zone shall be manually turned on at the valve to ascertain proper operation of the
system.
2. Repair of blown-off heads, broken lines or leaks around heads or valves.
3. Check the controllers and rain sensing devices for proper operation and settings.
4. The Contractor shall further adjust all sprinkler heads to ensure that all landscaped areas
receive one hundred percent (100%) irrigation coverage.
5. The Contractor shall review the plants within irrigated Work Area, for dry conditions and if
found, correct the problem immediately and advise the Contract Manager.
Monthly Service Requirements:
GC-CA-J-57
1. Manually run the system, clean and adjust sprinkler heads/nozzles al Q,ialiQs as
necessary to ensure for proper coverage and that no sprinklers heads/nozzles are spraying
directly into the roadway.
General Service Requirements:
1. Should South Florida Water Management District or other governing agency establish
water restrictions, the irrigation systems shall be inspected and all controllers set to the
mandated hours of operation set by the District.
2. Replace defective piping, emitter piping, heads, nozzles and risers, and repair minor
breaks or restricted sprinkler lines.
3. Replace damaged valve boxesllids if caused by the Maintenance Contractor.
4. Inspect, clean and replace, if necessary, screens/filters within the sprinkler heads.
5. Use only County approved replacement parts, and use only matched precipitation head
replacements. Replacement sprinkler heads shall be supplied by Collier County.
6. Keep 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
level. Inside of all valve boxes shall be kept clean, and the valves shall be kept one
hundred percent (100%) accessible.
7. One hundred percent (100%) irrigation coverage shall be maintained within all landscaped
areas while this Contract is in effect.
8. Notification to the Contract Manager is required when acts of vandalism or accidents have
occurred to the irrigation system,
F. DECORATIVE PAVERS AND PAVING
All decorative paving areas shall be reviewed with each weekly service to determine if damage or
problems exist.
Upon finding damage or problems to the paving, an immediate notification to the Contract
Manager, or his authorized representative is required. Upon finding damaged areas, the
Contractor shall clean-up debris if present, and/or flag off the areas with protective barriers and/or
high visibility hazard tape. The Contractor shall submit a proposal as soon as possible for repair
or replacement of the damaged brick curbing or paving areas. Repairs to the paving not related
to the Contractor or their sub-Contractor will be considered as additional expenses to the
Contract. The additional expenses shall be charged as a time and material billing with the bricks
being provided to the County. All additional expenses must be pre-approved by the Contract
Manager.
END OF SECTION VIII
GC-CA-J .58
16 B 10
EXHIBIT K
PERMITS
TPA#1953633.11
GC-CA-K-1
16810
EXHIBIT L
STANDARD DETAILS
TPA#1953633.11
GC-CA-L-1
16 B 10
EXHIBIT M
PLANS AND SPECIFICATIONS
TPA#1953633.11
GC-CA-M-1
16 B 10
DATE CERTAIN
DATE:
DATE:
CONSTRUCTION AND CONTRACT TIME LINE SCHEDULE
GOODLETTE FRANK ROAD LANDSCAPE PROJECT
(GOLDEN GATE PARKWAY TO PINE RIDGE ROAD)
BID #I 07-4093
CONTRACT AND/OR CONSTRUCTION ACTIVITIES
CONTRACT AWARD
NOTICE TO PROCEED
DATE:
DATE:
PROJECT SUBSTANTIAL COMPLETION OBSERVATION
CREATE OBSERVATION PUNCH LIST FOR
ENTIRE PROJECT
DATE:
DATE:
DA YS TO MA KE OBSERVATION PUNCH LIST CORRECTIONS
DATE:
DATE:
FINAL COMPLETION OBSERVATION
COLLIER COUNTY, DESIGN PROFESSIONAL
DATE:
DATE:
FINAL ACCEPTANCE NOTIFICATION
DATE:
12 Momm. .'. . ANNUAL WARRANTY OBSERVATION
DATE:
CORRECTIONS & NOTIFICATIONS
WARRANTY ACCEPTANCE NOTIFICATION
COLLIER COUNTY, DESIGN PROFESSIONAL
APPROVED BY:
DATE:
DESIGN PROFESSIONAL
DATE:
COlliER COUNTY
TRANSPORTATION DEPARTMENT
DATE:
CONTRACTOR
16B10
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
TPA#1953633.11
GC.CA-N-1
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,168
MEMORANDUM
Date:
March 12, 2007
To:
Brenda Bri1hart, Purchasing Agent
Purchasing Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Contract #07-4073
"US 41 Tamiami Trail North (SR 45) Phase V
(Wiggins Pass to County Line) Irrigation and
Landscape Installation"
Contractor: Hannula Landscaping, Inc.
Attached please find three (3) original contracts, as referenced above,
(Agenda Item #16Bll), approved by the Board of County
Commissioners on Tuesday, January 23,2007.
An original has been retained in the Minutes and Records Department
and one has been sent to the Finance Department.
If you should have any questions, please contact me at 774-8406.
Thank you.
Attachments (3)
1;~1
ITEM NO.:
DATE RECEIVED:
~ 6 81 l.
IX i
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FILE NO.:
ROUTED TO:(J
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: March 7, 2007
To:
RoheIt:Zachary
Assistant County Attorney
r-:)
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From: " ~r:~\~ Brenda Brilhart,
- / Purchasing Agent
\
<..:.0
Re: Contract #07-4073 "US 41 Tamiami Trail North (SR 45) Phase V (Wigginsc..n
Pass to County Line) Irrigation and Landscape Installation"
Contractor: Hannula Landscaping, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on January 23, 2007
Agenda Item: 16.B.Il
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
..
Please forward to BCC for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
16 fl 1.1
Brenda Brilhart
Collier County Purchasing Department
3301 E. Tamiami Trail
Naples, Florida 34112
Re: US 41 Tamiami Trail North (SR45) Phase V Project from Wiggins Pass Road to County
Line
Bid No 07-4073
Executed Contract and Bond
Dear Ms. Brilhart:
Enclosed is the executed Contract and Bond for the above referenced proj ect. Please refer to the
enclosed letter requesting that the bond is filed in Collier County. Also enclosed is a letter
stating that the Bond was not dated due to the fact that the contract was not dated and the bond
can not be dated prior to the date of the signed contract. They are giving authorization to date
both the Bond and Contract prior to filing with the County. The Certificate of Insurance has
been sent.
Please let me know if there is anything else we need to do.
Thank you.
~j;J~
Dale F. Hannula
28131 Quails Nest Lane, Bonita Springs, FL 34135 (239) 992-2210 office (239) 498-6818 fax
16W 1 J.
Memorandum
DATE:
March 7, 2007
TO:
Wayne Fiyalko, Senior Analyst
Risk Management Department
"
FRO~: ~11j
Brenda Brilhart, Purchasing Agent
Purchasing Department
RE:
Review of Insurance for: #07-4073 "US 41 Tamiami Trail North (SR 45)
Phase V (Wiggins Pass to County Line) Irrigation and Landscape
Installation"
Contractor: Hannula Landscaping, Inc.
This Contract was approved by the BCC on January 23, 2007 Agenda 16.B.1l
Please review the Insurance Certificate and Payment and Performance Bonds in this
Agreement for the referenced Contract. If everything is acceptable, please forward to the
County Attorney for further review and approval. I would appreciate it if you would
advise me when it has been forwarded.
If you have any questions, please contact me at 239/774-8446.
cc: Pam Lulich, A TM/Transportation
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16 81 1.
US 41 Tamiami Trail North (SR 45) Phase V
(Wiggins Pass to County Line) Irrigation and Landscape Installation
COLLIER COUNTY BID NO. 07-4073
COLLIER COUNTY, FLORIDA
Design Professional:
McGee & Associates
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
TPA#1953633.11
TABLE OF CONTENTS
16 B 1 ~1
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by McGee & Associates
and identified as follows: US 41 Tamiami Trail North (SR 45)
Phase V (Wiggins Pass to County Line) Irrigation and
Landscape Installation
as shown on Plan Sheets 1 through 51.
EXHIBIT N: Contractor's List of Key Personnel
EXHIBIT 0: Stored Materials Records
1
6B1. L
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
US 41 Tamiami Trail North (SR 45) Phase V
(Wiggins Pass to County Line) Irrigation and Landscape Installation
COUNTY BID NO. 07-4073
Separate sealed bids for the construction of US 41 Tamiami Trail North (SR 45) Phase
V (Wiggins Pass to County Line) Irrigation and Landscape Installation, addressed
to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County
Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing
Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 8th day of
November 2006, at which time all bids will be publicly opened and read aloud. Any
bids received after the time and date specified will not be accepted and shall be
returned unopened to the Bidder.
A non-mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 9:00 a.m. LOCAL TIME on the 26th
day of October 2006, at which time all prospective Bidders may have questions
answered regarding the Bidding Documents for this Project.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, US 41 Tamiami Trail North (SR 45) Phase V (Wiggins
Pass to County Line) Irrigation and Landscape Installation, Bid No. 07-4073 and
Bid Date of November 8, 2006. No bid shall be considered unless it is made on an
unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC-
P-1 through GC-P-12) shall be removed from the Bidding Documents prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined at the
Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida
34112.
Copies of the Bidding Documents may be obtained only at the offices of the Purchasing
Department, upon payment of $25.00 for each set of documents to offset the cost of
reproduction. Return of the documents is not required, and the amount paid for the
documents is nonrefundable.
The following plan room services may have obtained copies of the Bidding Documents
for the work contemplated herein:
McGraw-Hili Construction Dodge
2830 Winkler Avenue, Suite 104A
Ft. Myers, FL 33916
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
TP A#1953633.11
GC-PN-1
16B 1 1
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within one
hundred and eighty (180) calendar days from and after the Commencement Date
specified in the Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 9th day of October 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TPA#1953633.11
GC-PN-2
168 1 t
PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder' used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-12 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
TPA#1953633.11
GC-I B-1
16 8 1 .1
location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit Requirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder"s maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been deliVered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. Riaht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
TPA#1953633.11
GC-IB-2
16m 1 J
Section 5. Sianina of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
TPA#1953633.11
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168 1 1
opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Requirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
TPA#1953633.11
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1681 1
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Award of ContrC1ct shall be issued to the lowest, responsive and qualified
Bidder determined on the basis of the entire Bid and the Owner's investigations of the
Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall
consider the capability of the Bidder to perform the contract in a timely and responsible
manner. When the contract is awarded by Owner, such award shall be evidenced by a
written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing
Department or his or her designee and delivered to the intended awardee or mailed to
awardee at the business address shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be made by the Board of
County Commissioners in public session. Any actual or prospective bidder who desires
to formally protest the recommended contract award must file a notice of intent to
protest with the Purchasing Director within two (2) calendar days (excluding weekends
and holidays) of the date that the recommended award is posted. Upon filing of said
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at the offices of the Purchasing Director.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
TPA#1953633.11
GC-IB-5
IBBl 1
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be' "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
TPA#1953633.11
GC-IB-6
1681 1
"
subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate tennination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
TPA#1953633.11
GC-I B-7
~COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 774-8407
FAX (239) 530-6697
www.colliergov.net
168 1 J
ADDENDUM
DATE:
November 3, 2006
TO: Interested Bidders
FRO@) Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum # 1 - 81D# 07-4073 -- "US 41 Tamiami Trail North (SR 45)
Phase V (Wiggins Pass to County Line) Irrigation and Landscape
Installation"
. Add alternates:
1. Collier County to supply topsoil. The County is to supply topsoil during work
week. The contractor is responsible for fine grading, for additional weed
control to eliminate all weeds during the duration of the installation.
2. Collier County to supply topsoil. The County is to supply topsoil weekend.
The contractor is responsible for fine grading, for additional weed control to
eliminate all weeds during the duration of the installation.
. No lane closures until 4/15/07.
. Line Item added to bid schedule: Add 2" and 4" bore to bid schedule and
quantities (See replacement bid schedule).
· MOT cert required / provide documentation with bid.
REPLACE:
Bid Schedule (Pages 1-4)
Q: Discrepancy in plant materials on plans and bid schedule
A: Bid the numbers on the schedule
Q: Gallon size of plants does not correspond to height.
A: Bid plant height instead of the gallon size.
16B 1 ).
NOTE: Words struck through have been deleted, words underlined have been
add
These are the issues I contacted David Horton with last week.
. JI - Peregrina - 7-8' htlspr not available - 5-6'ht 4-5spr available at Mix'd Greens.
Response: Include alternate information in your proposal.
. BSD - Dwarf Bougainvillea - Per Bid Schedule, not avail in 3g, - 30x30" only
avail in 7g
Response: Include alternate information in your proposal.
. PBX - Philodendron Xanadu - Per Bid Schedule specs - not avail in 3g, - 30x30"
only avail in 7g. On both of these the Bid Schedule lists the specs as 3g, 30x30";
do we retain the container size or the overall size? So either 3g, 14x14" -OR-
7g, 30x30"
Response: Sheets have been corrected
Other issues regarding Irrigation:
. There is no line item in the Bid Schedule for 2" sleeve
Response: Line item has been added.
. Symbol for existing and proposed sleeve change from page LD-29 to LD-30.
Which do we follow?
Response: Sheets have been corrected and will be hand delivered to Pam today.
. Page LD -25, a proposed sleeve (symbol) is labeled as existing. Is it new?
Response: Sheets have been corrected
. Plans are not to scale. What are the lateral quantities?
Response: Originals are at the correct scale. There has been some degrading
due to reproduction of the plans. Please use the bar scale as shown -it is 10
meters.
If you require additional information please call Pam Lulich, Transportation Department
at 239/774-8192 or me at 239/774-8446 or bye-mail atbrendabrilhart@colliergov.net.
cc: Pamela Lulich, Transportation Dept.
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CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
US 41 Tamiami Trail North (SR 45) Phase V
(Wiggins Pass to County Line) Irrigation and Landscape Installation
BID NO. 07-4073
Full Name of Bidder \1 o..N t-j \At \~ L~HV J .sc.~ ll-JJ -XWL, .
Main Business Address ~~ \31 G..\"JA~ \c:;. Nest- Le;:lV~ ~"kJ:+-'\. Sf..&N-Js ft",~;J~
'3.41 3.5
Place of Business 'lee. Co\,\tJ+'1 gr.lN~~ ~r~~u~ r~; ~"
Telephone No. 'a'Sq- C1Q;;l- ~;;>..'u Fax No. ~?i1-4q~- bc:g /g
State Contractor's License # NIA C,'\he~ro""Ntl L'(('N::''<l,NI.\''W1be~ la<a-]D 9cH~'7
f
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
16 &1 1
ORIGINAL
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications, including Addenda issued
thereto and acknowledges receipt below:
Addendum
Number
I
Date Issued
Contractor's
Initials
DFYr
No,,~ bM. ':11 ~oob
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your
bid pages.
TPA#1953633.11
GC-P-1
/
BID SCHEDULE
US 41 Tamiami Trail North (SR 45) Phase V
(Wiggins Pass to County Line) Irrigation and Landscape Installation
Bid No. 07-4073
1681 1
TPA#1953633.11
GC-P-2
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16,8 1
MATERIAL MANUFACTURERS
The Bidder is required to state below, material manufacturers it proposes to utilize on
this project. No change will be allowed after submittal of Bid. If substitute material
proposed and listed below is not approved by Engineer, Bidder shall furnish the
manufacturer named in the specification. Acceptance of this Bid does not constitute
acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR
BID WILL BE DEEMED NON-RESPONSIVE.
MATERIAL
MANUFACTURER
To.q.() l-\",,,,-\.e.t L R N It, \s..d~
I .
}o\~U), AM-e~, N; b~\). OMAI~
VA) No..p\e~ E\<<.-M(c. f\\{)-N-R- WdNks,.1Nc.
F \O'A ~ ~ Ol. IV \4.~ e..t ;-ws.
1.
:I..etR; ~",tNN COMfoNeJts
p", rn f $-\-",,+ ,~o~s.
'T.c.~~ AN'cl Sh.htbS.
"1 \1\ \" '"
s\')cl~~
2.
3.
4.
5.
fi, it U ~ l4s.o IMt , e.S
Dw~, F~
Dated Nov'tf1t4 "- ~"'" ~oo,
~ <<. N ~ ~.;\", L~,. J ~c '1' ~ ;Lvc.--
Bidder
~~
BY:
TPA#1953633.11
GC-P-3
16;8 1 1
LIST OF SUBCONTRACTORS
The undersigned states that the following is a full and complete list of the proposed
Subcontractors it intends to use on this Project with respect to the categories of work
identified below, and that such list will not be added to nor altered without the prior
written consent of the Project Manager. The undersigned further acknowledges its
responsibility for ensuring that the Subcontractors listed herein are "qualified" (as
defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet aJllegal
requirements applicable to and necessitated by the Contract Documents, including, but
not limited to proper licenses, certifications, registrations and insurance coverage. The
Owner reserves the right to disqualify any Bidder who includes non-compliant or non-
qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is
found to be non-compliant with this requirement either before or after the issuance of
the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE
DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the
undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder
shall identify all Subcontractors it intends to use on the Project. The undersigned
further agrees that all Subcontractors subsequently identified for any portion of work on
this Project must be qualified as noted above.
1.
CateQory of Work
So ;t<.- WOAk.
Subcontractor and Address
2.
:r~:s~i'G'N
Ac\ \t~$ Qubcev-t S~v\ee.t.
(,0":10 \...~ Co '" s""-\)I;1 tU. M"'M.~ FL.. .$..l'"
.J:\Q,NoUW'l", ~'3N+''01\J ~,.
;1"8131 ~;ls Nu"'L~ g.~~r.~t t=t.
U Jl" Js"
r~ fa.o If\N\i'M~~~ I ~<..
1 II. D f\ n_ \'~ ~~S,ItNV
th\S Do...-. -~ e. S"'.~ ;l\IlJ Fl.. .fillS!;'
"'N~.'MtW~ "t\.hu. Cnt~ ~.
p.o. BoNo 60531 Ff. 'My.,...,. FL..3.!.'D'
Ct~~~
<\ bO 1 "!.. "t1-t ~+. So. W. I\J AI(J(,') R. '3 &.t 1I1
3.
rO\~
4.
t);n ~v\-;o to).v\ ~ 0 R....
5.
s~.~~
Dated tJo,,~ g ~ ..a006
JI tlfitJAJ Mill L o.,..IJ.sc 'V'~ ::HJ Co .
0:::it-~
BY:
TPA#1953633.11
GC-P-4
16111 1
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the tenns of
the Agreement.
Proiect and Location
1.
Li\1'~OS~N rl()~\ I\J..,~~ fl":~
2.
.P,~ R,f~ Ro-A lJovpl,s 'FlUita( ~
3.
IO~ S~ fl.h.....W\ ~:~
4.
Gsoo .\,\.,\t~ ,.~ ~: ~ fl....!
AJ"1'tc..\, ~l'
5.
Crt) l~eN G.vk &O.,.l.-uMJ.
~..,,~. ~t~
6.
ML J.c gCllltlwM"'J A-.~~ FL.
Dated-AJ'\ltIIW\~ ~~ ~
BY:
TPA#1953633.11
GC-P-5
Reference
CoJI,~ l11.t~ :J.1.,.77.,..2'1'1'1
M.c.. ~b I''b~,v
C:,JJren. (l..,,,~ .:1'l,.. 17'1.i'f'"
MJf.. Cli:J 6 I'~~
~ of ~Lu r1~'-dt3-S00~
~ Tewe~ Fel~~
d:>/JitJIt {I"",,~ :131.1i'1-lllfct/
frm.&& f~
~ IJ,'tAI.{t.,~ ~1'..77lf.gY9o/
/YIlt. ao6 p~
~;to tJF F.J-. M~s
Mn.7: 8.. Sc4t lol-e-fL d3'-lfbJ.7J5S'
--.t\ AN t.hNl~ L Ih/J s ,,,,,.1IIt ~ I..
(J~Tl ,
.... ..-.. .,._-
START .!Q!l.
DUE DATE JOB NAME. W1P !
20th 06/26/06 Northbrooke Prof. Buildin 6-133~
TBD OlvmDia Pointe 6-135
ON HOLD Ramsev Residence ~1370
ON HOLD Thomasson Center 6-134]
20 09101/06 Verona Walk Town Cente 6-133
20 10101106 Villaae Walk Town Cente 6-134F
20 10/01106 Wilson Blvd. Center 6-1351
NEW PROJECTS
START .!Q!l.
DUE DATE JOB NAME. W1P It
20 TBD Waterford 6-136.1:
20 TBD Suntrust Bank- Peeble Br 6-136F
20 TBD Florencia @ The Colonv 6-137
UC TBD International Collene 6-1391
10 TBD Ava Maria K-12 6-13~
UC TBD North Countv Water Trea 6-139E
UC TBD WCI Washinqtonia 6-140-4
UC TBD
UC TBD
UC TBD
UC TBD
UC TBD
UC TBD
UC TBD
UC TBD
UC TBD i
I ANTICIPATED I ; :/}/
START
DUE DATE JOB NAME. WIP'
TBD Aqua Line Shores Rilev P 6-137
UC TBD Clewiston 6-138
TBD Golden Gate Overoass 6-134
TBD Golden Gate Blvd. 6-134~
UC TBD Golden Gate Pkwv Turn l 6-138
UC TBD LCPA AFM Facilitv 6-139
TBD Port of the Islands 6-13If
UC TBD US 41 Water Source 6-139J
ON HOLD Allen Hanqer Proiect 6-1340
20 03107/05 Azure @ Bonita Bay 6.1288
20 05/01/05 Back Bay Marina 4.1267
TBD Brezeski Residence 6-136
TBD Coastland Center Mall 6-13I]
UC TBO Collections @ Vanderbilt 6-1391
TBD Coral Lakes 6-135
20 TBD Estero Bavside Condo 6-135j
TBD Gulf Coast Town Center 6-135E
UC TBD Hess Station #9460 6-13~
UC TBD Kana Grille Naoles 6-140
20 TBD Kraft Construction Heada 6-1371
20 TBD Lemurla Coach Homes 4.1278
20 TBD Magnolia Sauare 6-136S
20 TBD Navona @ The Colonv 1322
lbjj 1
Confidential
Confidential
168' 1 1
TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety Units of Unit Unit Extended
Measure Measure (Quantity) Cost Cost
(Description) (IF,SY)
1. (; roo-T L . 'A-. 'tSOO . So4- # 41'SD.DD
2.
3.
4.
5.
TOTAL $ Li1S0.DO
Failure to complete the above may result in the Bid being declared non-responsive.
Dated Nov~ ~'"" 9CPG
H- ~ AI wt I.. L ~~s tAt".va :fA) C .
(0:;(J--~
BY:
TPA#1953633.11
GC-P-6
168 11
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within one hundred and twnety
(120) consecutive calendar days, computed by excluding the commencement date and
including the last day of such period, and to be fully completed to the point of final
acceptance by the Owner within sixty (60) consecutive calendar days after Substantial
Completion, computed by excluding commencement date and including the last day of
such period.
Respectfullv Submitted:
State of JJoR: JC\
County of L~ e.
b"" \~ F. "OI.NN\AI\ '\ , being first duly sworn on
oath deposes and says that the Bidder on the above Bid is organized as indicated and
that all statements herein made are made on behalf of such Bidder and that this
deponent is authorized to make them.
t:::>O\t\~ F. ""NN ""'\ "" , also deposes and says
that it has examined and carefully prepared its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid; that the statements contained herein are true and correct.
TPA#1953633,11
GC-P-7
16 Bl 1.
(a) Corporation
The Bidder is a corporation organized and
F'ott:~"" I which operates
}.\ Po'" N""l~ L'll\l~ ~t.--r iNa :r1Vt..
officers are as follows:
President DO\-l-Cl.. ~~JCit(, ttlt.. ,"ANN "1t1~
Secretary 't>~l~ ~..c..k H"'/oJAhA,lq
Treasurer D",,\.t. ~ej,e.c;'l,k *~1JAh""(~
Manager 'D~ON H\'MMel
existing under the laws of the State of
under the legal name of
, and the full names of its
The PAe"i i.lV1- ~ F. I:l"-N N "",I.. is authorized to sign construction bids
and contracts for the company by action of its Board of Directors taken
t)~U"'b~ 'll~. l'l':to , a certified copy of which is hereto attached (strike
out this last sentence if not applicable).
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
tv JPi
~
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is N JA
and if operating under a trade name, said trade name is
DATED 1JN~ 2~ Ooa~ -1\",..""",,,,,1,,- L~IlIJ """flNJ ~.
legal entity
i
'-
TPA#1953633.11
GC-P-8
16 81 1.
BY: l)1III\t(..1=: \-\-llI.toINwl.
(J~W~
Signature
?ttes; J.e";\-
Title
STATE OF
F\ o~~l"
COUNTY OF
L~c:..
The foregoing instrument was acknowledged before me this ~t'-\ day of NO"etm~
2006, by 'DCI'lI\c.. ~O\JVN\At\" ,as Ptt.es., ~~tJ\'
of "AI""lo. l~ Ie. ,'N ~AJf... ,a f\~~c\A.. corporation, on
behalf of the corporation. is personally known to me or has produced
as identification
and did (did not) take an oath.
~j+.. Gina 0, Thomas
...~) My Commission 00308719
......". Expires April 22. 2008
NAME:
'O.~
(Si ature of Notary)
~fl:A 'D =rhrmas
(Legibly Printed)
My Commission Expires:
(:AFFIX OFFICIAL SEAL)
Notary Public, State of .JfO<i&:t
Commission No.: 'DD3oCZ71 q
TPA#1953633.11
GC-P-9
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'1"-
Qualifier Certification Information
CDPR2307 - Qualifier Certification Information
Collier County Board of County Commissioners
CD-Plus for Windows
168 1 1
Printed on
10/3/200 1:09:51PM
CERT NBR:
12870
QUALIFIER NBR:
12870
DALE F. HANNULA
CLASS CODE: 4235
LANDSCAPING RESTRICTED CONTR.
STATE NBR:
COUNTY COMP CARD: 3432SC
STATE EXP
LIAB EXP
1/13/2007
WC EXP
1/1/2007
ORIG ISSD
1/20/1993 .
RENEWAL
EXPIRES
9/30/2007
DBA:
HANNULA LANDSCAPING, INC.
WC EXEMPT:' N
OL EXEMPT: Y
ADDRESS:
28131 QUAILS NEST LANE
EXEMPT EXP DATE:
CITY:
BONITA SPRINGS
FL
34135-6932
PHONE:
(239)992-2210
FAX:
(239)498-6818
NOTE: It is the qualifier's responsibility to keep all business, licensing and requirements
current and to provide up to date copies for Collier County files. This includes all insurance
certificates and any change of address information.
Ce1
of
35-6932
Qua;lifier Certification Information
CDPR2307 - Qualifier Certification Information
Collier County Board of County Commissioners
CD-Plus for Windows
Printed on
10/3l2! ~. ~lpM 1
CERT NBR:
18618
QUALIFIER NBR:
12870
DALE F. HANNULA
CLASS CODE: 4220
IRRIGATION SPRINKLER CONTR.
STATE NBR:
COUNTY COMP CARD:
STATE EXP
LIAB EXP
1/13/2007
WC EXP
1/1/2007
ORIG ISSD
7/31/1998
RENEWAL
EXPIRES
9/30/2007
DBA:
HANNULA IRRIGATION, INC.
WC EXEMPT: N
OL EXEMPT: Y
ADDRESS:
28131 QUAILS NEST LANE
EXEMPT EXP DATE:
CITY:
BONIT.~ SPRINGS
FL
34135-
PHONE:
(239)992-2210
FAX:
NOTE: It is the qualifier's responsibility to keep all business, licensing and requirements
current and to provide up to date copies for Collier County files. This includes all insurance
certificates and any change of address information.
Sta...c Nbr:
of
Ce
35-
1
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168 1 1
BID BOND
-.,-.
KNOW ALL MEN BY THESE PRESENTS, that we 1!g.nnula Landscaping, rne
(herein after called the Principal) and
First Sealord Surety, rnc '
(herein called the Surety), a corporation chartered and existing under the laws of the
State of Florida _ with its principal offices in the city of winter Park
and authorized to do business in the State of Florida are held and
firmly bound unto the Collier County Board of County Commissioners
(hereinafter called the Owner), in the full and just sum of
Five Percent of Amount Bid in dollars ($5% of Bid Amoun~
good and lawful money of the United States of America, to be paid upon demand of the
Owner, to which payment well and truly to be made, the Prindpal and the Surety bind
themselves, their heirE, and executors, administrators. and assigns, jointly and severally
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for
furnishing all labor, materials, equipment and incidentals necessary to furnish, install,
and fully complete the Work on the Project known as
'---,
US 41 Tamiaml Trail North (SR 45) Phase V
(Wiggins Pass to County Line) Irrigation and Landsoape Installation
Bid No. 07-4073
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days
after the date of a written Notice of Award in accordance with the terms of such Bid, and
give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract Documents with good and sufficient surety for the
faithful performance of the Agreement and for the prompt payment of labor, materials and
supplies furnished in the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to
Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $/288. OOperdaYnoted above as liquIdated damages, and not as a
penalty. as provided in the Bidding Documents, then this obligation shall be null and void,
otherwise to remain in full force and effect.
TPA#1953633.11
GC-P-10
1 6 811ft
IN TESTIMONY Thereof, the Principal and Surety have caused these pr~sents to
be duly signed and sealed this 'rn day of Nrw""mbQr . 2006.
BY
Hannu~nc
(~)~- - - - -
. ..
Flrst lord Inc
Principal
(Seal)
Surety
David
Countersigned
David B. Shick, Florida Resident Agent
Local Resident Producing Agent for First Sealord Surety, Inc
(Seal)
.,--,.
TPA#1953633.11
GC-P-11
-"....- -
First Sealord Surety, Inc.
Power of Attorney
powef6'~B46~r6i
KNOW ALL MEN BY THESE PRESENTS: That First Sealord Surety, Inc., a corporation of the Commonwealth of Pennsylvania, (hereinafter the
"Company") has made, constituted and appointed, and by these presents does make, constitute and appoint
David B. Shick, David R. Turcios and/or Steven Schumacher all of Tampa, Florida
its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a
similar nature as follows:
********** Not To Exceed Four Million Dollars-----------------------------($4,OOO,OOO.OO) **********
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-In-Fact, shall be
binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its
corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed.
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Director{> of the said Corporation on April 7, 2003
with all, Amendments th,ereto and are still in full force and effect:
"A~cle XIi:P9licies, BOh9S, Recognitions, Stipulations, Consents of Surety, Unc:lElrwrltingUnd~rtakings, and Instr.uments Relating Thereto.
Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases,
'", awe~Tent~. an??tr~r ~[i~i~g~l i~fJ.m an.~ \!YCJ.y !h~re~q 9rt~. flny c!~im or. 10s~..~h,er~P shall, be,:;ig8,~d, JnJ~~ppmr ~~q ,9n If 9.fJh~ 'i., "". !,I'I'I.,...!,.
;9,~fp2rFti9n.:;'a)'9iy;,~9,e ~~,alfrna . q~rd, th,epres'(j~nt bt. ~Vi,~eAr~slderj~;:a~Qpryor:~n ~~PI.sf1jl)t;;ijepret~ry . ~*lan,'{):~or8~~: ii;';I',:i.
,.'tn~fad fot\he.Qqrporallon ,'" "aUlhQflzed,by,Jhe C~plrman9fthe Bdardilhe taY1te Ri[~s'di!l~tlq ITIF'ke na~u~~'qr g)by ',.,"lli!11
'sbthBther dfficf!;is'6f represent the Boafd"l'i1ay fr8rntim~td time determirie: -me sealef t cor~6ratl~h shallWapp~6p iilffix~;dlthere{b'by:l"
any such officer, Attomey-in-Fact or representative. The authority of such Attorney-in-Fact and Agents shall be as prescribed in the instrument
evid~ncing their appointment.. Any such appointment and aU authority granted th , ma rev d at any time9Y the Board of Directors orbyany
t ,"':;';" pefSonem e'$beh appointment." ,:"~:i, ' ,'<;I':'{i~,1
", 'f' ,"I"!,, ',,;:,:'\;1('11.,'>' : ",', Iii
ii" "Ilf';I<.l{lIln~~S", EO, }~irst Sealord Surety, Inc. has caused these present~;I\?q~:,,9 'eal to be hereunto affixed and duly
I:i!'~i~i,:i!:,:~, affe$t~kll{his:J!tQth day ofll\i1f)luary, 2004."'''ii!~~I,;,
~"""'.
~;:;!:) :;;-"
S'Z;.~~~"i..
f r~. 'Ek.\~.\
~ II:l <lr. .=-::..~.-<: .
!i~'\ 19.9.' J"g
(Seal) ~:j;06f~~.'l~~~l Attest:
O:".."...,y ...._~Q _~~~'
'{;,..~..,\,""\.
~c~
.,/
Gary L Bragg, Secretary
By:
First Sealord Surety, Inc.
J ....I.D~C..... ......V'p.. .d
oe . ooperman, Ice resl ent
;,'1,.'1
. ' -
_ _'_ ~ 'o_'_-'~'-"_:,:: --'.::- '._ _ _ ",' - - ,. '-' - --.:.'. _-~_, ,,-_.,--- .- - ".- _c_ -
'':~'~e~io~112-f' The_llse!)! a PCinteofacsitni1~ of the corporate seal of the Corporatipn ~l1d()f th~ ur~of thl:! Secrefar}t oraR ij!.sSista~ SE!l:;Feta~on
-. a6Y ~rtJ.1icalionoUfie cOffedpfJsshfaGopyofan instrument executed by an aLitlmrizep persQit ant to Article XII, Section 12-1 ef the" BY.:t,aws
appointing and authorizing an Attorney-in-Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other
instruments described in said Section 12-1, with like effect as if such seal and such signature had been manually affixed and made."
.-'- "',. __>'...: '. :_< ,', : _,',_ ,', '-C,', ,"',,"', .- _,', ,". .-,
In WitnessWhereof, I have hereun.to' ~etrny.~~nd alto alfl5<edtheCOfPorate seal Of the Corporation to these presents
this 'qtb day of AI/) vem~/; ',tlR~
This power of attorney is void unless the Bond number is inserted in this paragraph (insert Bond # here 0 <0 - b <6 '3 CJ ), the bond
number is the same number as on the original bond, d the ~?nd number has been inserted by an officer or employee of the Company or by the agent.
(seal) Ga L ~::ry
First_Sealord_Surety]OA.doc (Ed. 01/2012004)
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
1681 1
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
8. Any addenda have been signed and included.
9. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
11. The mailing envelope must be sealed and marked with:
~Bid Number;
~Project Name;
~Opening Date.
12. The Bid will be mailed or delivered in time to be received no later than the
specified openinq date and time. (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
H o.N IJ~ \A. L~IY'~s'~;1IIJ X^,c,
Bidder N~j ~
C1JifJ;r~ rtt.~~" Jj
Signature & Title
DATE: No~""b-c..t. ~4'f.t ~oo,
TPA#1953633.11
GC-P-12
16:8 1 1
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with Hannula Landscaping, Inc. ("Contractor") of 28131
Quails Nest Lane, Bonita Springs, FL 34135 a Florida corporation, authorized to do
business in the State of Florida, to perform all work ("Work") in connection with US 41
Tamiami Trail North (SR 45) Phase V (Wiggins Pass to County Line) Irrigation and
Landscape Installation, Bid No. 07-4073 ("Project"), as said Work is set forth in the
Plans and Specifications prepared by McGee & Associates, the Engineer and/or
Architect of Record ("Design Professional") and other Contract Documents hereafter
specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: six hundred eighty three thousand
eight hundred ninety one dollars and thirty five cents ($683,891.35).
GC-CA-1
168 1 1
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms.treas.Qov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and Liauidated Damages.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within one hundred and twenty (120)
calendar days from the Commencement Date (herein "Contract Time"). The date of
Substantial Completion of the Work (or designated portions thereof) is the date certified
by the Design Professional when construction is sufficiently complete, in accordance
with the Contract Documents, so Owner can occupy or utilize the Work (or designated
portions thereof) for the use for which it is intended. Contractor shall achieve Final
Completion within sixty (60) calendar days after the date of Substantial Completion.
Final Completion shall occur when the Agreement is completed in its entirety, is
accepted by the Owner as complete and is so stated by the Owner as completed. As
used herein and throughout the Contract Documents, the phrase "Project Manager"
refers to the Owner's duly authorized representative and shall mean the Division
Administrator or Department Director, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
GC-CA-2
16B 1 J
within the time specified above, as said time may be adjusted as provided for herein. In
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, one thousand two
hundred and eighty eight dollars ($1,288.00) for each calendar day thereafter until
Substantial Completion is achieved. Further, in the event Substantial Completion is
reached, but the Contractor fails to reach Final Completion within the required time
period, Owner shall also be entitled to assess and Contractor shall be liable for all
actual damages incurred by Owner as a result of Contractor failing to timely achieve
Final Completion. The Project shall be deemed to be substantially completed on the
date the Project Manager (or at his/her direction, the Design Professional) issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek to characterize
the above noted liquidated damages as a penalty, which the parties agree represents a
fair and reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time
periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
GC-CA-3
168 1 J
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Exhibit 0:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by McGee & Associates
and identified as follows: US 41 Tamiami Trail North (SR 45)
Phase V (Wiggins Pass to County Line) Irrigation and
Landscape Installation
as shown on Plan Sheets 1 through 51.
Contractor's List of Key Personnel
Stored Materials Record
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
GC-CA-4
.168 1 1
Pamela Lulich/Robert Petersen
Project Managers
Alternative Transportation Modes
2885 Horseshoe Drive South
Naples, Florida 34104
(239) 774-8192
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
Dale F. Hannula, President
28131 Quails Nest Lane
Bonita Springs, FL 34135
(239) 992-2210
FAX: (239) 498-6818
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
GC-CA-5
169, 1 1
"
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assians.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governina Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire Aareement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Chanae Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
GC-CA-6
16 a 1 .1
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
****
GC-CA-7
16B 1 1
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
CONTRACTOR:
csa'T~EL
A, ~
ST WITNESS
~ OYLL, G E46t?/L
~int~
S~ND WITNESS
(y)n lee 6'OVV\eL
Type/Print Name
By:
Hannula ~Ping. Inc.
Q~~
D.. l<.. F. )fit ItJN",j if t' Iles; dEl'" t-
Type/Print Name and Title
Date:
. 3d! ~-OtJ01-
OWNER:
ATTEST:
/.j
BOARD OF COUNTY COMMISSIONERS OF
COLLI::GOUNT~:.:t ~
Ja~ Coletta, Chairman
Dwig ht E. Brock,,. Clerk
BY:~~~ f<JL.
,t.~t . .~l.
Approved As To Form
and Legal Sufficiency:
~tn~/ f)
Print Name: CD/ teen rr1 . 0 r eenc.
Assistant County Attorney
Item#~
GC-CA-8
if: .,t+ fJ.
~. L4
1~1
EXHIBIT A
PUBLIC PAYMENT BOND
US 41 Tamiami Trail North (SR 45) Phase V
(Wiggins Pass to County Line) Irrigation and Landscape Installation
Bond No. 07-1213
Contract No. 07-4073
KNOW ALL MEN BY THESE PRESENTS: That Hannula Landscaping, Inc.
I as Principal,
and First Sealord Surety, Inc. , as
Surety, located at 33 Rock Hill Road, Bala Cynwyd, PA 19004
(Business Address) are held a,ld 'iirrnly bound to Collier CoImty Board of County Ccmni.ssioners
as Obligee in the sum of _s~_ ~ Eighty Three 'lliousand Eight Hundred Ninety One and 35/100
($ 683,891.~S.__u __) for the payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assigns. jointly and severally.
_c I THE CONDITION OF THIS BOND is that if Principal:
Promptly m8.kps payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supp:ying Principal with labor, rn8terials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
forrna~ities connected with the Contract or the changes do not affect Sureties obligation
L.nder this Bor:I~.
The provisions of thiS bond are subject to the time limitations of Section 255.05(2). In
no event will the Surety be rclble in the aggregate to claimants for more than the penal
su,n of thL:; !-"Oi;'mer.t 8ond. regardless of the number of suits that may be filed by
claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this
day of 2006, the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
bOGY.
TPAA19S36::'3.11
GC-CA-A-1
1681 1
Signed, sealed and delivered
in the resence of:
PRINCIPAL
Hannula Landscaping, Inc.
BY:
NAME:
ITS:
cJ~*~
D::- F. H...,.,~
'f ;-.l..Jt"
---- " 11.
S. TATE OF _.~CAC\.
COUNTY OF ~
is "Z?Jhday of ~
of
, a corporation, on behalf of the
corporation. e is p rso IIvknown to me OR has produced as
identification ar,d did (did not) take an oath. ~' i'7\ >. ~I ,,_ ..
My Commission Expires: _ 'U . ~
(Sig ature of Notary)
~ D~fYlaS
(Legibly Printed)
?J Gina D. Thomas
!-.. . .; My commission DD308711l
'Of~ Expires April 22, 2008
NAME:
(AFFIX OFFICIAL SEAL)
Notary Public, State of - 4f OYida
Commission No.: "DD?x;)"'~ll4
SURETY:
ATTEST:
First Sealord Surety, Inc.
(Printed Name)
33 Rock Hill Road
Bala Cynwyd, PA 19004
(Business Address
(Authorized Signature)
Witnesses to Surety
(Printed Name)
TPA#19S3633.11
GC-CA-A-2
16 BINI
J4j! ~~
OR
"
~ .? fJ
As Attorney in Fact
(Attach Power of Attorney)
DaVid B. Shick, Attomey-In..;..Factand
(Printed Name) norMa l\e~id~.ul- Aga'1t
j~Qr~
Witnesses
7217 Benj amin Road
Tanpa, FL 33634
(Business Address)
(813) 243-1110
(Telephone Number)
STATE OF Florida
COUNTY OF Hi11~hnrnllgf1
The foregoing instrument was acknowledged before me this 21st day of
Febrnary , 200i7 by Davirl R. ~iC'!k , as
Attorn~-In-Fact of First Sealord ~l~ty, TInC'!.
Surety, on behalf of Surety. He/She is personally known to me OR has produced
N/A as identification and who did (did not)
take an oath.
My Commission Expires:
(AFFIX OFFIC!AL SEAL)
Name: Holly J. Dix
(Legibly Printed)
Notary Public, State of:
Commission No.:
Noiary Public State of Florida ~
Holjy Jennifer Oix
My Commission OD519024
Expires 02/i 5/201 0
~foRV PII",
..,o~.' ~
. . .
~ ;
",> OFf~~
TPA#1953633.11
GC-CA-A-3
168 1 1
,
,_"" I
I
EXHIBIT A
PUBLIC PERFORMANCE BOND
US 41 Tamiami Trail North (SR 45) Phase V
(Wiggins Pass to County line) Irrigation and Landscape Installation
Bond No. 07-1213
Contract No. 07-4073
KNOW ALL MEN BY THESE PRESENTS: That Hannula Landscaping, Inc.
, as Principal, and First Sealord Surety, Inc.
as Surety, located at
33 Rock Hill Road, Bala ~, PA 19004
(Business Address) are held and firmly bound to
Collier County Board of County Coomissioners , as Obligee in the sum of
Six Hundred Eighty Three Thousand Eight Hundred Ninety One and 35/100
($ 683,891.35 ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
, 2006, with Obligee
us 41 rArniami Trail North (SR 45) Phase V (Wiggins Pass t Coun: rrigation and
in accordance with drawings and specifications, w IC con ract IS Incorporated by
reference and made a part h(3ieof, and is refelTed to herein as the C~>ntract.
day of
for
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract;
and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarant'De of ail work and ffi2terials furnished under the Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or undef the Contract and compliance or noncompliance with
any formatitie:: connected with the Contract or the changes do not affect Sureties
obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes,
extensions of time, alterations Of additions to the terms of the Contract or other work to
be performed hereunder, or the specifications referred to therein shall in anywise affect
its obligations L.Ii1der this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
TPA#1953633.11 GC-CA-A-4
168 1 l
This instrumem shall be construed in ali respects as a common law bond. It is
expressly understood that the time provisions and statute of limitations under Section
255.05, Florida Statutes, shall not apply to this bond.
In no event willthe Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed 'by
Obligee.
IN WITNESS 'NHEREOF, the above parties have executed this instrument this
day of , 2006, the name of each party being affixed' and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
Sigiled, sealed cmd delivered
in th . resence of:
PRINCIPAL
Hannula Landscaping, Inc.
BY( ~~;J,*~
NAME:
ITS:
"D1lVk.. rw l1AN~
PtW5.: L..vt
,-..J
STATE OF 41On~
COUNTY OF'- LeG-
T e foregoin;) instrument was
, 200'1, by
My CommisskT, Expires:
iJ Gina D. Thomas
! . My Commission 00308719
"OI~ Expires April 22. 2008
(Si nature
Name: b~ 1) ~oma.s
(Legibly Printed)
Notary Public, Sta~n Ja.
Commission No.: D~t.\9
(AFFIX OFFICIAL SEAL)
TPA#1953633.11
GC-CA-/J.-5
',."
,.
ATTEST:
Witnesses as to Surety
-~
~~ Q. kl-uf'^
Witnesses
~
STATE OF Florida
COUNTY OF Hillsborough
168 1 1
SURETY:
First Sea10rd Surety, Inc.
(Printed Name)
33,RoCk Hill Road
Bala Cynwyd, PA 19004
(Business Address)
(Authorized Signature)
(Printed Name)
OR
"
{j .(). fJ
As Att~y In Fact
(Attach Power of Attorney)
David B. Shick, ~ttop1ey-In-Fact and
Fl~ Res1dent Agent
(Printed Name)
7217 Benjamin Road
Tampa, FL 33634
(Business Address)
(813) 243-1110
(Telephone Number)
The foregoing instrument was acknowledged
February , 20057 by David B. Shick
of First Sealord Surety, Inc.
behalf of Surety. He/She is
N/A
My Commission Expires:
(AFFIX OFFICIAL SEAL)
TPA#1953633.11
before me this 21st day of
, as Attorney-In-Fact
Surety, on
to me OR has produced
who did ~ take an oath.
,a
personally known
as identification n
(Signature
Name: Holly J. nix
(Legibly Printed)
Notary Public, State'Bf:
Commission No.: I J'?-.~v,~'
\~:I
-. _.
I~OlSl)' ~IJblic State of Florida I'
IJn~i" !:"r'fllfCi Dix
My CGrM'\IS~.u, DD519024
i:1;Ji:i;iSl'lI15Io;t110
GC-CA-A-6
~ .'
KNOW ALL MEN BY THESE P ., a corporation of the CPfTlmohwealthof Penn
pompany") has made, constitut ts dOE;$ make,constituteand appoint "" ,
Da " . Turcios lor Steven Schumacher aU ofTampa, Florida
.Is true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instrumentsofa
,,' similar nature as follows: '
First'SealQrd Surety, Inc.
; Power of Attorney
;;.::,I"H:W:::iT~is <ippointnienl is mac;l,e plJr~ua
11/::.::",,;1:,;",""'" ,','t,h'" "II A"',"",d""," '''''d,."",ts'' 't"'h""',::;','''' '1 :""'d
I;:,!' .'i'/;iii:hYJ amen !)1ePJ!re Q"pn
'I 'it', L:"l - ~-_:---,:,;:: :,t":? .':"; " - : : .f:,:II,,:)!;:.!II!j: .;,:';,""',:~r,',';:',", '~i!i::!);:":__: ''1.~:;!i:-':i;'~':''i:,:r' !'Ii';.'!'
':':;,~i!!i,'!!;::~Adicl~'kl\; Jp.blf6ies,.BoA:~~(, Re" c
,,',1. -,."""";:,::;,.,, ""':III,j. ,-..'.,' -...--,,!I:I,.I"''"' .
.-'- . '-'-"
. " ,~rl~Wl~~TE
...,c e, lpc:t1o b}liefpfy th
nc;l ~ffeBlont~ ",,'.' )hiS~'flftificate and I do, '."
. ,,>sal.lth, dbytheBoardof Direclorstoappointan"Attorney" ,,', , ,', ""e<:tion .'" ',' '.' .'.,.
'Surety, Inc. This Certificate may be signed and sealed by facsimile under and by'authority of the followingprov!sions of the By-LaWs of Firsf SeaJord
:}o;,~s~rety, Inc.:, '..,..',_..n . .,. " .~ "._
'~~S:~i" ,fti1h~~, ,FntJ~J~~~eo~~~~~~~(~~Jfl~Gr~~~IrrRi~\f~g~~ ,,', "fJf:i~~~iG~~n..,'~~~~~{.
, ".,,' appointing and authorizing an Attorney-in-Fact to sign In the name and on behalf of the Corpc)fationsuretYbonds, underwrlting undertakings, or
, instruments describec;l in said Section 12-1, with like effect as if such seal and such signature had been manually affixeg and made." '
....:{o~.~.... -. . - '. . ....', ,.,.".,-. -,' '. " c ..,<-.,.:..:-,_' ,_'-" ',., ' .'.,.-.,--'<-,.c.,.,.,- "-..::._'
This power of attorney is void unless the Bond number is inserted in ttiiJ pa:'agrCiph (insert Bond # here ," , " , l, the
number is the same number as on the original bond, d ttJe b9!".d num?er has t,ieE')n j'1~erted by an officer or er:nplo~eeQfthe Company or by the
.;- . ", .{ 1'1 j"" ; ,"; -. I, '! ','.:.' '(;" I
(seal)
.
/
First_Sea1ord_Surety]OA.doc (Ed. 01/20/2004)
Client#: 33375
HANLA1
ACORDTM
CERTIFICATE OF LIABILITY INSURANCE
,E{MM
o /07/0
THIS CERTIFICATE 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.
PRODUCER
Gulfshore Insurance, Inc.
100 Goodlette Road N, #100
Naples, FL 34103 -3303
239 261-3646
Hannula Landscaping, Inc. &
Hannula Irrigation, Inc.
28131 Quails Nest Lane
Bonita Springs, FL 34135
COVERAGES
INSURERS AFFORDING COVERAGE
INSURER A: Cincinnati Insurance Company
INSURER B: FCCllnsurance Company
INSURER c:
INSURER 0:
INSURER E:
NAIC#
INSURED
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSRI TYPE OF INSURANCE POLICY NUMBER Pc?1"+~';J'~r6g;WIE Pg~fJ,if.r,~~N LIMITS
A GENERAL LIABILITY CPP0891533 01/13/07 01/13/08 EACH OCCURRENCE $1 000 000
I-- g~~t~UO RENTED
X COMMERCIAL GENERAL LIABILITY $100000
I CLAIMS MADE [Xl OCCUR MED EXP (Anyone person) $5.000
PERSONAL & ADV INJURY $1.000.000
GENERAL AGGREGATE $2.000.000
n'L AGGREnE LIMIT APPlS PER: PRODUCTS. COMP/OP AGG $2.000.000
POLICY jtwi LOC
A ~TOMOBILE LIABILITY CPP0891533 01113/07 01/13/08 COMBINED SINGLE LIMIT
~ ANY AUTO (Ea accident) $1,000,000
I-- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
I--
~ HIRED AUTOS BODILY INJURY
$
~ NON-OWNED AUTOS (Per accident)
.~ -
PROPERTY DAMAGE $
(Per accident)
RAGE LIABILITY AUTO ONLY. EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A tiJESSIUMBRELLA LIABILITY CPP0891533 01/13/07 01/13/08 EACH OCCURRENCE $3 000 000
X OCCUR 0 CLAIMS MADE AGGREGATE $3 000 000
$
~ DEDUCTIBLE $
X RETENTION $0 $
B WORKERS COMPENSATION AND 001WC07 A40029 01/01/07 01/01/08 X I ~'!f9,~!~T.Y;.1 IOJ~'
EMPLOYERS' LIABILITY $500 000
ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? EL DISEASE. EA EMPLOYEE $500 000
If yes, describe under EL DISEASE. POLICY LIMIT $500 000
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate Holder is Named as Additional Insured on a primary basis as
respects to: General Liability Only as needed by contract, per form GA 472
1001.30 Day Cancellation Notice. Umbrella is in excess of all policies
shown on this certificate. Umbrella Coverage is in excess over all coverage shown on
(See Attached Descriptions)
CERTIFICATE HOLDER
CANCELLATION
Board of County Commissioners
Collier County Florida
3301 East Tamiami Trail
Naples, FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL --1JL. DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
ACORD 25 (2001/08) 1 of 3
#S305825/M305754
CAH
@ ACORD CORPORATION 1988
IMPORT ANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001/08) 2 of 3
#S305825/M305754
this certificate.
Contract #07-4073 US 41 Tamiami Trail North (SR45) Phase V Wiggins Pass
to County Line.
AMS 25.3 (2001/08)
3 of3
#S305825/M305754
:16~ 1 1
EXHIBIT B
INSURANCE REQUIREMENTS
(1) The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed
minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and
amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole
responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the Project by the Owner or as specified in this
Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in
Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice
of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place
the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of
".~II insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner.
,J) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of
policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor
shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor
from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor
hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance
program carried by the Owner applicable to this Project.
(7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or
agreement by the Owner that the insurance requirements have been satisfied or that the insurance
policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors work, insurance of the types and to the limits specified in this
Section unless such insurance requirements for the Subcontractor are expressly waived in writing by
the Owner.
(9) Should at any time the Contractor not maintain the insurance coverage's required herein, the
.- mer may terminate the Agreement or at its sole discretion shall be authorized to purchase such
GC-CA-B-1
16111 J
coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse
.- ~mer for such costs within thirty (30) days after demand, Owner has the right to offset these costs
..0m any amount due Contractor under this Agreement or any other agreement between Owner and
Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage's purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
(10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or
replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their
expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be
considered justification for the Owner to terminate the Agreement.
(11) All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.1 All insurance policies, other than the Business Automobile and Workers Compensation
policies, provided by Contractor to meet the requirements of this Agreement shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under
this Agreement and shall contain a severability of interests provisions.
11.2. Companies issuing the insurance policy or policies shall have no recourse against
Owner for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Contractor.
11.3. All insurance coverages of Contractor shall be primary to any insurance or self-
insurance program carried by Owner applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by Contractor shall not apply to any
insurance or self-insurance program carried by Owner applicable to this Project.
11.4. The Certificates of Insurance, which are to be provided on the form set forth in
Attachment I to this Exhibit B, must identify the specific Project name, as well as the site
location and address (if any).
11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
11.6. All insurance policies to be provided by Contractor pursuant to the terms hereof must
expressly state that the exclusive venue for any action concerning any matter under
those policies shall be in the appropriate state court situated in Collier County, Florida.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? X Yes _ No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
... 'ntractor during the term of this Agreement for all employees engaged in the work under this
GC-CA-B-2
16, 1 J
Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall
- 'ot be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers'Liability
2L $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the Owner and the policy shall be
so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work. (check one)
D Applicable (g] Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work. (check one)
D Applicable (g] Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X Yes _ No
(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,
Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage. Limits of Liability shall not be less than the following:
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
GC-CA-B-3
$ 300,000
$ 300,000
$ 300,000
$ 300,000
$ 50,000
$ 500,000
$ 500,000
$ 500,000
$ 500,000
$ 50,000
$1,000,000
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
t6g 1 1
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit
under LIMITS OF INSURANCE applies separately to each of your projects away from premises
owned by or rented to you."
(3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such
coverage shall be primary to any similar coverage carried by the Owner.
(4) Coverage shall be included for explosion, collapse or underground property damage claims.
(5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
-Eompletion of the work under this Agreement. (check one)
D Applicable [glNot Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if
applicable to the completion of the work under this Agreement. (check one)
D Applicable [gl Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property required to be covered,
whichever is earlier. This insurance shall include interests of the Owner, the Contractor,
Subcontractors, Sub-subcontractors and Material Suppliers in the Work.
(2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover
reasonable compensation for Professional's services and expenses required as a result of such
insured loss. At the Owner's option, flood and windstorm insurance will also be purchased.
GC-CA-B-4
16Q\ 1 J.
(3) The property insurance provided by the Owner requires minimum deductib!S and the
-'ontractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for
..;tny deductible associated with the all-risk policy described above shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents. The responsibility of the Contractor for any deductible associated with the flood or
windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit.
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors
and Sub-subcontractors in the Work.
(6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
Design Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
-obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
Jhts as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall
provide waivers of subrogation by endorsement or otherwise.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made
payable to the Owner for the insured, as their interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? lL Yes _ No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:
Bodily Injury & Property Damage - $ 500,000
X Bodily Injury & Property Damage - $1,000,000
Bodily Injury & Property Damage - $ 2,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability,
- 'd Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
GC-CA-B-5
168 1 )
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
"- 1derlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
I""dmary insurance.
GC-CA-B-6
l6a 1 1
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
JUNTY OF COLLIER
STATE OF FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated , 2006 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor. materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2006, by
, as of , a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
TPA#1953633.11
GC-CA-C-1
J. 6 BIf.. I" 1
EXHIBIT 0
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
Application Date
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
FROM:
(Project Name)
RE:
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
= Less Retainage $
Less previous payment (s) $
% AMOUNT DUE THIS
% APPLICATION: $
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
)NTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
. _ceived from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Paymentto the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
TPA#1953633.11
GC-CA-D-1
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EXHIBIT E
CHANGE ORDER
TO:
Project Name:
Bid No.:
Change Order No.:
FROM: Collier County Government
Construction Agreement Dated:
Date:
Change Order Description
Original Agreement Amount ..... ................................... ................... $
Sum of previous Change Orders Amount .......................................$
This Change Order Amount ........................................................... $
Revised Agreement Amount............. ............... ............... ..... ........... $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by: Date:
Project Manager
Recommended by: Date:
Design Professional
Accepted by: Date:
Contractor
Approved by: Date:
Department Director
Approved by: Date:
Division Administrator
Approved by: Date:
Purchasing Department
GC-CA-E-3
Authorized by
Director
Date:
(For use by Owner: Fund
Numbe~ )
Cost Cente r:
Object Code:
GC-CA-E-4
16m 1 J
Project
.1-68 1 J
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWN ER'S Project No.
Design Professional's Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
TPA#1953633.11
GC-CA-F-1
The responsibilities between OWNER and CONTRACTOR for security, operation, safety. !in~a~e, 1 J.
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on
,2006
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2006
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2006
OWNER
By:
Type Name and Title
TPA#1953633.11
GC-CA-F-2
168,: 1 J
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.:
Contractor:
Project No.:
Date:
,2006
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount:
Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement:
Actual Date of Substantial Completion:
Calendar Days.
Final Completion Time as set forth in the Agreement:
Actual Final Completion Date:
Calendar Days.
YES
NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by NJA. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
By Contractor:
(Company Name)
(Signature)
(Typed Name & Title)
TPA#1953633.11
GC-CA-G-1
By Design
Professional:
By Owner:
TPA#1953633.11
GC-CA-G-2
168 1 J.
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
.1681.1
EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
TPA#1953633.11
GC-CA-H-1
.16 8 1.1
those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
TPA#1953633.11
GC-CA-H-2
J.6B" 1.1
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday
through Saturday. Lane closures are only permitted between the hours of 9:00 a.m. to
3:30 p.m. No work shall be performed outside the specified hours without the prior
approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
TPA#1953633.11
GC-CA-H-3
168 1.1
4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each subsequent Application for Payment, Contractor also shall
complete and submit to Owner as part of its Application for Payment, the Stored
Materials Record attached hereto and made a part hereof as Exhibit O.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner. The Project Manager shall have the discretion to establish, in writing, a
schedule to periodically reduce the percentage of cumulative retainage held through out
the course of the Project schedule. Owner reserves the right to reduce the amount of
the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing
Policy.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
TPA#1953633.11
GC-CA-H-4
168 1.1
4.7 Each Application for Payment shall be accompanied by a Release and Affidavit,
in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full
for all materials, labor, equipment and other bills that are then due and payable by
Owner with respect to the current Application for Payment. Further, to the extent
directed by Owner and in Owner's sole discretion, Contractor shall also submit a
Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the
form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor
or supplier has been paid in full through the previous month's Application for Payment.
The Owner shall not be required to make payment until and unless these affidavits are
furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
TPA#1953633.11
GC-CA-H-5
5.2 If any conditions described in 5.1. are not remedied or rem!eP Jjner !a)
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
TP A#1953633_ 11
GC-CA-H-6
.168
1.1
substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
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8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
8.1.3
personnel;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
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faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
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9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
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sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
11. CLAIMS AND DISPUTES.
11 .1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim.
Claims not settled by the aforesaid procedure, shall be resolved according to the
Dispute Resolution Procedure copies of which are available in the County Attorney's
Office or Purchasing Department. All Claims shall be priced in accordance with the
provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
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or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
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for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
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bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
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of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
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notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
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they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct if promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
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the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances" rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
TPA#1953633.11
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23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Builder or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
TPA#1953633.11
GC-CA-H-19
.!6b 1 1
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
TP A#1953633.11i
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shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
TP A#1953633. 11
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encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervIsing all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
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28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
TPA#1953633.11
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meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.neUpurchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor
shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
TPA#1953633.11
GC-CA-H-24
168
1111
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
TPA#1953633.11
GC-CA-H-25
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I
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner will be an additional insured on
all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties
directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the
subcontract or purchase order. Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract, copies of the Contract
Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
TPA#1953633.11
GC-CA-H-26
16H Iftl
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price. damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
34.1.4
34.1.5
34.1.6
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
34.1.12
34.1.13
34.1.14
34.1.15
34. 1 . 16
34. 1 . 17
TPA#1953633.11
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
GC-CA-H-27
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
168
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
lR1
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
TPA#1953633.11
GC-CA-H-28
TPA#1953633.11
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
GC-CA-I-1
168 1 ~
168 1 1
EXHIBIT J
TECHNICAL SPECIFICATIONS
TPA#1953633.11
GC-CA-J-1
j681 1"1
EXHIBIT K
PERMITS
TPA#1953633.11
GC-CA-K-1
168
EXHIBIT L
STANDARD DETAILS
TPA#1953633.11
GC-CA-L-1
Ift1
J.68 1.1
EXHIBIT M
PLANS AND SPECIFICATIONS
TPA#1953633.11
GC-CA-M-1
DATE CERTAIN
DATE:
DATE:
). 6 B, I. 1
CONSTRUCTION AND CONTRACT TIME LINE SCHEDULE
US 41 Tamiami Trail North (SR 45) Phase V
BID # 07-4073
CONTRACT AND/OR CONSTRUCTION ACTIVITIES
CONTRACT AWARD
NOTICE TO PROCEED
DATE:
DATE:
DATE:
DATE:
:~~::::t:::t~:giX1::1;11~:!~"::!::::!..:;:.:. PROJ ECT SUBSTANTIA l COMPlETIO N OBSERVATION
CREATE OBSERVATION PUNCH LIST FOR
ENTIRE PROJECT
:::t:::::::::tgtiX::lI1:tl:'i!::::::I~:::~::~::~:DAYS TO MAKE OBSERVATION PUNCH LIST CORRECTIONS
DATE:
DATE:
:.~:;I:!:~.:::p*y:!j:jl~.lifP.J.~~::m:!t:: FI NAL COMP LETlON OBSER V A nON
COLLIER COUNTY, DESIGN PROFESSIONAL
DATE:
DATE:
::!:!:::::::;~:ngil:~ttj;q;f:1ii:~::!::,!:::.:i;! FI NAL ACC EPT ANC E NOTl FICA TION
DATE:
~!:j:::::I::::I;l:'-:~M~ml$.:tl:~:::::!;:;t:: ANN UAL WAR RA NTY OBSERVATION
DATE:
...::;!~.;::i!.~.:::.:~::PAMI~:;:;:::::!~;:..:::::.!:.:. W A RRA NTY CORR ECT 10 NS & NOTIFICATIONS
.--..........--.....................................
WARRANTY ACCEPTANCE NOTIFICATION
COLLIER COUNTY, DESIGN PROFESSIONAL
APPROVED BY:
DATE:
DATE:
DATE:
DESIGN PROFESSIONAL
COLLIER COUNTY
TRANSPORTATION DEPARTMENT
CONTRACTOR
168
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
TPA#1953633.11
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Print OBfIltlk .,A....to ~ docun1ent. Original documentS should be hand delivered to the Board 0fIice. 'I'heoomp1eted rtftltin& llUp and original
~_..tohfuf\\1ltded to the BoardOt1We ooly" lheBoard has tekCll actioo 00 the item.)
ROU11NGSLIP
jl~#4 .~'fur additio!ud si....,... andIor informlltioll ~.Ifthe ~ is ~.~. widt the
's dttwa IbIc .fl1lQti 1m. #1 #4 the ..... t1 to 8110F '".! .
omee .... Date
16 B l~
2.
3.
4.
S. Sue Filion. Executive Manager
6. MimIi- and Records
Board of County Commissioners
Clerk of Court's Office
PRIMARY CONTACT INFOaMATlqN
i$ tbeholder of tile oriainal documeat ~'BCC.1IppRMIl Normally the ~ ~ is........ __ ~~ tbeexecetiw
.' ...... .~is neededUa'" ~_ Of...........1bow. itlehldiaj ~ Fi....,ntedto ..sttff.., ~;(lI" IDilIs8la:
~neodinttbe pccCbainl.fs......,8I'O to be doIiveredto the pee ~.llttIy.the SCCIlls actOdto.- the
Erin Hall
PboneNtimber
774-8924
1/23107
Agenda .ltetnN~
Nwnberof~
Documents A_bed
'" /!IX'-
Adopt-A..R.oadAgeement
1N$TB.VrnONStI CHlCWST
CC)JUiftUl or mark''NfA''in the Not Applicable column. which",. is
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MEMORANDUM
Date:
January 24, 2007
To:
Erin Hall
Transportation/Road Maintenance
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Adopt-A-Road Agreement
Enclosed, please find a copy of the document, as referenced above,
(Agenda Item #16B14) which was approved by the Board of County
Commisssioners on Tuesday, January 23, 2007.
If you should have any questions, please call me at 774-8411.
Thank you.
Enclosure
16Rllt
,
16 U lh
.
COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT
Terms and Conditions
THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this<:L day
oiJ~ ,2007. by and between Collier County (hereinafter the "COUNTY"), and the
vaunteer gro, AMERICAN HOME MORTGAGE (hereinafter the "GROUP"),
whose address is 12524 COLLIER BLVD., SUITE 106, NAPLES, FLORIDA, 34116.
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as NEW MARKET ROAD from SR 29-A to N. 15th St./SR 29 (the "Adopted Roadway"),
acknowledges the hazardous nature of picking up litter, and agrees to the following terms and
conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
16 B 14
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involved, number of bags of litter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
be retained by the GROUP during the term of this Agreement.
..,
16
14
B. THE COUNTY SHALL:
l. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove Jitter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free of Jitter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
~
16 II,
If
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
'1,
ATTSS' "'T' ....,;~... :J.,.,.
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, .'.',.....,,;...;'. D~uty Clerk
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY:~~
JAME OLETTA, Chairman
A
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16C2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documenls should he hand delivered 10 the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken actioll 011 the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's si ature, draw a line thrau routin lines # I throu #4, com lete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
List in routin order
2.
6. Minutes and Records
Clerk of Court's Office
CMG
02/9/07
3.
4. Colleen M. Greene
Assistant County A
5. Sue Filson, Executive Manager
Board of County Co
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending BeC approval. Normally the primary contact is the person who created/prepared the
executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional
or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to
approve the item.)
Name of Primary Lyn M. Wood, C.P.M. Phone Number 774-2667
Staff Contact
Agenda Date Item was January 23, 2007 Agenda Item 16 (C) 4
Approved by the Bee Number II/J r ""2..---'
Type of Document Contract: 06-4015 "Solid Waste Professional Number of Original 'FIVe (5)
Attached Engineering, Technical & Financial Consulting Documents
Services" Contractor: R.W. Beck, Inc. Attached
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not
appropriate. (1m tial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (AU documents to be CMG
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fuUy executed by aU parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. AU handwritten strike-through and revisions have been initialed by the County Attorney's CMG
Office and aU other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the CMG
document or the final negotiated contract date whichever is applicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG
signature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip CMG
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame"or the BCC's actions are nullified. Be aware OfVOUf deadlines!
6. The document was approved by the BCC on Januarv 23. 2007 (enter date) and aU CMG
changes made during the meeting have been incorporated in the attached document.
The Countv Attornev's Office has reviewed the chan2es, if applicable.
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
ROUTED TO:
01-//(C- OtJe.,3o
. \' DATE
..~ .~.. ,l...t ur II ~L.,
"(~'{\'J:I\IT'( AT10RNE~
'\.t\.c,,~ ~~
2001 FE\3 -5 PH 3: 28
RECElvt6 iC:2
ITEM NO.:
FILE NO.:
REQUEST FOR LEGAL SERVICES
\ 1:\
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DO NOT WRITE ABOVE THIS LINE
3[
Date: January~, 2007
To: Office of the County Attorney
Attention: Robert Zachary
From: Lyn M. Wood, C.P.M., Contract Specialist
Purchasing Department, Extension 2667
Re: Contract: 07-4071 "Financial Consulting Services"
Contractor: Public Resources Management Group, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on January 23, 2007; Agenda
Item 16(C)2.
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Robert, this is a sta ndard contract with no changes. Please forward to
BCC for signature after approval. If there are any questions concerning the
document, please contact me. Purchasing would appreciate notification when
the documents exit your office. Thank you.
cc: Bala Sridhar, PU Operations
7-1(/97- ~~-@
16 C2
MEMORANDUM
TO: Wayne Fiyalko
Risk Management Department
FROM: Lyn M. Wood, C.P .M., Contract Specialist
Purchasing Department
51
DATE: January 2-3, 2007
RE: Review of Insurance for Contract: 07-4071 "Financial Consulting
Services"
Contractor: Public Resources Management Group, Inc.
This Contract was approved by the BCC on January 23, 2007; Agenda Item
16(C)2.
Please review the Insurance Certificates for the above-referenced contract. If
everything is acceptable, please forward to the County Attorney for further
review and approval. Also, will you advise me when it has been forwarded.
Thank you. If you have any questions, please contact me at extension 2667.
.:r ~/~~ ~ ~ ~ ~ ~..~ ~ ~~~.
--..t ~ ~ ./.vr ~ --- ~.y; '#'
dod/L W
cc: Bala Sridhar, PU Operations
16 ~2
I .~
MEMORANDUM
Date: February 15, 2006
To: Lynn Wood, Contract Specialist
Purchasing Department
From: Martha Vergara, Deputy Clerk
Minutes and Records Department
Re: Agreement #07-4071:
"Financial Consulting Services"
Contractor: Public Resources Management Group, Inc.
Enclosed are four (3) copies of the original contract, as referenced above
(Agenda Item #16C2) approved by the Board of County Commissioners on
Tuesday, January 23, 2007.
The Finance Department and Minutes & Records Department have retained a
copy.
If you should have any questions, you may contact me at 774-7240.
Thank you,
Enclosures (3)
16 C2
A G R E E MEN T #07-4071
for
Financial Consulting Services
THIS AGREEMENT, made and entered into on this ~ 3rA day of "let #") un. y,j ,
2007, by and between Public Resources Management Group, Inc., authorized to do business
in the State of Florida, whose business address is 341 North Maitland Avenue, Suite 300,
Maitland, Florida 32751, hereinafter called the "Consultant" and Collier County, a political
subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. This Agreement shall be for a two (2) year period, commencing
on the date of award by the Board of County Commissioners.
The County may, at its discretion and with the consent of the Consultant, renew the
Agreement under all the terms and conditions eontained in this Agreement for three (3)
two (2) year extensions. The County shall give the Consultant written notice of the
County's intention to renew the Agreement term not less than ten (10) days prior to the
end of the Agreement term then in effeet.
2. ST ATEMENT OF WORK. The Consultant shall provide financial consulting services
("Services") in accordance with the terms and eonditions of RFP #07-4071 and the
Consultant's proposal referred to herein and made an integral part of this agreement.
3. ESTIMATES OF WORK. Prior to issuing any purchase order pursuant to this
Agreement, County shall request that the Consultant provide a proposal to carry out
specific activities/ tasks. The cost proposal for each assignment shall be broken down
by individual tasks, including allocation of personnel hours and a proposed schedule
for completion of the task(s). Payment for tasks related to each assignment will be
based on terms agreed to prior to the issuance of a purchase order, which may be lump
sum, time and materials, or a combination of the two. Consultant shall supply such
estimate to the County, based on Consultant's good faith analysis, within ten (10)
business days of the request.
Pricing shall be inclusive of all costs. Payment shall be full compensation for all
services, labor, tools, equipment, travel and any other items required for project
completion and/ or eompletion of services.
Page 1 of6
16 C2
, ...
3. COMPENSATION. The compensation (whether based upon a negotiated lump sum,
time and materials, hourly with a cap or some other agreed to format) contained in each
separate proposal shall be based on the hourly rates set forth and identified in Schedule
A which is attached hereto and made a part hereof, for the time reasonably expended
by Consultant's personnel in performing the Services. The Rate Schedule may be
updated by mutual agreement on the renewal date of the contract if Consultant so
requests in writing. Assignments shall be made by purehase order based on
Consultant's proposals.
4. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following address:
Robert J. Ori, President
Public Resources Management Group, Inc.
341 North Maitland Avenue, Suite 300
Maitland, FL 32751
Telephone: 407-628-2600
Facsimile: 407-628-2610
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell
Telephone: 239-774-8371
Facsimile: 239-530-6584
The Consultant and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Service
Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall ere ate or be construed as creating
a partnership between the County and the Consultant or to constitute the Consultant as
an agent of the County.
6. PERMITS; LICENSES; TAXES. In compliance with Section 218.80, F.5., all permits
necessary for the prosecution of the Work shall be obtained by the Consultant. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Consultant. The Consultant shall also be solely responsible for
payment of any and all taxes levied on the Consultant. In addition, the Consultant shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Consultant agrees to comply
Page 2 of6
16 C2
with all laws governing the responsibility of an employer with respect to persons
employed by the Consultant.
7. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to
use in any manner whatsoever, county facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant. Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
8. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (3D) day written notice. The County shall be
sole judge of non-performance.
9. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
10.. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,0.0.0.,0.0.0.
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Consultants; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $50.0.,0.0.0. Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
D. Professional Liability: Coverage shall have minimum limits of $1,0.0.0.,0.0.0..
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Page 3 of6
16 C2
-k.... G..) 72.5-
Current, valid insurance policies meeting th equirement herein identified shall
be maintained by Consultant during the uration of this Agreement. Renewal
certificates shall be sent to the County t . days prior to any expiration date.
There shall be a ~. day notification to the County in the event of
cancellation or modific~tion of any stipulated insurance coverage.
~^ (td) /2...1 c)
Consultant shall insure that all subConsultants comply with the same insurance
requirements that he is required to meet. The same Consultant shall provide
County with certificates of insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Consultant shall indemnify and hold harmless Collier County, its officers and employees
from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant or anyone employed
or utilized by the Consultant in the performanee of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Public Utilities Operations Department.
13. CONFLICT OF INTEREST.: Consultant represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Consultant further represents
that no persons having any such interest shall be employed to perform those services.
14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
eomponent parts, all of which are as fully a part of the contract as if herein set out
verbatim: Consultant's Proposal, Insuranee Certificate, and RFP #07-4071 Scope of
Services and other terms and conditions.
15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and
between the parties herein that this agreement is subject to appropriation by the Board
of County Commissioners.
16. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112,
Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County
Page 4 of6
16, e2
Administrative Procedure 5311. Violation of this provision may result in one or more
of the following consequences: a. Prohibition by the individual, firm, and/ or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/ or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/ or
quotes; and, c. immediate termination of any contract held by the individual and/ or
firm for cause.
17. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES.: Collier County
encourages and agrees to the Consultant extending the pricing, terms and conditions
of this solicitation or resultant contract to other governmental entities at the discretion
of the Consultant.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this
agreement, the Consultant is formally acknowledging without exception or stipulation
that it is fully responsible for complying with the provisions of the Immigration
Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations
relating thereto, as either may be amended. Failure by the Consultant to comply with
the laws referenced herein shall constitute a breach of this agreement and the County
shall have the discretion to unilaterally terminate this agreement immediately.
19. VOLUME OF REQUIRED SERVICES. It is mutually understood and agreed that the
nature, amount and frequency of the Services shall be determined solely by County
and that County does not represent or guarantee unto Consultant that any specific
amount of Services will be requested or required of Consultant pursuant to this
Agreement.
IN WITNESS WHEREOF, the Consultant and the County, have each, respeetively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST: ;r., . \l0 ~r~r;
Dwight E. B:t:Q~K, .(;1€tT<~ Courts
.:~"i' .,," .t: '2-.' .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~.
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By: / ;. ..
James ~etta, ehairman
Page 5 of6
~~!rEo/
e - C' L. Pefl/A
tType' print witness n et
~AW-'~.~Ilh~
Second Witness ,
bJ r-.luA MURl<AW-
tTypej print witness nam t
Approved as to form and
legal sufficiency:
C~OPQu,.W1 ~
Assistant County Attorney
Cd le61/Vl . Greene.
Print Name
-'2 ':~'j
Public Resources Management Group, Inc.
Consultant
By:
4~11)~.
Signature
2",b~,-t ::r ()(': :?r'et;cQ-(.,'f
I
Typed signature and title
Page 6 of6
16 G2
Schedule A
#07-4071 - Financial Consulting Services
Agreement
PUBLIC RESOURCES MANAGEMENT GROUP, INe.
SCHEDULE OF DIRECT LABOR HOURLY RATES AND COST RATES
DIRECT LABOR RATES
Project Team Title
Principal
Associate
Executive Consultant
Managing eonsultant
Supervising Consultant
Senior Consultant
Rate eonsultant
Consultant
Rate Analyst
Analyst
Assistant Analyst
Administrative
Direct Labor
Hourly Rates [*]
$150.00
$125.00
$1l0.00
$105.00
$ 95.00
$ 85.00
$ 75.00
$ 65.00
$ 55.00
$ 45.00
$ 35.00
$ 45.00
STANDARD COST RATES
Expense Description
Mileage Allowance - Personal ear Use Only [2]
Reproduction (black and white) (in house)
Reproduction (color) (in house)
Reproduction (contracted)
eomputer Time
Telephone Charges
Delivery eharges
Lodging/Other Travel Costs
Meals [2]
Sub consultant Services
Other eosts for Services Rendered
Standard Rates
IRS Standard Mileage Rate
$0.05 per page
$0.25 per page
Actual eost
$0.00 per hour
Actual Cost
Actual Cost
Actual Cost
Not to exceed per PRMG
Employee
Per eounty
Reimbursement Policy
Actual eost plus 5.0%
Actual Cost
'\ ,I
[2] Standard cost rates will be based on the County reimbursement policy or
Florida Statute Section, 112.061, as appropriate, during the billing period
referenced on the invoices for services. Amounts shown as example only.
02/02/2007 14:58 FAX 5813954155 -I _
ACORD. CERTIFICATE OF LIABILITY INSURANCE m-'1.' I IlAH -,.. l' 'J
pm - 02/D2 '07
~II THIS CEln'PlCATBIS I$SUBD AS A MATTEA OF IWORMATION
ONLY AND CONF~ NO RJGHTS UPON THE Cl!ATlFlCATE
Th. Pl..tridg. Ag.ncy~BRO HOLDI!R. THIS CERTlllCATE DOn NOT ""'D, EXTEND OR
2100 N. Dixie Rwy. ALTER THI! COVEIItAGI!! AFFORDED BY THE POLICIE' BELOW.
Boca RatOD PL 33631
Phone.5'1~3'5-1fJ5 P&x:581-3J5-4155 INeURERa APFOADING COVERAGE NAIC .
lNlURm INIIUNI" '" COlIID ODttOlUl/BC-BS
INIUREIt II: ra.ftl.. la_f." e-.. 0'00
m1rC .effric.. lIIInalftr"t INSUIU!II c: .t. _ lUre _llIlCe c:..
34 . Ja nd t~.. 0 .HSlMiR 0:
..,it. _., 7S
INIURE~ I!:
PLASTRIOGE
COVERAGES
lHE POUCl!lI OF NSUIWICE LISTED IIEl.OW *\IE II"N ISIUED TO nf! lNS\JIIiI) t.wIII!O MOIl! FOR THlI'Ol.ICY P1i~ ~TlO. NOlWlYH&TNlDlNG
NlY IIlEQUIIlIflIEHT. TWAM Oft CONOIl'lCN or Nf( COfmUCT OllIlmlIR DOe\AIIHTWITtt ...PliOTTO WHICH THIs CIItTIl'ICAH lIMY lIE IS!IIWO M
IMY PlItTAIJIiI. TME INllUMHCli ""'0II0Il0 IlV THE POllCIU De$CRIIED HIRIIN 16 IlUlLlECT TO AU THI TEAMI. EXCLUaloHS "NO C<lNDlTlON8 Ol' lIUCH
POLICII!5. AGGREa.t.U UMlY8 SH~ *'1' HifoW _N REDUCtiO.'I' ~ND CUlIIflI.
",.. CF I'OUCY ......
0INbAL1.IMlUTY
X CO'M~cw. lOli"l!lW. LIiloKITT '10451.501 Sll TC'l'0 7
Cl..AlU5IWl! [!] OCCUlt
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01/05/07
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f'AOPIRTY O~
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lAC" OCCUMENc:f
JIIOOMGIloTl
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IlIETENTlON .
WClIUEII. COMPENlATIOH AND
.1I1'L0I'E.... LIAIlLITY
.l. AtI'f ~ROI'Rl5TOMlA!mlIR/ElU!~
OA'ICEM/lEMIIeR EXCLUDeD?
;,q~~~Shlclw
OTH""
C Prof...tonal Ltab
01AI0202DS3S05
01/01/07
T X
01/01/01 i.LfACHACCI:IENT
e./... DlMAIf -I!A '\lIII'LO'rI!
I. L. DlSl!AtE . POlICY lMf
IP2001073D
01/25/07
01/25/01 Occ~.nc
rat.
oacno Of' TJtIN8I T10NI , ADIIID." DDCMl8 , IPIICM&.
07-4071 Finucial Con8ulting lerY1c... Colli.r County, n. 1. Mcl1tioD&l
In.ur.a w1~ r..p.ct to QL.
CIRTlFlCA.TE HOUH!R
~ 001/001
'?2
UIIlTI
.1000000
$100000
. 5000
11000000
. 2000000
. 2000000
.1000000
.
.
.
AGG
.
.
I
.
. 500000
.500000
. 500000
1000000
1000000
CANCELl.ATION
COLLI - 3 IHOULD NffOf THI! lltCM! aac:__1I'DlJC8 . "-wi, III> IIIl"ORlI THE EIlI'lM'nON
llAu ntMaOI', 'ftllIIIUIHG IffIUMIt lMU. E~ TO IMIL ...!!..~" Wllrt'TEN
NOT1CIlO 1MI CIlnlRCATI MOl.DER *MIll TO T" LIIPT, IIUT IIIIlLU11f TO DO eo lNAU.
...oe.1lO oeuo._ OIIIl.lMIlLllY 01' Ntf ICIIIO ""* THI! INIWlIIIl. fT..-.an-s OIl
RVMIENTA'mfa.
Colli..r Couaty, .,lor1d.
Atta: Stev. CUrft.ll
3 J 01 B. Taabai '!'rail, Blelg J)
Hapl.. PL 34112
ACORD Z$ (2001101)
"!WI
1 ~ ..1..""1 4
,,"-,. ,
:,.J
."1
MEMORANDUM
TO:
Minutes & Records Department
FROM:
Gary Bigelow, Property Acquisition Specialist
Real Estate Services
DATE:
February 2, 2007
RE:
Utility Easement @ 481 Weber Blvd North (Fern R. Schmidt)
Please find attached One (1) original Utility Easement; ORe (1) grig1n::tl SUhorrli~
Comamt aad Joiader; aflfl,Oue (1) grigiR~1 Affid~vit for the above referenced project.
The Board of County Commissioners of Collier County, Florida approved the
recordation of same on January 23,2007, Item 16C4.
Please contact me if you have any questions or comments at X8073.
Thank you.
Attachments as stated
UTILITY EASEMENT
. Prepared By:
Je~",fer A. Belpedio, Esquire
OffIce of the County Attorney
3301 East Tamiaml Trail
Naples, Florida 34112
(239) 774-8400
16[;4
PROJECT: Tamiami (Golden Gate) Wellfield Sustainability
PROJECT NO.: 700661
FOLIO NO.: 36710560008
THIS EASEMENT, made and entered into this (t f1/ day of VCe-l1wlJt; R.., 2006, by
FERN ROBERSON SCHMIDT, a single person, whose mailing address is 481 Weber
Boulevard North, Naples, Florida, 34120-1637, (hereinafter referred to as "Grantor"), to the
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns,
whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred
to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, legal representatives, successors or assigns.)
WIT N E SSE T H:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged,
hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a
perpetual, non-exclusive easement for utility and access purposes, on the following described
lands located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS HOMESTEAD PROPERTY.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter
upon said land, excavate, and place or remove materials, including, but not limited to, water
lines and pipes, well pumps and raw water wells, and other equipment or improvements
appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining
utility facilities thereon. The easement granted herein shall constitute easements running with
the land and shall burden the lands described above.
Fern Roberson Schmidt
3964491 OR: 4174 PG: 1966
RICORDID in OFFICIAL RICORDS of COLLIIR COURTY, 'L
01/26/2007 at 10:46AN DWIGHT I. BROCK, CLIRK
CORS 22802.00
RIC PII 18.50
DOC-.70 160.30
COPIIS 2.00
Retn:
RIAL ISTATI SIRVICIS
IRTBRO'lICI
ATTR: GARY BIGILOW I 8073
The foregoing Utility Easement was acknowledged before me this /ITl! day of
J)ECl5fVJgFQ 2006 by FERN ROBERSON SCHMIDT, who is personally known to me or
who has produced t)L S530 - ~-6~-~b\- 0 as identification.
STATE OF FLORIDA
COUNTY OF COLLIER
WITNESS my hand and official seal this I \ day of \j((et"\\<<; 2006.
(affix Notarial Seal) I!~ ~ .
/~I~e of~otary Public)
{/ ~ 1~ \5\<""~.J
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
"<~';Y~.9.'" Jason Bires
L~~t~ Co~ission #D0273205
S~" ~.:;: ExpIres: Dee 07, 2007
"~~O;f\.O~", Bonded Thru
"'" ,,\' Atlantic Rondina Co., Inc.
THIS CONVEYANCE ACCEPTED I' THE
lOARD OF COUNTv -ISSI-RS
COlLIE. CN~ ~ Yft5.
"""" I '. FlOllDA.
~~~~;otm.IO. //'C,/
1
'A 1/
EXHIBIT
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*** OR: 4174 PG: 1967 ***
16
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C.R. 951
100' CANAL RIGHT OF WAY
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a
WEBER BLVD. NORTH
60' RIGHT OF WAY
l
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 C
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO '5
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original ducumcnts should be hand delivcred to the Bmlrd Office. The completed routing slip and original
documents are to be torvvarded to the Board Office only after thc Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exc tion of the Chairman's si ature, draw a line throu h routin lines #1 throu h #4, co lete the checklist, and forward to Sue Filson line #5),
Office Initials Date
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approvaL Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
6. Minutes and Records
Clerk of Court's Office
item.)
Name of Primary Staff Pam Callis Phone Number 403-2359
Contact
Agenda Date Item was January 23, 2007 Agenda Item Number 16C5
Approved by the BCC
Type of Document Exhibit A and Satisfaction of Notice of Number of Original I
Attached Promise to Pay and Agreement to Extend Documents Attached
Payment of Water and/or Sewer Impact Fee
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on ~ (enter date) and all changes
made during the meeting have been incorporated III the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial
2.
3.
4.
5.
6.
1)e.
'1)C
3)c!'
"J)c,
'J)c,
1>6
I: Forms! County Fonns! BCC Forms! Original Documents Routing Slip WWS Original 9,03.04, Revised 1.26.05, Revised 2.24.05
........d';..".'"~...,~..' .....""_~'.... ..".'--........'_i'.-.'._,.,_,_"_.._
Prepared by:
Robert Zachary
Assistant County Attorney
Office of County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
3963996 OR: 4173 PG: 4009
RECORDED in OPPICIAL RECORDS of COLLIER COUNTY, PL
01/25/2007 at 10:10AH DWIGHT E. BROCK, CLERK
REC PBE 18.50
COPIBS 2.00
Retn:
CLERK TO THB BOARD
INTBROFPICB 4TH FLOOR
BIT 8406
16 C5
SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO
EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain
Agreement with the following:
EMILO VELAZQUEZ
Whose mailing address is
17018 BLUE HERON DR.
NAPLES, FL. 34114
Bearing the date of the 23RD day of September 1999, recorded in Official Record
Book 2594 Page(s) 1149, in the Office of the Clerk of the Circuit Court of Collier County,
State of Florida, which Agreement imposes a lien on the subject real property. The Lien
secures the principal sum of One Thousand Four Hundred Dollars and No Cents
($1,400.00) plus accrued interest and penalties, if any, and imposes certain obligations
against real property situated in Collier County, Florida, described as follows:
2051 27 COMM N1/4 CNR SECT 20, S 1381.21FT, W 1113.63FT TO
POB, W 60FT, S 135FT, E 60FT, N 135FT TO POB
FOLIO NUMBER: 00766800007
Collier County, a political subdivision of the State of Florida, and the Collier
County Water-Sewer District, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien
in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer
District, acting through its Chairman, directs execution and recording of this Satisfaction
of Lien, by action of the Board this ~.3~D day of J,.qNt.(.q~)1 ,2007.
ATTEST:So' ;, BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BRQ' '~:~LERK COLLIER COUNTY, FLORIDA, AS THE
. . ": . . J f ,/ GOVERNING BODY OF COLLIER
~ COUNTY AND AS EX-OFFICIO THE
.. Ut.tu;~Gba 1 man s GOVERNING BOARD OF THE COLLIER
i19Altn"'OnLlf COUNTY WATER-SEWER DISTRICT
Approved.asto !QJm and legal
~,.~ ~.
v:~~. jC JIM ~:TTA. C~AI~MAN w:
County Attorney Item# Lbee;;
A??nda 1 !LJ 2.. I, '/),'1
Dalo ~ T
Date I I ,"' ._;....-"'1-
Rcc'd ~'T
k-
*** OR: 4173 PG: 4010 ***
EXHIBIT "A"
], 6 D'5
1. Silvio Barzaga and Locadicia Barzaga, securing the principal balance of eight
hundred thirty dollars and no cents ($830.00). Folio # 81626400003.
2. Emilo Velazquez, securing the principal balance of one thousand four hundred
dollars and no cents ($1,400.00). Folio# 00766800007.
Prepared by:
Robert Zachary
Assistant County Attorney
Office of County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
3963997 OR: 4173 PG: 4011
RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL
01/25/2007 at 10:10AK DWIGHT B. BROCK, CLBRK
RBC PBB 27.00
COPIBS 3.00
Retn:
CLBRK 10 THB BOARD
INTBROPPICB 4TH PLOOR
BIT 8406
16 C5
SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO
EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain
Agreement with the following:
Silvio Barzaga and Locadicia Barzaga
Whose mailing address is
281 Sugar Loaf Ln
Naples, FI34114
Bearing the date of the ih day of September 1999, recorded in Official Record
Book 2589 Page(s) 0938, in the Office of the Clerk of the Circuit Court of Collier County,
State of Florida, which Agreement imposes a lien on the subject real property. The Lien
secures the principal sum of Eight Hundred Thirty Dollars and No Cents ($830.00) plus
accrued interest and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
UNIT 160. WEST WINND MOBILE HOME ESTATES. A CONDOMINIUM.
AS MORE FULLY SHOWN IN THE OFFICIAL RECORD BOOK 630. PAGES
1883 THROUGH 1932. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
TOGETHER WITH ALL UNDIVIDED INTERESTS IN THE COMMON ELEMENTS
AND SURPLUSES ACCRUING TO SAID PROPERTY.
TOGETHER WITH IMPROVEMENTS DESCRIBED AS:
1979 MANUFACTURE HOME DESCRIBED AS SKYS HS ID#01650260A
1979 MANUFACTURE HOME DESCRIBED AS SKYS HS ID#01650260B
TOGETHER WITH ALL THE TENEMENTS. HEREDITAMENTS AND
APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING.
FOLIO NUMBER: 81626400003
Collier County, a political subdivision of the State of Florida, and the Collier
County Water-Sewer District, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien
in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer
District, acting through its Chairman, directs execution and recording of this Satisfaction
of Lien, by action of the Board thiso?S~ day of Ji:JNf.AIH~;1 ,2007.
; .
ATTESt': . ...~-. .-
DWIG
',CLERK
'\Lk
, .'- ,',' ".,
" ,;)t/;"r ,.;i'f- 'dR\}--
J I "~,"J._" ,.. .'
.......
Approved,,a$tbf6rm and legal
SU~f" ~
, ~
~Da id C.eigel
County Attorney
OR: 4173 PG: 4012
16 pc
c~:>
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEW DISTRICT
.,-}
/
.' '[.of
, '"."
JIM COLETTA, CHAIRMAN
*** OR: 4173 PG: 4013 ***
EXHIBIT "A"
1. Silvio Barzaga and Locadicia Barzaga, securing the principal balance of eight
hundred thirty dollars and no cents ($830.00). Folio # 81626400003.
2. Emilo Velazquez, securing the principal balance of one thousand four hundred
dollars and no cents ($1,400.00). Folio# 00766800007.
1~..'" .....
(:
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 C6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Oflice. 'rhe completed TOuting slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exc tion of the Chairman's si ature, draw a line throu h routin lines #1 throu h #4, co lete the checklist, and forward to Sue Filson (line #5).
Office Initials Date
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe offiee only after the BCC has acted to approve the
item.)
6. Minutes and Records
Clerk of Court's Office
Name of Primary Staff Pam Callis Phone Number 403-2359
Contact
Agenda Date Item was January 23, 2007 Agenda Item Number 16C6
Approved by the BCC
Type of Document Exhibit A and Satisfaction of Notice of Number of Original 1
Attached Claim of Lien Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCe on I '0 (enter date) and all changes
made during the meeting have been incorporated m the attached document. The
Coun Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A (Not
A lie able )
2.
3.
4.
5.
6.
1) Co
:pc.
:Dc.
::Dc.
1)C
'1Je,
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
3963995 OR: 4173 PG: 4007
RICORDID in OPPICIAL RICORDS of COLLIBR COUKTY, PL
01/25/2007 at 10:10AN DWIGHT I. BROCK, CLIRK
RBC PII 18.50
COPIIS 2.00
Retn:
CLBRK TO THI BOARD
IKTIROPPICI 4TH PLOOR
lIT 8406
16 C6
SATISFACTION OF NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against:
HERBERT C. POHLMANN
200 CUDDY COURT
NAPLES, FL 33940
The Lien was recorded on the 13TH day of October 1994, in Official Record Book
1993, Page(s) 1808, in the Office of the Clerk of the Circuit Court of Collier County, State of
Florida. The Lien secures the principal sum of Thirteen Thousand Two Hundred Dollars
and No Cents ($13,200.00), plus accrued interest and penalties, if any, and imposes certain
obligations against real property situated in Collier County, Florida, described as follows:
TRACT 1, OF THAT CERTAIN SUBDIVISION KNOWN AS WHITEHURST'S
REPLAT, ACCORDING TO THE PLAT THEREOF ON FILE AND RECORDED IN
THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF COLLIER
COUNTY, FLORIDA, IN PLAT BOOK 5, PAGE 1, LESS THE SOUTH 10.34
FEET THEREOF, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR
BOOK 1771, PAGE 1118 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
FOLIO NUMBER: 81780040008
Collier County, a political subdivision of the State of Florida, and the Collier County
Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien
in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
/ ~. tt'?;" t., \;'; ~'h.1 " 1;"'~~~:l.n
~ 7 ;,jJ .~'c 0r,;r;t! 1 ..
Approved as to form and
Legal sufficiency:
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District,
acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by
action of ~heBoard this~RDday of J/9NURI<.)i ,2007.
I;'
'/~
ATTEST: BOARD OF COUNTY COMMISSIONERS
OWl E. BR K, CLERK COLLIER COUNTY, FLORIDA, AS THE
. I).. ~ ~ I" GOVERNING BODY OF COLLIER COUNTY AND
ux./j,- AS EX-OFFICIO THE GOVERNING BOARD OF
THE COLLIER COUNTY WATER-SEWER
DISTRICT
~D~~~L ~
COUNTY ATTORNEY
Item it 1 tJ4
Ag2nda Jk>>
Ln~"o3 ,-J
'\.ho:.; ..,..
,
,/
JIM COLETTA, CHAIRMAN
*** OR: 4173 PG: 4008 ***
1
n6
I .
~,,>;
EXHIBIT
"A"
1. Herbert C. Pohlmann, securing the principal balance of thirteen thousand two
hundred and no cents ($13,200.00). Folio #81780040008.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 C-1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ..' /'
Pnnt on pink paper. Attach to original document. Original documents should be hand delivered to the Board Orflee. The completed routing slip and original
docullleJ1ls are to bc forwarded to the Board Oftlce only aft"r the Hoard has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and!or information needcd. If the document is already complete with the
exce tion of the Chainnan's si ature, draw a line throu h routin lines #1 through #4, com lete thc checklist. and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
2.
3.
4.
Board of County Commissioners
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of thc original document pending BCC approvaL Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is nceded in the evcnt onc of the addressees above, including Sue Filson, nced to contact staff for additional or missing
infonnation. All original documents needing the BCC Chairman's signature are to be dclivered to thc Bee office only after thc Bee has acted to approve thc
item.)
5. Sue Filson, Executive Manager
6. Minutes and Records
Clerk of Court's Office
Name of Primary Staff Pam Callis Phone Number 403-2359
Contact
Agenda Date Item was January 23, 2007 Agenda Item Number 16C7
Approved by the BCC
Type of Document Resolution and Sati~tion ~ien~ Number of Original 1
Attached DO -I Documents Attached
......-
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final negotiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of your deadlines!
The document was approved by the BeC onl 013 If (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A (Not
A licable)
2.
3.
4.
5.
6.
':Pc.,
:::DC
'J)e
:Dc.
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1: Forms! County Forms! BCC Forms! Original Documcnts Routing Slip WWS Original 9.fJ3.04, Rcviscd 1.26.05, Rcvised 2.24.05
16 C?
RESOLUTION NO. 2007-~
A RESOLUTION APPROVING SATISFACTION OF LIENS
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE
1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS.
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board
of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing
the recording of notices of liens for the delinquent solid waste collection and disposal
services special assessments for 1994; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to
approve by Resolution and record in the Official Records a Satisfaction of Lien on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the
1994 Service Year Solid Waste Collection and Disposal Special Assessment for the
following account numbered below, subsequent to the adoption of Resolution No. 95-475,
whereupon a lien had been recorded on real property pertaining to the account identified
herein. The Satisfaction of Lien attached hereto referencing the account identified herein
are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board
of County Commissioners, and the Clerk is directed to record this Resolution and this
Satisfaction of Lien individually in the official records of Collier County:
Account No. 2642
This Resolution adopted this cfl.3RJJ day of Ji1NUI'J/}f:I
second and majority vote.
, 2007, after motion,
~--
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
AtJest. !_t, to" Ch<$i '~~g~ ~
51ghaturt - Oti)lI
BY:
#~~
JIM COLETTA, CHAIRMAN
*** 3963993 OR: 4173 PG: 4005 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
01/25/2007 at 10:10AM DWIGHT B. BROCK, CLBRK
RBC FBI 10.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
II')' 8406
k
Approved as to form and
legal suffic' cy: ~
'1 r
<....
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 3963994 OR: 4173 PG: 4006 **
RECORDED in OPPICIAL RECORDS of COLLIER COUNTY, PL
01/25/2007 at 10:10AM DWIGHT B. BROCK, CLERK
REC PBE 10.00
COPIBS 1.00
Retn:
CLERK TO THB BOARD
INTBROPPICB 4TH PLOOR
BIT 8406
16C?
Property Folio No: 00435160007
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner
and holder of a certain Lien against:
Johns, Seth
6950 Amity Rd
Naples FL 339610000
The Lien was recorded on the 14th day of September 1995, in Official Record
Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued
interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
235026 SW1/4 OF NE1/4 OF NW1/4 OF SW1/4 2.5 AC OR 633 PG
270
Folio No.
Project No.
Account No.
00435160007
64000
2642
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board thisO?3R.D day of J!:JNf.l.R~ ,2007.
,
. ,ij\~,.",; ,,:'it' ,i-:t, l,4
~ ..~
j, -0'
BOARD OF COUNTY COMMISSIONERS
C:y~L1ER~~
JIM LETTA, CHAIRMAN
Apprdved,:~s,tG form
and Ie . ienc~
Item 1! J. Ioca
~13~fu 1-
~:.':c, 19?51Ft-1
'k~ly(~f
16Ul
I I
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (Iine#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
-
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contoct is the holder of the original document pending BCC approval. Normally the primary contact is the person who created'prepared the executive
summary. Primary contact information is needed in the event one of1he addressees above, including Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing the BCC Chairman's. signature arc to be delivered to the BCC office only after the BeC has acted to approve the
item.)
Name of Primary Staff Susana Capasso Phone Number 254-4000
Contact
Agenda Date Item was 1/23/07 Agenda Item Number 16Dl
Approved by the BCC
Type of Document Interlocal Agreement Number of Original 3
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's SC
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the SC
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SC
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip SC
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 1/23/07 (enter date) and all changes SC
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
N/ A (Not
A licable)
2.
3.
4.
5.
6.
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1601 :4
INTERLOCAL AGREEMENT FOR FUND SHARING:
EVERGLADES CITY HALL REPAIR
THIS INTERLOCAL AGREEMENT, is entered into by and between Collier
County, a political subdivision of the State of Florida (hereinafter referred to as the
"County"); and the City of Everglades City, (hereinafter referred to as the "City");
WITNESSETH:
WHEREAS, the Board of County Commissioners for Collier County has
approved funding assistance to the City of Everglades City for the Everglades City Hall
Repair Project; and
WHEREAS, this funding is approved in the Fiscal Year 2007 budget for Collier
County;
NOW, THEREFORE, in consideration of the covenants contained herein, the
County and the City hereby agrees as follows:
Section 1. The County shall pay six hundred thousand dollars ($600,000) toward
the costs of the Everglades City Hall Repair Project, payable as reimbursement to the
City.
Section 2. Improvements to the Everglades City Hall Repair Project are deemed
to have a useful life of twenty (20) years. In the event that any of these obligations is
violated, City shall refund to County the useful life remainder value of the facilities
improvements based on twenty (20) year straight-line depreciation with no residual value.
Section 3. This Agreement may be signed in counterparts by the parties hereto.
This Agreement shall take effect on the last day of execution by the last party to execute
same.
Section 4. This Agreement shall be recorded by the County in the Official
Records of Collier County within thirty (30) days after this Agreement is fully executed.
DATE: JA,JVAl.y 23,2.001
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY:
Ji
Item # IIP.f) I
-Hz
I i>'I.~, _~I.~fl
~I ':(n._.d,~ '~H
(s;~f(:,~
~
~".,~....c.~...\~,.~-......uc:"""-""'_
Approved as to form and
Legal sufficiency:
~~
\ ~
Rob rt Zac ary "
Assistant County Attorney
ATTEST:
~~
Approved as to form and
Legal sufficiency:
City Attorney
16 lJ 1 ~'~
CITY OF EVERGLADES CITY, A
FLORIDA CITY CLERK MUNICIP AL
CORPORA nON
BY: d~g~~ <J~
Honorable Sammy Hamilton, Mayor
DATE: !- /fp - 07
Page 1 of2
16 D 1
Martha S. Vergara
From: zachary_r [RobertZachary@colliergov.net]
Sent: Friday, February 16,20073:59 PM
To: CapassoSusana
Cc: Williams, Barry; Martha S. Vergara
Subject: RE: Interlocal Agreement - Everglades City
If Mayor Hamilton chose not to have his counsel look at the agreement, that is his prerogative. It doesn't affect the
legality of the agreement.
rnz
----~--'-"~-,-,,-~~.~.~,-<-~~.<~,,-"------,,<..~,,~,,---___'_'_'~"'~"~"_'_<'~~"'_'_*m_~__"""',,____,,___~~~,~~.~~,__>_,.,_.__~_,_~____._______~
From: CapassoSusana
Sent: Friday, February 16, 20078:16 AM
To: zachary_r
Cc: WilliamsBarry; 'Martha S. Vergara'
Subject: FW: Interlocal Agreement - Everglades City
Good morning,
Could you comment on Martha's question regarding the legality of the ILA with Everglades City. If the agreement
was not reviewed by Mayor Hamilton's legal counsel, does that nullify the agreement?
Thanks and regards,
Susana Capasso
Operations Coordinator
Collier County Parks & Recreation Department
15000 Livingston Road, Naples, FL 34109
Phone: (239)-254-40181 Fax #: 514-8657
E-mail: SusanaCapasso@colliergov.net
From: WilliamsBarry
Sent: Thursday, February 15, 2007 5:57 PM
To: CapassoSusana; 'Martha S. Vergara'
Cc: RaymondCarter
Subject: RE: Interlocal Agreement - Everglades City
Probably should run that question by the County Attorney's Office as well....
Barry
---_._------'--_.._~~-_._---_._-_._-~~---------_.~-^-------<-^----~~---~-~-~-~-
From: CapassoSusana
Sent: Thu 2/15/2007 4:49 PM
To: 'Martha S. Vergara'
2/16/2007
Ibgu12 ~
Cc: RaymondCarter; WilliamsBarry
Subject: RE: Interlocal Agreement - Everglades City
I asked that same question some time back but it is my understanding that Mayor Hamilton chose not to submit
the ILA to his legal counsel for review.
Susana
, "-~~~~~~_~_____'~~'_~__w_._~,."_~____~___,_~___~_~,______~~
From: Martha S. Vergara [mailto:Martha.Vergara@c1erk.collierJl.us]
Sent: Thursday, February 15, 2007 4:25 PM
To: CapassoSusana
Subject: Interlocal Agreement - Everglades City
Hello Susana,
Again I have a question for you. The Everglades City Hall Repair Agreement isn't signed by the City Attorney for
Legal Sufficiency.
Is that going to nullify the whole document, I thought I would ask before I take it to recording.
Martha Vergara
Deputy Clerk - BMR
239-732-2646 ext. 7240
2/16/2007
16 u 1 itj
INTERLOCAL AGREEMENT FOR FUND SHARING:
EVERGLADES CITY HALL REPAIR
THIS INTERLOCAL AGREEMENT, is entered into by and between Collier
County, a political subdivision of the State of Florida (hereinafter referred to as the
"County"); and the City of Everglades City, (hereinafter referred to as the "City");
WITNESSETH:
WHEREAS, the Board of County Commissioners for Collier County has
approved funding assistance to the City of Everglades City for the Everglades City Hall
Repair Project; and
WHEREAS, this funding is approved in the Fiscal Year 2007 budget for Collier
County;
NOW, THEREFORE, in consideration of the covenants contained herein, the
County and the City hereby agrees as follows:
Section 1. The County shall pay six hundred thousand dollars ($600,000) toward
the costs of the Everglades City Hall Repair Project, payable as reimbursement to the
City.
Section 2. Improvements to the Everglades City Hall Repair Project are deemed
to have a useful life of twenty (20) years. In the event that any of these obligations is
violated, City shall refund to County the useful life remainder value of the facilities
improvements based on twenty (20) year straight-line depreciation with no residual value.
Section 3. This Agreement may be signed in counterparts by the parties hereto.
This Agreement shall take effect on the last day of execution by the last party to execute
same.
Section 4. This Agreement shall be recorded by the County in the Official
Records of Collier County within thirty (30) days after this Agreement is fully executed.
DATE: .Jt~j'~V~ L'/ 't~1 2..001
ATTEST: ~~.<'t'~jr',~, ".
DWIGf!~tE. BItOCk~~ERK
" "J }', '. ....<.~ ".
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY: ~~
Jim ~tta, al 8...
.~
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Approved as to form and
Legal sufficiency:
~~
/"
Ro bert Zachary
Assistant County Attorney
ATTEST:
~~
Approved as to form and
Legal sufficiency:
City Attorney
*** OR: 4185 PG: 1776 ***
1 !'~
t<, ."
'f!
~ '>'"".
de" \~.p
CITY OF EVERGLADES CITY, A
FLORIDA CITY CLERK MUNICIPAL
CORPORA nON
BY~~ k~.....< Z---
Honorable S y Hamilton, Mayor
DATE:
/~ /0-01
Cost Center Info for Pulling Prop and Everglades "7 ; P~e 1 of 1
~, '~~Ol D \
Martha S. Vergara \ ( "
______,_______________._.O<____~__._.__.__..____.___________~___...____ .!f._
From: CapassoSusana [SusanaCapasso@colliergov.net]
Sent: Thursday, February 15, 20072:19 PM
To: Martha S. Vergara
Subject: Cost Center Info for Pulling Prop and Everglades
Hi Martha,
As per our telephone conversation earlier, the cost fund center information for Pulling Property and Everglades
City Hall Restoration are as follows:
. Pulling Property - the funds for this project are split between two cost centers as follows:
a) $300K - 306-156311-763100 WBS# 800421 (capital projects fund)
b) $400K - 001-103010-881300 (general fund)
. Everglades City Restoration roject - 306-116360-763100 WBS# 800611
If there is anything else you need, do not hesitate to call me.
I will stop by tomorrow afternoon.
Thanks and regards,
Susana Capasso
Operations Coordinator
Collier County Parks & Recreation Department
15000 Livingston Road, Naples, FL 34109
Phone: (239)-254-4018/ Fax #: 514-8657
E-mail: SusanaCapasso@colliergov.net
2/15/2007
Martha S. Vergara
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From:
Sent:
To:
Subject:
RaymondCarter [raymondcarter@colliergov,net]
Friday, February 16, 2007 6:51 PM
Williams, Barry; CapassoSusana; Martha S, Vergara
RE: Interlocal Agreement - Everglades City
Barry, Sammy did not wish to have his legal staff review the document prior to his
signature,
From: WilliamsBarry
Sent: Thu 2/15/2007 5:56 PM
To: CapassoSusana; 'Martha S. Vergara'
Cc: RaymondCarter
Subject: RE: Interlocal Agreement - Everglades City
Probably should run that question by the County Attorney's Office as well....
Barry
From: CapassoSusana
Sent: Thu 2/15/2007 4:49 PM
To: 'Martha S. Vergara'
Cc: RaymondCarter; WilliamsBarry
Subject: RE: Interlocal Agreement - Everglades City
I asked that same question some time back but it is my understanding that Mayor Hamilton
chose not to submit the ILA to his legal counsel for review.
Susana
From: Martha S. Vergara [mailto:Martha.Vergara@clerk.collier.fl.us]
Sent: Thursday, February 15, 2007 4:25 PM
To: CapassoSusana
Subject: Interlocal Agreement - Everglades City
Hello Susana,
Again I have a question for you. The Everglades City Hall Repair Agreement isn't signed by
the City Attorney for Legal Sufficiency.
Is that going to nullify the whole document, I thought I would ask before I take it to
recording.
Martha Vergara
Deputy Clerk - BMR
1
239-732-2646 ext. 7240
1 t) LJ 1
2
MEMORANDUM
Date:
February 23, 2007
To:
Susana Capasso, Operations Coordinator
Parks and Recreation
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Interlocal Agreement - Everglades City Hall Repair
Enclosed please an original of the document as referenced above, (Agenda
Item # 16Dl) which was approved by the Board of County Commissioners
on Tuesday, January 23, 2007.
If you should have any questions, please contact me at: 732-2646 x 7240.
Thank you,
Enclosure
16D2
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF MARCH 17, 2008.
16D3
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original ducuments should be h,md delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only aft~r the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce1)tion of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
fIbe primary contact is the holder of the original document pending BeC approval. Normally the primary contact is the person who cn:atedIprepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BeC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Marlene Foord Phone Number 774-8971
Contact
Agenda Date Item was January 23, 2007 Agenda Item Number 16D3
Approved by the BCC
Type of Document Grant Agreement Number of Original 3 (PLEASE RETURN
Attached Documents Attached ORIGINALS; I ORIGINAL
WILL BE RETURNED AFTER
EXECUTION BY GRANTOR)
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the acc Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the fmal ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BeC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be war of our deadlines!
6. Tbe document was approved by the BeC on ( ~..f) (enter date) and all changes
made during tbe meeting have been incorpora ed i tbe attacbed document. The
Coun Attorn's Office has reviewed tbe chan es, if a Iicable.
I: Forms! COWlty Forms! Bec Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26,05. Revised 2.24.05
4.
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MEMORANDUM
Date:
January 24, 2007
To:
Marlene Foord, AICP
Grants Coordinator
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Grant Agreement
Please find one (1) copy of the above referenced document (Agenda
Item # 16D3) which was approved by the Board of County
Commissioners on Tuesday, July 23,2007.
If you should have any questions regarding this document, please feel
free to call me at 774-8411
Thank you.
Enclosure
16
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FWC Contract No.
06174
FLORIDA BOATING IMPROVEMENT PROGRAM
GRANT AGREEMENT
THIS AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida
32399-1600, hereafter "COMMISSION," and the COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS whose address is 3301 Tamiami Trail E, Naples, Florida 34112, hereafter
"GRANTEE" to conduct a project entitled Collier County Boater Education Project, hereafter "Project,"
using funds from the Florida Boating Improvement Program, hereafter "Program."
NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set forth,
agree as follows:
SCOPE OF SERVICES
1. The GRANTEE shall complete and implement the project proposal as described in Attachment A,
Florida Boating Improvement Program (FBIP) Grant Application No. 06-072, attached hereto and
made a part hereof. All project activities must be completed during the time span provided herein for
that portion of the Agreement.
2. The GRANTEE shall commence work on the Project within 90 days of execution of the Agreement.
Failure by the GRANTEE to begin work shall constitute a breach of the Agreement and result in
termination of the Agreement by the COMMISSION.
3. If applicable, all engineering must be completed by a professional engineer or architect registered in
the State of Florida. All work must meet or exceed minimum design standards and guidelines
established by all applicable local, state and federal laws.
4. It is the GRANTEE's responsibility to contract, manage and inspect all aspects of the Project,
including any construction contract, materials purchase, engineering, master plan or force account
labor performed at any Project site.
5. Any study, brochures, training materials, reports or other documents produced by the GRANTEE as
part of the project, Collier County Boater Education Project, shall acknowledge the Florida Fish &
Wildlife Conservation Commission, Florida Boating Improvement Program as a source of funding. In
addition, the GRANTEE shall include such acknowledgement in any publicity related to the
Agreement.
6. Upon completion of the project, the GRANTEE'S Project Manager, or other appropriate professional
for the GRANTEE, shall sign a Certification of Completion form, provided by the COMMISSION, that
certifies the Project was completed in accordance with the project proposal, Attachment A, and this
Agreement.
7. The GRANTEE shall submit to the COMMISSION monthly activity reports outlining the progress of
the Project, identifying any problems that may have arisen, and actions taken to correct such
problems. Such reports shall be submitted on the form provided by the COMMISSION and due to the
COMMISSION's Program Administrator by the 15th of each month until the Certification of Completion
is submitted.
8. Any study, brochures, training materials or reports produced by the GRANTEE shall be provided to
the COMMISSION for approval prior to final printing and submission for payment. Further, at least 21
days prior to printing the COMMISSION shall review and approve all proposed publications that will
be funded by this Agreement to ensure that environmental and boating safety issues are effectively
addressed. At its discretion, the COMMISSION may elect to have its representative inspect printed
Page 1 of 8
1 () "; 3
material prior to its release from the printing vendor. The GRANTEE agrees to inform the
COMMISSION at the completion of printing of any materials so that the COMMISSION may exercise
this option.
9. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any
subcontract and agrees to be fully responsible for the payment of all monies due under any
subcontract. It is understood and agreed by the GRANTEE that the COMMISSION shall not be liable
to any sub-grantee (or subcontractor) for any expenses or liabilities incurred under the subcontract
and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities
incurred under the subcontract.
10. The GRANTEE shall forward one copy of the bid package to the COMMISSION's Program
Administrator for review prior to soliciting for quotations or commencing any work. The
COMMISSION's Program Administrator shall have 30 working days for review. This review shall
ensure that minimum guidelines for the Project's scope of work are adhered to.
11. The GRANTEE shall comply with all applicable federal, state, and local rules and regulations in
providing services to the COMMISSION under this Agreement. The GRANTEE acknowledges that
this requirement includes compliance with all applicable federal, state and local health and safety
rules and regulations. The GRANTEE further agrees to include this provision in all subcontracts
issued as a result of this Agreement.
GRANTEE ELIGIBILITY
12. The GRANTEE shall be licensed as necessary to perform under this Agreement as may be required
by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon
request. The GRANTEE is responsible for ensuring that all subcontractors are licensed as necessary
to perform under this Agreement as may be required by law, rule, or regulation, and shall provide
evidence of such compliance to the COMMISSION upon request.
13. By acceptance of this Agreement, the GRANTEE warrants that it has the capability in all respects to
fully perform the contract requirements and the integrity and reliability that will assure good-faith
performance as a responsible recipient, and that the GRANTEE shall comport with Chapter 287, F.S.,
and all other applicable rules and laws.
TERM OF AGREEMENT
14. This Agreement shall begin upon execution by both parties and end June 30, 2007, inclusive.
However, the GRANTEE shall complete the Project as described in Attachment A on or before
June 1, 2007. The GRANTEE shall be eligible for reimbursement for tasks stipulated in Attachment
A occurring prior to full execution of the Agreement. The GRANTEE shall not be eligible for
reimbursement for any other costs incurred or services rendered prior to the execution date of this
Agreement nor for any costs incurred or services rendered after the termination date of the
Agreement.
15. The GRANTEE shall execute this Agreement within 90 days of formal COMMISSION approval.
Failure to execute this Agreement shall render the award of funds null and void, and shall result in
termination of this Agreement.
COMPENSATION
16. For satisfactory completion of the project as described in Attachment A, Project Proposal, the
COMMISSION shall pay the GRANTEE on a cost reimbursement basis in an amount not to exceed
$14,000.00.
Page 2 of 8
16 3
17. As indicated in FBIP Grant Application #06-072, the GRANTEE has agreed to provide 45% of the
estimated total project cost. If the actual cost of the project is less than the estimated total project
cost, compensation by the COMMISSION shall be 55% of the actual total project cost.
PAYMENTS
18. The COMMISSION shall pay the GRANTEE for satisfactory service upon submission of a final
invoice, accompanied by required reports or deliverables, and after acceptance of services and
deliverables in writing by the Commission's Grant Manager. The invoice must be submitted within
10 days after completion of the Project. The invoice shall include the FWC Contract Number and
the Grantee's Federal Employer Identification (FEID) Number and should be in a format similar to
Attachment F, sample invoice form, An original and two (2) copies of the invoice shall be submitted.
The COMMISSION shall not provide advance payment. All bills for amounts due under this
Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof.
19. Program funds shall be disbursed to the GRANTEE only after final completion of the Project occurs
and work is verified by COMMISSION staff. Payment will be made only for documented and verified
costs. The COMMISSION will not pre-approve or disburse any Program funds in advance.
Failure to complete the Project and make final payment request to the COMMISSION within the
stipulated period shall result in termination of this Agreement. Any funds not disbursed or
expended by the end of the stipulated period are subject to the provisions of Chapter 216.301,
Florida Statutes.
20. Travel expenses shall be compensated on a cost reimbursement basis in accordance with Section
112.061, Florida Statutes, and the rules and other requirements of the Department of Financial
Services.
21. The GRANTEE shall be reimbursed on a cost reimbursement basis in accordance with Comptroller
Contract Payment Requirements as shown in the Department of Financial Services, Bureau of
Accounting and Auditing, Voucher Processing Handbook, Chapter 4., C., L, attached hereto and
made a part hereof as Attachment B.
22. The COMMISSION shall have 30 working days to inspect and approve goods and services.
23. Any Project deficiencies, as noted in the final Project inspection, shall be corrected by the GRANTEE
prior to final Project acceptance and payment by the COMMISSION. The COMMISSION may restrict
any or all payment of Program funds pending correction of such deficiencies.
24. For contracts whose term extends beyond the State fiscal year in which encumbered funds were
appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual
appropriation by the Legislature.
25. In order to make best use of the agency's resources, the COMMISSION reserves the right to utilize
Federal funds for payments under this Agreement. In the event Federal funds become available for
such use, and subject to the mutual agreement of the parties hereto, the Agreement shall be
amended to include applicable Federal Requirements.
26. Invoices, including backup documentation, shall be submitted to:
Florida Fish and Wildlife Conservation Commission
Division of Law Enforcement
Boating and Waterways Section
Florida Boating Improvement Program
620 South Meridian Street
Tallahassee, FL 32399-1600
Page 3 of 8
16
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TERMINATION
27. This Agreement shall terminate immediately upon the COMMISSION giving written notice to the
GRANTEE in the event of fraud, willful misconduct, or breach of this Agreement.
28. Upon termination of this Agreement, the GRANTEE shall promptly render to the COMMISSION all
property belonging to the COMMISSION. For the purposes of this section, property belonging to the
COMMISSION shall include, but shall not be limited to, all books and records kept on behalf of the
COMMISSION.
TAXES
29. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to
pay any taxes on the services or goods purchased under the terms of this Agreement.
NOTICE
30. Unless a notice of change of address is given, any and all notices shall be delivered to the parties at
the following addresses:
GRANTEE
COMMISSION
Collier County BOCC
300 Tower Road
Naples, FL 34113
Fish and Wildlife Conservation Commission
Division of Law Enforcement
Boating and Waterways Section
620 South Meridian Street
Tallahassee, FL 32399-1600
Phone: (850) 488-5600
Fax: (850) 488-9284
Attn: Susanna Stephens, Program Administrator
Phone: (239) 417-6310, ext. 225
Fax: (239) 417-6315
Attn: Bryan Fluech, Project Manager
AMENDMENT OR MODIFICATION
31. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein
contained shall be valid unless in writing and lawfully executed by the parties.
32. The COMMISSION may at any time, by written order designated to be a Modification, make any
change in the work within the general scope of this Agreement (e.g., specifications, schedules,
method or manner of performance, requirements, etc.). However, all Modifications are subject to the
mutual agreement of both parties as evidenced in writing. Any Modification that causes an increase
or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal amendment.
RELATIONSHIP OF THE PARTIES
33. The GRANTEE shall perform as an independent contractor and not as an agent, representative, or
employee of the COMMISSION.
34. The GRANTEE covenants that it presently has no interest and shall not acquire any interest that
would conflict in any manner or degree with the performance of services required.
35. The parties agree that there is no conflict of interest or any other prohibited relationship between the
GRANTEE and the COMMISSION.
INSURANCE REQUIREMENTS
36. To the extent required by law, the GRANTEE will either be self-insured for Worker's Compensation
Page 4 of 8
16
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claims, or will secure and maintain during the life of this Agreement, Workers' Compensation
Insurance for all of its employees connected with the work of this project. If any work is
subcontracted, the GRANTEE shall require the subcontractor similarly to provide Workers'
Compensation Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall
comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in
hazardous work under this Agreement is not protected under Workers' Compensation statutes, the
GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory
to the COMMISSION, for the protection of his employees not otherwise protected.
37. Employers who have employees who are engaged in work in Florida must use Florida rates, rules,
and classifications for those employees. In the construction industry, only corporate officers of a
corporation or any group of affiliated corporations may elect to be exempt from workers'
compensation coverage requirements, Such exemptions are limited to a maximum of three per
corporation and each exemption holder must own at least 10% of the corporation. Independent
contractors, sole proprietors and partners in the construction industry cannot elect to be exempt and
must maintain workers' compensation insurance.
38. The GRANTEE warrants and represents that it is insured or self-funded for liability insurance,
appropriate and allowable under Florida law, and that such self-insurance offers protection applicable
to the GRANTEE's officers, employees, servants and agents while acting within the scope of their
employment with the GRANTEE.
CANCELLATION UNDER CHAPTER 119. FLORIDA STATUTES
39. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE to
allow public access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the GRANTEE in conjunction with this
Agreement.
RECORD KEEPING REQUIREMENTS
40. The GRANTEE shall maintain accurate books, records, documents and other evidence that
sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance
of this Agreement, in accordance with generally accepted accounting principals. The GRANTEE shall
allow the COMMISSION, the State, or other authorized representatives, access to periodically
inspect, review or audit such documents as books, vouchers, records, reports, canceled checks and
any and all similar material. Such audit may include examination and review of the source and
application of all funds whether from the state, local or federal government, private sources or
otherwise. These records shall be maintained for five (5) years following the close of this Agreement.
In the event any work is subcontracted, the GRANTEE shall require each subcontractor to similarly
maintain and allow access to such records for audit purposes.
LIABILITY
41. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of
its sovereign immunity or the provisions of Section 768.28, Florida Statutes,
NON-DISCRIMINATION
42. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to
discrimination in performance of this Agreement.
Page 5 of 8
1603
PROHIBITION OF DISCRIMINATORY VENDORS
43, In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on
the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any
goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public
entity for the construction or repair of a public building or public work; may not submit bids, proposals,
or replies on leases of real property to a public entity; may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity.
NON-ASSIGNMENT
44. This Agreement is an exclusive contract for services and may not be assigned in whole or in part
without the written approval of the COMMISSION.
PERFORMANCE AND REMEDIES
45. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the
COMMISSION.
46. It is understood by the parties that remedies for damages or any other remedies provided for herein
shall be construed to be cumulative and not exclusive of any other remedy otherwise available under
law.
SEVERABILITY AND CHOICE OF VENUE
47. This Agreement has been delivered in the State of Florida and shall be construed in accordance with
the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of this Agreement shall
be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the remaining
provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in
Leon County, Florida.
NO THIRD PARTY RIGHTS
48. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges
or interest to any third party.
JURY TRIAL WAIVER
49. As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding
brought by any party against any other party pertaining to any matter whatsoever arising out of or in
any way connected with this Agreement.
PROPERTY/EQUIPMENT
50. The GRANTEE is authorized to use funds provided herein for the purchase of one (1) 10' pop-up kit
display and one (1) boat wrap which shall be retained by and become the property of the GRANTEE.
However, in the event the GRANTEE fails to satisfactorily complete the services required herein, the
GRANTEE shall: a) return to the COMMISSION all equipment purchased with funds from this
Agreement; or, b) reimburse the COMMISSION for the cost of all equipment purchased with funds
from this Agreement.
Page 6 of 8
16 Dj
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51. Except as provided in paragraph 50 above, the GRANTEE is not authorized to use funds provided
herein for the purchase of any non-expendable equipment or other item of tangible personal property
valued at $1,000 or more for performance under this Agreement.
FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS
52, In accordance with section 215.97, Florida Statutes, the Florida Single Audit Act requires all non-
State organizations that are recipients of State financial assistance to comply with the audit
requirements of the Act. In addition, recipients and subrecipients of federal financial assistance must
comply with the Federal Single Audit Act requirements of OMS Circular A-133. Therefore, the
GRANTEE shall be required to comply with the audit requirements outlined in Attachment C, titled
Requirements of the Federal and Florida Single Audit Acts, attached hereto and made a part of the
Agreement, as applicable.
53. In accordance with section 216.347, Florida Statutes, the GRANTEE is hereby prohibited from using
funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a
state agency.
RIGHTS IN PROPERTY, COPYRIGHTS, AND INVENTIONS
54. All items, materials or products, of any description, produced or developed by the GRANTEE on
behalf of the COMMISSION in connection with this Agreement shall be the exclusive property of the
COMMISSION and may be copyrighted, patented, or otherwise restricted by the COMMISSION as
provided by Florida law. Neither the GRANTEE nor any of its subcontractors shall have any
proprietary interest in the products and materials developed under this Agreement.
55. The COMMISSION reserves the right to determine the disposition of title and rights to any inventions
and/or processes that may result from any experimental or developmental research performed under
this Agreement. If Federal funding is involved in support of this Agreement, the Federal Government
may reserve ultimate jurisdiction over title and right privileges.
56. Regardless of title or ownership of the products and materials developed under this Agreement, the
COMMISSION and the State of Florida shall reserve a royalty-free, nonexclusive, irrevocable right to
reproduce, publish, or otherwise use said work for governmental purposes. If Federal funding is
involved in support of this Agreement, the Federal Government shall also reserve a royalty-free,
nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work for governmental
purposes.
ENTIRE AGREEMENT
57. This Agreement with all incorporated attachments and exhibits represents the entire agreement of the
parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement
shall only be valid when they have been reduced to writing, and duly signed by each of the parties
hereto, unless otherwise provided herein.
(Remainder of page intentionally left blank.)
Page 7 of 8
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through
their duly authorized signatories on the day and year last written below.
~L1ER COUNTY BOARo\
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FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
<=
Colonel Julie Jones, Director
Division of Law Enforcement
/
/
/
/
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January 23, 2007
Date
Date
Jim Coletta
Name (Print)
Collier County
Grantee Name
3301 Tarniarni Trail E
Address
Naples, Florida 34112
City, State, and Zip Code
59-6000558
Federal Employer Identification Number (FEID)
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Approved to form and legality:
II)~ QoJl~
Grant~e Afforney ,
Attachment A:
Attachment B:
Attachment C:
Exhibit 1:
Attachment D:
Attachment E:
Attachment F:
FBIP Application # 06-072 and Project Proposal
Comptroller Cost Reimbursement Requirements
Federal/Florida Single Audit Act Requirements
Funds awarded pursuant to agreement
Certification of Completion form
Monthly progress report form
Sample invoice form
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List of attachments/exhibits included as part of this Agreement:
*If someone other than the Chairman signs the Agreement, a resolution, statement or other document authorizing the person to sign
the Agreement on behalf of the local governing body must accompany the Agreement.
Page 8 of 8
16 3
FWC Contract No. 06174
ATTACHMENT A
Florida Boating Improvement Program
Grant Application # 06-072
Project Proposal
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FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSI'O~j
FLORIDA BOATING IMPROVEMENT PROGRAM
BOATING EDUCATION GRANT APPLICATION
Fiscal Year 2006-2007
. -IGI'aIIt ~.RNumbeF ,
d
FOR OFFICE USE ONLY
~T-~~~~ !-Date Received:
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I - APPLICANT INFORMATION
a. CountylMunicipality Name: e. Project Manager Name:
Collier County, a Political Subdivision of Florida Bryan Fluech
b. Federal Employer Id. No.: Project Manager Title:
59-6000558 County Marine Science Extension Agent
c. Applicant Name: f. Mailing Address:
Frank Halas 300 Tower Rd
Applicant Title: City: Zip Code:
Chairman, Board of County Commissioners Naples 34113
d. Applicant Address: g. Telephone: Fax:
3301 Tamiami Trail E (239) 417-6310 ext 225 (239)417-6315
City: Zip Code: Email:
Naples 34112 fluech@ufl.edu
h. District Numbers:
US Congress: 14 State House: 76 State Senate: 37 County Commission: 1,11, IV
II - PROJECT SUMMARY
a. Project Title: Marine Resource Conservation Partnership of Collier County Boater Education and Outreach Program
b. Project Cost: Total Cost: $'25.360 I Amount Requested: $ 14.000
c. Project Type(s): o Classroom Education [gJ Printed Materials (boater guides, brochures, pamphlets, etc.)
[gJ Kiosks / Signs [gJ Portable Exhibits (tabletop display, trade show exhibit)
o Interactive Displays o Broadcast Media (TV/radio PSA, billboard, etc.)
o Print Media (magazines, newspapers) [gJ Promotional Items (PFDs, key chains, whistles, etc.)
d. Project Summary:
The Marine Resource Conservation Partnership of Collier County (MRCP-CC) is a diverse group of private and government
representatives seeking to balance boater access and environmental protection in Collier County through partnerships and
education. MRCP-CC proposes to initiate a multi-phased boater education program with the goal of empowering Collier County
resident and visitor boaters to practice sustainable boating behaviors. Sustainable boating objectives include providing boaters with
the knowledge, skills and tools to protect water quality, wildlife and beaches, but also ensure positive and safe boating experiences.
Positive boating experiences are essential to ensure the approximately one billion dollars annually derived in Collier County from
boating and tourism. Initial education and outreach efforts will have a site-specific focus on Keeywadin Island and Tigertail Beach
in Southern Collier County. MRCP-CC anticipates the boater education program to eventually reach county-wide and serve as a
model for other statewide boater education programs. Phases of the proposed program include on-water boater education using an
environmentally rigged "green boat" and trained volunteers, outreach at boat shows, festivals and other public events using the boat
and a portable educational display, partnerships with boat rental companies, creation of an on-going fellowship for graduate
students to assist in program coordination, and a GIS-based boater characterization study. MRCP-CC is requesting $14,000 to
support the creation of a portable "green boating" education exhibit as well as costs to cover workshop registration and travel
expenses associated with ongoing program development. Matching funds are promised in the amount of$ll,360.
FWC/DLE-252C (08/06)
1
III - PROJECT NEED
a. List Primary Need for Project:
~ ~--f2}safety-~-- - - -~- -
~ Environmental Needs of the Area
--gOtheF..~- _u --
---~-~lgllf)emand 15yUsers-----
~ Recommended by FWC Staff
--~-baek-i')Hn~lmuse-Capabitity .
b. Need Statement:
Collier County has over 24,000 registered boats within its waters, not including the numerous boaters visiting
from outside the County. There are boating guides and kiosks, but little direct, interactive education of boaters.
Concerns have been raised by boat rental companies, residents, visitors, local officials and resource managers that
the safety of both people and the environment is being compromised at several popular boating destinations. The
initial target sites for proposed education are Keeywadin Island and Tigertail Beach in Southern Collier County.
On a weekend it is not uncommon to visit the south tip of Keeywadin and see hundreds of boats stacked up within
a two mile stretch of beach. This unbridged, natural barrier island is a popular destination for boaters and one of
the few places to go in Collier County. The south end of the island is primarily a weekend destination mostly
attracting boaters seeking a social experience, and open consumption of alcohol, unleashed dogs and loud music
are prevalent. This island is also the location of several private residences and is a critical resting and foraging
site for several threatened beach-nesting bird species. Obvious conflicts and human and environmental safety
issues include trash and debris, human and animal waste, disturbance of wildlife, underage drinking, destruction
of vegetation, speeding in no wake zones, driving vessels under the influence and lack of enforcement. These
problems also alienate families and other demographic groups that may want to access the island, but are seeking
another type of experience.
Failure to address these issues could ultimately result in economic and ecological losses for Collier County.
Environmental losses are a national concern because Kewaydin is within the boundaries of Rookery Bay National
Estuarine Research Reserve and a state designated Outstanding Florida Waterway.
MRCP-CC seeks funding for seed money to kick off a boater education initiative. Never before has the County
had such a broad-based support for addressing the obvious boating-related problems in the region. The proposed
program aims at a diverse audience of boaters and will use methods that are more direct and interactive than what
the County has been using in the past. Programs will be based on other successful existing programs such as
TEAM OCEAN in the Florida Keys and they will be evaluated. By supporting the MRCP-CC boater outreach
program, boaters will gain the necessary knowledge and skills to become better boating stewards. This change in
behavior and increased community-wide awareness will lead to more positive and safe boating experiences and
long-term sustainable use and protection of natural resources.
IV - BOATER SAFETY
Explain how the project may affect boater safety.
MRCP-CC boater education projects will communicate boating safety through direct education of boaters at boat
shows and other public events with the use of a portable education exhibit and an environmentally rigged "green
boat". When not at shows, the "green boat" will be staffed by trained volunteers to provide on-water education with
boaters. Boater education will also target boat rental companies through partnerships. A combination of consistent
clean boating and safe boating messages will be used to encourage the demonstration of stewardship in the boating
community.
FWCIDLE-252C (08/06)
2
u
V - PERMITS
a. Does the project require a permit? D Yes [gj No
-~- b-.U-~s, what-typ€~--g---be€a+---EI-State--~-B-ether,-ex:plain~- ----------.-.-,..- -.---.-- -.----.--- -- -'---'-----'---'---", ...-.- - ---"--'--~------~
c. Status of Permit Application: D Not yet applied for D Applied for, pending D Approved
., ..F. . -f
~ J,
-L . c.,,,.' '"" """,I
~._- ----.------' -
VI - BUDGET
a. Has a detailed cost estimate been developed for this project? If yes, attach a copy to application.
DYes, Preliminary DYes, Final r8J No
b. PROJECT COST: NON-CASH FUNDS
Cost Item Applicant Other Do Not Use This TOTAL
(List in Section VII) Column
Administration $ $ $
In-Kind Project Management $ 3,360 $ $ 3,360
In-Kind Labor $ $ $
In-Kind Materials $ $ $
In-Kind Equipment $ $ $
Total Non-Cash Funds $ 3,360 $ $ 3,360
c. PROJECT COST: CASH FUNDS
Cost Item Applicant Other Source Grant Request TOTAL
(List in Section VII)
Planning / Design $ $ 8,000 $ 7,000 $
Implementing $ $ $ 7,000 $
Other: $ $ $ $
Total Cash Funds $ $ $ $
d. TOTAL FUNDS $ $ 8,000 $ 14,000 $ 22,000
VII - OTHER SOURCE OF FUNDS (STATUS)
a. D Federal cgj State/Local D Loan Agency: Cedar Bay Yacht Club
b. Grant Name: Monetary Donation Amount $ 8,000
c. Approval Status: cgj Approved D Pending D Intend to Apply, Date:
a. D Federal D State/Local D Loan Agency:
b. Grant Name: Amount $
c. Approval Status: D Approved D Pending D Intend to Apply, Date:
FWC/DLE-252C (08/06)
3
-- 1
~, .""
. )
..".'
VIII-APPLICATION ATTACHMENTS CHECKLIST
Inc. N/A
tgj a. Cover Letter: application transmittal cover letter (Identify priority rank with ll1ultiple applications).
181' - - b. Application: One (I) application with original signature from authorized individual.
tgj c. Project Proposal: a detailed description of project as outlined in the application instructions.
- -~ il,__R~olutioJl~_An ildopted resQ)lttion.-h}'--theGQvemingB~---authorJzing_that_the Project Manager has the
tgj authority to apply for and administer the grant on behalf of the applicant. If the Applicant is applying on behalf of
another public entity, then a Memorandum of Understanding between the Applicant and the public entity must
also be submitted.
D tgj e. Permits: Photocopies of necessary project permit(s) or permit application(s). If exempt, provide notification of
exemption from permitting agency.
D tgj f. Detailed Cost Estimate: Cost estimate in the form of a formal bid, written quote from proposed vendor or an
engineer's cost estimate.
D tgj g. Plans: preliminary design/engineering plans (if completed).
Include an electronic copy on CD or floppy disk and seven (7) photocopies of the application with attachments.
APPLICANT SIGNATURE
Application is hereby made for the activities described herein. I certify that I am familiar with the information contained
in the application, and, to the best of my knowledge and belief, this information is true, complete, and accurate. I further
certify that I possess the authority including the necessary requisite property interests to undertake the proposed activities.
I also certify that the Applicant's governing body is aware of and has authorized the Project Manager as the official
representative of the Applicant to act in connection with this application and subsequent project as well as to provide
additional information as may be required. By signature below, the Applicant agrees to comply with all applicable
federal, state, and local laws in conjunction with this proposal and resulting project so approved.
Frank Halas ... 1-
Name ~~.~
...::;:::::; ~~
Chairman. Board of County Commissioners
Title
October 24. 2006
Date
Authorized Signature for Applicant
<~~/':~ ~~'!':f' . i;:-~.l; .
ATTESf;f.">~., - ~:"':~:'"
. .. .'. '. . . L~"'~
D~..l\:~p~... .~~'~ /\
~~k
D~~.?ut): .~tY~tr-~'.~.. to ChI'..... ,
'1 . Sj~'ttN Oft 111\
STATE OF FLORIDA )
COUNTY OF COLLIER)
Personally appeared before me this d Lj"#.- day of October, 2006 , who subscribed and
swore to the above instrument in my presence. He is personally known to me.
Notary Public Name: if Au~ My commission expires:
Approved as to form and legal sufficiency:
Thomas . Palmer,
Assistant County Attorney
FWC/DLE-252C (08/06)
4
16 3
Marine Resource Conservation Partnership of Collier County Boater
Education and Outreach Program Proposal
Project Description:
The Marine Resource Conservation Partnership of Collier County (MRCP-
CC) consists of representatives from the following agencies and organizations:
. Florida Fish and Wildlife
Conservation Commission
. Florida Department of
Environmental Protection
. Collier County Marine
Industries Association
. Cedar Bay Yacht Club
. Rookery Bay National
Estuarine Research Reserve
. City of Marco Island
. City of Naples
. Collier County Extension
Service - Florida Sea Grant
Its mission is to balance boater access and environmental protection in Collier
County through partnerships and education. MRCP-CC is currently developing a
multi-phased boater education program. Phases of the proposed program
include on-water boater education using a "green boat" staffed with trained
volunteers, outreach at boat ramps, festivals and boat shows using the boat and
a portable educational exhibit, partnerships with boat rental companies, creation
of an on-going fellowship for graduate students to assist in program coordination,
and a GIS-based boater characterization study. This proposal includes funding
for the creation of a portable "green boating" education exhibit and costs to cover
workshop registration and travel expenses associated with the development of
the on-water boater education phase of the program.
The program ultimately strives to empower Collier County resident and
visiting boaters to practice sustainable boating behaviors. Sustainable boating
objectives include providing boaters with knowledge, skills and tools to make
decisions that protect water quality, wildlife and beaches, but also ensure positive
and safe boating experiences. Positive boating experiences are essential to
ensure the approximately one billion dollars annually derived in Collier County
from boating and tourism. Although initial education efforts will focus on the
southern part of the county, it is anticipated that program successes will be
expanded county-wide and can eventually serve as a model for other boater
education programs around the state. Proposed education activities will be
based on existing successful programs when appropriate and will be evaluated.
MRCP-CC convened its first meeting in June 2006 because of shared
concerns over two trouble spots: the southern tip of Keeywadin Island and
Tigertail Beach including its nearby sand bars (See attached images). These
locations were obvious areas where boaters were conflicting with wildlife and
each other, Current observable problems include:
. High density of boats
. Underage drinking and boating under the influence
. Human and animal waste
16 3
· Destruction of signs and cordage used to close areas for beach
nesting birds and evidence of people trespassing in them
. Speeding in no wake zones, including manatee zones
· Close calls between swimmers and boaters
. Taking of live shells
· Unleashed pets that frighten other boaters and flush resting birds
· Trash and debris including bottles, cans and other food wrappers,
but also toilet paper, fireworks
· Lack of manpower to enforce existing rules and laws
To begin to address these problems MRCP-CC requests funds to create a
portable "green boating" educational exhibit that will be used in outreach efforts
at boat ramps, festivals and boat shows. The display will focus on safe and
environmentally sound boating practices boaters can implement to increase their
recreational experience as well minimize their impacts on marine and coastal
resources. Graphics, handouts, and direct interaction with the public will be
incorporated in the exhibit design.
The specific safety and environmental messages used in this proposed
boating education program will be researched by CEBA staff from other
successful programs, and decided on so that messages are clear, consistent and
audience-appropriate. In a meeting in August of 2006 at Rookery Bay,
representatives from Florida Department of Environmental Protection, Sea Grant,
Florida Fish and Wildlife Conservation Commission and marine-related non-
profits agreed that consistent messages are important and more effective than
the individual agency approach used in the past. This proposed program seeks
to gain consensus on the messages used in the past and on the ones that will
- work most appropriately with our audiences. Project leaders will work closely with
FWC to utilize the many excellent and available educational tools that already
exist. By reinforcing a consistent message of stewardship from the time boaters
get on the water until they reach their final destination, there is a better chance of
accomplishing our educational objectives.
The display will be used in conjunction with an environmentally rigged
"green boat" that will be equipped with excellent safety equipment and
environmentally appropriate products such a four-stroke outboard, trolling motor,
push pole, polarized sunglasses, jack plate, PFD's, navigational charts,
brochures and pollution prevention equipment such as bilge socks to maximize
the effectiveness of outreach efforts.
When not in use at shows, the green boat will be used as an on-water
platform for education around Keeywadin Island and Tigertail Beach. Trained
volunteers will conduct direct and interactive education with boaters on the water
in a non-threatening manner similar to the Team OCEAN education model used
by the Florida Keys National Marine Sanctuary.
In addition to the "green boating" exhibit, funds will be requested to
support MRCP-CC staff to travel to the Florida Keys NMS to see the Team
OCEAN program in action. Members will collaborate with sanctuary staff to learn
how to develop a similar on-water education model specific to the waters of
2
16
!
Collier County, The knowledge and skills gained from this experience will help
direct the development of a volunteer training program that will support future on-
water boater education efforts in the county.
Funding will also be used to support three MRCP-CC staff's registration
and travel costs for a three-day community based social marketing workshop in
Gainesville, Florida. The workshop will provide MRCP-CC staff with the
necessary knowledge and tools to identify effective methods of reaching boating
audiences. To further assist outreach efforts, MRCP-CC members will also
attend the upcoming Florida Boating and Waterways Conference in Coco Beach
to gather information on boating management techniques used around the state.
In conclusion, when boaters leave trash, let their pets disturb nesting
shore birds, trample dune vegetation, or ignore posted speed zones, they reduce
the recreational experience for the next visitor as well as degrade the
environmental quality of the visited areas. In time, these irresponsible behaviors,
will impact resident and visitor experiences. Ultimately, these actions will have
environmental and economic consequences in a community that depends heavily
on its natural resources to support an ever growing tourism industry. As boater
education efforts increase around Keeywadin and surrounding waters, it is hoped
that the project will produce a boating community that is more conscientious
about how their actions impact the areas they enjoy and that they take actions to
improve and maintain the quality of their recreational experiences.
Tasks to be completed by MRCP-CC staff:
. Attend the Florida Waterways Management Workshop in Coco Beach
(Nov 1-3, 2006) to gather the latest information about waterway
management techniques and network with other attending agencies to
promote the goals and objectives of the education program.
. Coordinate the development of a portable "green boating" education
exhibit that focuses on safe and environmental boating; research what
key messages should be emphasized and what existing educational
materials and handouts should accompany the exhibit.
. Set up temporary education display at the Naples Boat Show in January
2007 to inform the public of the purpose of the program and gain support
for it.
. 3 staff members will attend a Community-Based Social Marketing
Workshop in Gainesville, Florida January 17 _19th. Skills and knowledge
gained will be used to develop effective strategies to reach targeted
boaters.
. Visit the FL Keys NMS to observe the Team OCEAN program in action
and gather information on how it can be adapted to Collier County's
waterways; begin the development of a volunteer boater training program
. Network with local businesses and organizations to promote and gain
support for the program throughout the county
. The project manager will continually report the progress of program
activities to all agencies involved in the boater education program.
3
1,6; ~":3
. Continue to seek out additional funding to support ongoing program
development;
. Work with Marine Industries Association on acquiring and rigging an
Everglades Flats boat to be used as the project "green boat"; it will
accompany the portable "green boating" education exhibit at boat shows
and other public events and will also be used for on-water education
effo rts.
Timetable: November 2006-June 2007
. November 2006: Roger Jacobson with the City of Naples will attend the
Boating and Waterways Management Conference in Coco
Beach to gather the latest information on waterway
management and boating issues in Florida as well as gain
statewide support for our education program.
. Novemberl December 2006: Work with Marine Industries Association
and Danny Riley of FWCC to acquire an Everglades flats boat
and develop it into the outreach "green boat".
. November 2006-January 2007: MRCP-CC staff will coordinate the
development of the "green boating" education exhibit including
the design, desired messages to be delivered, and materials to
be distributed.
. November 2006- June 2007: Hold monthly MRCP-CC meetings to
coordinate the ongoing development of the program; seek
additional funding sources to support additional phases of the
boater education program.
. January 2007: Set up a temporary display at the Naples Boat Show that
promotes "green boating" and informs the public about the goals
and objectives of the MRCP-CC boater education program.
. January-February 2007: Finalize design of the "green boating" exhibit
and have it constructed.
. January 2007: Project Manager and other MRCP-CC staff will attend a
Community Based Social Marketing Workshop in Gainesville,
FL to gain insight and tools on how to develop the social
marketing phase of the program and effectively reach a larger
boating audience.
. Februaryl March 2007: Project manager and staff will visit the Florida
Keys National Marine Sanctuary to observe the Team OCEAN
boater outreach program in action and work with sanctuary staff
to begin developing a similar model specific to Collier County's
waters.
. MarchI April 2007: Have "green boating" exhibit finished and ready to use
for outreach purposes.
4
1 3
ATTACHMENTB
Comptroller Contract Payment Requirements
Department of Financial Services, Bureau of Accounting and Auditing
Voucher Processing Handbook (10/07/97)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu
of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only
expenditures for categories in the approved contract budget should be reimbursed.
\
Listed below are examples of types of documentation representing the minimum requirements:
(1) Salaries:
A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits:
Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of
fringe benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or
electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable
property is purchased using State funds, the contract should include a provision for the
transfer of the property to the State when services are terminated. Documentation must
be provided to show compliance with Department of Management Services Rule 60A-
1.017, Florida Administrative Code, regarding the requirements for contracts which
include services and that provide for the contractor to purchase tangible personal
property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the
State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The
rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then
the calculation should be shown.
Page 1 of 1
ATTACHMENT C
REQUIREMENTS OF THE FLORIDA AND FEDERAL SINGLE AUDIT ACTS
I'.' 1"'.'1 3
hI"
:" ,; ~ .
....../' "",.;1
The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission
(Commission) to the Contractor/Grantee (recipient) may be subject to audits and/or monitoring by the
Commission as described in this section.
Monitorina
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS". below), monitoring procedures may include, but not be limited to, on-site visits by
Commission staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures.
By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes -deemed-appropriate by the Commission. In the event the Commission-determines that a
limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions
provided by the Commission staff to the recipient regarding such audit. The recipient further agrees to comply
and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or
Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in
OMB Circular A-133, as revised.
In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must
have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as
revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Commission by this
agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources
of Federal awards, including Federal resources received from Commission. The determination of amounts of
federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB
Circular A-133, as revised, will meet the requirements of this part.
In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends
less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with
the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources
(Le., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities).
PART II: STATE FUNDED
This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2)(1), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for
such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of
the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial
assistance awarded through the Commission by this agreement. In determining the state financial assistance
expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state
financial assistance received from the Commission other state agencies, and other non-state entities. State
financial assistance does not include Federal direct or pass-through awards and resources received by a non-
state entity for Federal program matching requirements.
Page 1 of3
, 16 3
In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient
expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the
non-state entity's resources (Le., the cost of such an audit must be paid from the recipient's resources obtained
from other than State entities).
PART III: OTHER AUDIT REQUIREMENTS
There are no other audit requirements
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMS Circular A-133, as revised, and
required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMS Circular A-133,
as revised, by or on behalf of the recipient directly to each of the following:
The Commission at the following address:
Audit Director
Florida Fish and Wildlife Conservation Commission
Sryant Building, Room 170
620 S. Meridian St.
Tallahassee, FL 32399-1600
The Federal Audit Clearinghouse designated in OMS Circular A-133, as revised (the number of copies required
by Sections .320 (d)(1) and (2), OMS Circular A-133, as revised, should be submitted to the Federal Audit
Clearinghouse), at the following address: .
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMS Circular A-
133, as revised.
Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting
package described in Section .320 (c), OMS Circular A-133, as revised, and any management letter issued by the
auditor, to the Commission at the following address:
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
620 S. Meridian St.,
Tallahassee, FL 32399-1600
Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of
the recipient directly to each of the following:
Page 2 of3
The Commission at the following address:
16 n "l
AJ ..)
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
620 S. Meridian St.
Tallahassee, FL 32399-1600
The Auditor General's Office at the following address:
Auditor General's Office
G74 Claude Pepper Building
111 West Madison Street
.-Tallahassee, FL 32399..1450
Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on
behalf of the recipient directly to:
The Commission the following address:
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
620 S. Meridian St.
Tallahassee, FL 32399-1600
Any reports, management letter, or other information required to be submitted to the Commission pursuant to this
agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
Recipients, when submitting financial reporting packages to the Commission for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650. (nonprofit and for-profit
organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to
the recipient in correspondence accompanying the reporting package.
Contact the Commission's Audit Director by phone at (850) 488-6068.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee,
Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit
working papers are made available to the Commission or its designee, Comptroller, or Auditor General upon
request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the
Commission.
Page 3 of3
....~.. ..-.. v
16 3
EXHIBIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOllOWING:
None.
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOllOWS:
None.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOllOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
None.
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Agency:
State Program:
CSFA No.:
Recipient:
Amount:
Florida Fish and Wildlife Conservation Commission
Boating Safety and Education
77 .027
Collier County Board of County Commissioners
$14,000.00
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOllOWS:
1. Project activities must not create a boating safety hazard and/or increase the potential for damage to
natural resources.
2. Recipient must comply with the Florida Boating Improvement Program Policies and Guidelines, Fiscal
Year 2006-2007.
3. Recipient must comply with all Commission rules, policies and procedures as well as all other state
and federal rules.
NOTE: Section .400(d) of OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida
Statutes, require that the information about Federal Programs and State Projects included in
Exhibit 1 be provided to the recipient.
Page 1 of 1
16 3
ATT ACHMENT D
,'<' \ \ " H:;'" f)
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FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
FLORIDA BOATING IMPROVEMENT PROGRAM
CERTIFICATION OF COMPLETION STATEMENT
I,
(Print Name and Title)
representing
(Name of Local Government)
do hereby certify under penalties of perjury, as provided in s. 837.012, Florida Statutes, that the
Florida Boating Improvement Program project funded by FWC Contract No.
has been completed in compliance with all terms and conditions of said Agreement; that all
amounts payable for materials, labor and other charges against the project have been paid; and
that no liens have been attached against the project.
(Signature)
(Date)
STATE OF FLORIDA, COUNTY OF (
)
Personally appeared before me this day of
subscribed and swore to the above instrument in my presence.
,200_, who
Notary Public Name:
My commission expires:
(SEAL)
CERTIFICATE BY COMMISSION
I certify: That, to the best of my knowledge and belief, the work on the above-named
project has been satisfactorily completed under the terms of the Agreement.
Division:
By:
Date:
Name:
Title:
1 (:'j; ,\'. 7
,...,' .~. -)
ATTACHMENT E
FLORIDA BOATING IMPROVEMENT PROGRAM
PROJECT PROGRESS REPORT
Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399-1600 or fax to (850) 488-9284.
FWC Contract #
Reporting Period (MonthNear):
(Due 15 days after the end of each month)
Project Title:
1. Describe tasks completed this month:
2. List deliverables provided to FWC this month:
3. List tasks scheduled to be completed during next month:
4. Is project currently on schedule for completion by June 1, 20071 YES NO
(If No, please explain any problems encountered and/or possible delays)
Project Manager
Date
Page 1 of 1
ltf- ..,.
.- . ~
,;;-V
ATTACHMENT F
Florida Fish and Wildlife Conservation Commission
Florida Boating Improvement Program
620 South Meridian Street
Tallahassee, Florida 32399-1600
INVOICE
Date:
FWC Contract #:
Remit payment to:
Grantee:
Address:
City, State:
Zip:
FEID#:
GRANT REQUEST
Cost Item Applicant Other FBIP Grant TOTAL
Planning/Design $ $ $ $
Implementing $ $ $ $
Other: $ $ $ $
Total Hard Funds $ $ $ $
Amount of Grant Award: $
PROJECT COSTS
Cost Item Amount
Planning/Design $
Implementing $
Other: $
Total Costs: $
Grantee Matching Funds: $
Amount for Reimbursement: $
I hereby certify that the above costs are true and valid costs incurred in accordance with the project
Agreement, and that the matching funds, in-kind or cash, were utilized toward the project in this
Agreement.
Signed:
Project Manager
Date:
16D4
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF MARCH 17, 2008.
16El
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF MARCH 17,2008.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 F
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should he hood delivered 10 the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's silmllture, draw a line throu2\1 routin~ lines # I throu/dI #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin~ order)
1.---------------------------------
2. .---------------------------------
3. .---------------------------------
4. .---------------------------------
5. Sue Filson, Executive Manager Board of County Commissioners C:~ , ):;3)t)!
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bec approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BeC Chairman's signature are to he delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Artie Bay Phone Number 530-6285
Contact
Agenda Date Item was 1/23/06 Agenda Item Number 16F I
Approved by the BCC
Type of Document Request for permit renewal and pennit Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ssibl State Officials.)
AU handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other ies exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
si tore and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
Tbe document was approved by tbe Bee on_] 123/07 (enter date) and all
changes made during tbe meeting have been incorporated in the attacbed document.
Tbe Coun Attorne's Office bas reviewed the chan es, if a licable.
Yes
(Initial
N/A (Not
A licable)
2.
3.
4.
5.
6.
CJ1~C_
Cl~
nla
c.~
nla
c~
I: Forms! COIDIty Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
. '-.-,_.__..;""".~.,"_.~;,.._"J.m"""""".'.""..,'"...'...'...iIl.;_~,'w."'.j',."'.',"'"..,.....,"".."~',,".. ",,- .", ..,..,.~""",....;"'''''"";_"".,''"'''.,...'',H."._''''''..;,l.._...''''',_...''.u..",'"~."..__~..,............_.....'"...,..,.__...._,~_._'"
MEMORANDUM
Date:
January 24, 2007
To:
Artie Bay
EMS, Operations Analyst
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Request for Permit Renewal and Permit
Enclosed please find one original copy of the above referenced document
(Agenda Item #16Fl), approved by the Board of County Commissioners on
Tuesday, January 23, 2007.
If you have any questions, please call me at 774-8411.
Thank you.
Enclosures (1)
16Fl
16F 1
!
COLLIER COUNTY FLORIDA
Renewal of Class "B" COPCN
Name of Service: NCH Ambulance Services
Name of Owner: NCH Healthcare System
Principle Address of Service: 2157 Pine Ridge Road, Naples, Florida
Business Telephone: (239) 513-7080
Description of Service: Intrafacility and out of county transport for the NCH Healthcare
System
Number of Ambulances: 3 Ground Units
See attachment for description of vehicles.
This permit, as provided by Ordinance No. 2004-12, shall allow the above named
Ambulance Service to operation intrafaci1ity and out of county transports for a fee or
charge for the following area(s): Collier County until the expiration date hereon, except
that this permit may be revoked by the Board of County Commissioners of Collier
County at any time the service named herein shall fail to comply with any local, state or
federal laws or regulation application to the provisions of Emergency Medical Services.
I)~I c\
.:;1-..' , day of
/)(
-::rOj\Lt~ \~\ ' 2007
BOARD OF COUNTY COMMISSIONERS
COUER~~N
Chai~
Issued and approved this
i ~
ATTEST:
Dwight~. Bro<;,.
Approved as to form and legal sufficiency:
[Ii ~ f2tvt /r1 ~f2M-;L
Assistant County Attorney
Ihoill "# 110 f-J
~~:)~~,dd jt32~~
L'(][e , \ ^ \"l:{\-
._~'j .
1L~,w_......".
Naples Campus
350 Seventh Street N.
Naples, Florida 34102
(239) 436-5000
NCH
Received
DEe 2 1 '2006
EMS Dept.
16F 1
.'i,d
--......
North Collier Campus
11190 Healthpark Boulevard
Naples, Florida 34110
(239) 513-7000
Healthcare
System
December 13, 2006
RECEIVED
Dan Summers, Director
Bureau of Emergency Services
Collier County, Florida
EMERGENCY MANAGEMENT
Subject: Renewal of Certificate of Public Convenience and Necessity for NCH Healthcare System
Ambulance Services Department.
Mr. Summers,
Pursuant to Collier County Ordinance 2004-12, please accept the following information for the renewal
of the required certificate for 2007.
1- NCH Ambulance Services is operated by: NCH Healthcare Systems, 350 7th Street North, Naples,
Florida, 34101 .
2- NCH Ambulance Services provides the NCH Healthcare System with interfacility and out of county
ambulance transports NCH Ambulance Services operates 3 State Licensed ALS Ambulances.
3- NCH Ambulance Services is located at: 2157 Pine Ridge Road, Naples, Florida,
4- Schedule of attachments:
1- Certificate of Liability Insurance.
2.. State of Florida Advanced Life Support License.
3- List of permitted ambulances.
4- Medical Director Documents.
5- Schedule of rates.
6- Check for $250.00 renewal fee
1- List of Officers and Trustees of NCH Healthcare Systems.
Thank you for your attention to this matter. Please call me if you need any additional information or
tlave any questions about this renewal
www.NCHmd.org
. Page 2
December 13, 2006
.1
Sincerely,
~C9- ~
David Mennini, Director
NCH Ambulance Services
239-513-7080 office
1
1 t~ ., J
Attachment # 1
r
..h.,
~
!I;'~
,
:;
M.
ACORD", CERTIFICATE OF LIABILITY INSURANCE Page 1 of 3 I DATE
12/12/2006
PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willi. North America. Inc. HOLDER. THIS CERTIFICATE noES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 305191
Na.hvil1e, TN 372305191 INSURERS AFFORDING COVERAGE NAIC#
- -
INSURED NeB Sealthcare By.t.... Inc. INSURER A: The Charter Oak Pire In.urance Co.oanv 25615-001
Attn. Daryl Kilpatrick INSURERB: Steadfa.t Insurance Co. 26387-001
PO Box 413029
Naples, rL 34101 INSURERC: Safe~Nationa1 Casualty COrDoration 15105-001
INSURER D: -
I INSURER E:
COVERAGES
THE POliCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOO INDICA TED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN9R Ano' TYPE OF INSURANCE POLICY NUMBER [~ LIMITS
~NERAL LIABILITY EACH OCCURRENCE $
- ~ERCIAL GENERAL LIABILITY ~~~l91'~~~nce\ $
- CLAIMS MADE D OCCUR MED EXP (Anv one person) $
- PERSONAL &ADV INJURY $
- GENERAL AGGREGATE $
~N'L AGG~n LIMIT APM PER: PRODUCTS-COM~OPAGG $
POLICY p'~PT LOC
A ~TOMOBtLE UA8lUTY P8108241A934COF06 10/1/2006 10/1/2007 COMBINED SINGLE LIMIT
$ 1,000,000
X ANY AUTO (Ea accident)
- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
-
~ HIRED AUTOS BODILY INJURY
$
~ NON-OWNED AUTOS (Per eccIdent)
- PROPERTY DAMAGE $
(Per eccIdent)
GARAGE UA8IlITY AUTO ONLY - EA ACCIDENT $
==l ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
B EXCESS UABlUTY HPC280706510 10/1/2006 10/1/2007 EACH OCCURRENCE $ 5 000 000
o OCCUR [i] CLAIMS MADE AGGREGATE $ 5 000 000
$
8 DEDUCTIBLE $
Y RETENTION $3 .000 .001 $
WORKERS COMPENSATION AND IT~nft.ltlfsl IO;rn-
EMPLOYERS' LlABIUTY
i ANY PROPRIETORIPARTNERJEXECUTIVE E.L. EACH ACCIDENT $
OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
~re~~~:M~NS below E.L. DISEASE - POLICY LIMIT $
C OTHER BP-1B60-FL 1.O/1t:.ilO06 1.0/'-1"200'7
Excess Workers $1,000.000. Bach Accident
Compensation ! $1,000.000. Bach Employee/Dis...e
I Lim.itB ar.. in _naaa ~f, ..cnn nnn
DESCRIPTION OF OPERATIONSIlOCATIONSIYI!HIClESIEllCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
BBE ATTACHED:
CERTIFICATE HOLDER
CANCELLATION
Agency of Bealthcare Admin.
~'~7 Mahan Drive, Ro~ ~13
Tallahassee, PL 32308
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAn. ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL
~E NO OBLIGATION OR LIABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTA'T1VE8.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2001/08)
Co11:1829617 Tpl:574821
@ACORDCORPORATION 1988
, willis CERTIFICATE OF LIABILITY INSURANCE Page 2 of 3 I DATE
12/12/2006
PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willi. North America. Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 30S191
Na.hville. TN 37230S191 INSURERS AFFORDING COVERAGE NAIC#
INSURED NCH aealthcare Sy.t.... Inc. INSURERI'.: The Charter Oak Fire In.urance C~any 2S61S-001
Attn: Daryl Xilpatrick INSURERB: Steadfast In.urance Co. 26387-001
PO Box 413029
Naple.. FL 34101 INSURERC: Safety National Ca.ualty Corporation lS10S-001
INSURER D:
I INSURER E:
" ,^,
J~ b 1
.....
DESCRIPTION OF OPERATlONSILOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
PROPBSSIONAL LIABILITY COVBRAGE - RBTRO DATE: 7/1/78
CARRIBR: STEAD PAST IHStJRANCB COMPANY
POLICY NUMBER: BPC280706510
BFPBCTIVB: 10/01/2006 TO 10/01/2007
$25,000,000 LIKIT OVBR SIR $3,000,000
umbrella liability is excess of Hospital Professional Liability with a Self-Insured retention of
$3,000,000 per claim, and General Liability with a Self-Insured retention of $1,000,000 per
occurrence/$3,000,000 Aggregate.
Coll:1829617 Tpl:574821 Cert:8246097
Page 3 of 3
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon.
If.t
'I.....,;,
7
~
ACORD 2S (2001/08)
Coll:1829617 Tpl:S74821 Cert:8246097
16 1
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Attachment #4
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American Heart ..
Association. V
Learn and Live.
ACLS Provider
Robert Tober, MD
This card certifies thet the above individual has successfully
completed the national cognitive and skills evaluations in
accordance with the curriculum of the American Heart Association
for the Advanced Cardiovascular Ufe Support Program.
10-04-2005 10-2007
Issue Oala
Recommended Renewal Dale
..
. ,.
Amencan Heart ..
Association. V
Fighting H.art 01..... and Stroke
ACLS Instructor
Robert Tober, MD
This card certifies that the ebove Individual lias successfully
completed the national cognitive and skills evaluations in
accordance with the curriculum of the American Heart Association
for the Advanced Cardiovascular Ute Suppol1 Instructor Program.
10-04-2005 10-2007
Issue Dale
Expirallon Data
1
1
.....
"
AHA
Region
Florida
Community
Tralnirig Center
Cleveland Clinic Florida Naples
Training
Site
CCF
Andrea Schultz
Instructor
=;~ $I' ;ZI;~
Cl2000 _ Heart Associallon T~ wIIh this ant... _its _ranee. 70-2920
70-2920 R6I04
AHA
Region
Florida
Community
Training Center
Cleveland Clinic Florida Naples
Training
Site
CCF
Andrea Schultz
Instructor
Holder's
Signatura
. 70-21121
~'
1
TOBER, ROBERT BOYD MD
NAPLES COMMUNITY HOSPITAL
350 7TH ST N
NAPLES
FL
33940 - 0000
11111...11.1.111111111111.1111111 1111111.11111111111
I CONTROLLED SUBSTANCE REGISTRATION CERTIFICATE
DEA REGISTRATION THIS REGISTRATION FEE UNITED STATES DEPARTMENT OF JUSTICE
NUMBER EXPIRES PAID I DRUG ENFORCEMENT ADMINISTRATION
I A T8302438 I , WASHINGTON, D.C. 20537
11-30-2008 PAID I
.' .
SCHEDULES BUSINESS ACTIVITY ISSUE DATE I
12,2N, . PRACTITIONER 11- 09-2005/ ,
.
.
3,3N,4,5 .
I
TOBER, ROBERT BOYD MD I Sections 304 and 1008 (21 U.S.C. 824 and 958) of the Controlled
NAPLES COMMUNITY HOSPITAL I Substances Act of 1970, as amended, provide that the Attorney
, General may revoke or suspend a registration 10 manufacture.
350 7TH ST N , distrlbute, dispense, import or export a controlled substance.
I
NAPLES FL 33940-0000 I THIS CERTIFICATE IS NOT TRANSFERABLE ON CHANGE OF
. OWNERSHIP, CONTROL. LOCATION. OR BUSINESS ACTIVITY.
I AND IT IS NOT VALID AFTER THE EXPIRATION DATE.
--------------------------------------------------------------------------
CONTROLLED SUBSTANCE REGISTRATION CERTIFICATE
UNITED STATES DEPARTMENT OF JUSTICE
DRUG ENFORCEMENT ADMINISTRATION
WASHINGTON. D.C. 20537
DEA REGISTRATION
NUMBER
I AT8302438
SCHEDULES
THIS REGISTRATION
EXPIRES
FEE
PAID
11-30-2008
PAID
BUSINESS ACTIVITY
ISSUE DATE
2,2N,
3,3N,4,5
PRACTITIONER
11-09-2005
:;-
:>
")
>.j
>.j
5
~
TOBER, ROBERT BOYD MD
NAPLES COMMUNITY HOSPITAL
350 7TH ST N
NAPLES
FL
33940- 0000
Sections 304 and 1008 (21 U.S.C. 824 and 9S8) of the
Controlled Substances Act of 1970, as amended,
provide that the Attorney General may revoke or
suspend a registration to manufacture. distribute,
dispense, import or export a controlled substance.
THIS r.FRTIFIr.ATF I~ NOT TRAN~I'"I'"RAl'l11'" 1"'\'" I"'I.H\"'~C: r\l:: "'A"""'''C''Uin "^............. . ~~.~.~.. __ _. ._.. .__ _ . __
ME 30891
CONTROL NO.
166912
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DePARtJ41ENTOF, H~L TH
. QIVISIQN <QFMJ:;.plcAL Ql.JACI;rY ASSURANCE
. . . .;. :.- ~ ..... .--:-. .." ." .. -.
OA TJ;
11/08/2005
{ ~
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. .
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IitCENSE NO.
he ~OICAL DOCTOR
amedbelow has met aU requirements of
leJawsand rules oftbe:~tate of Florida,
x~lratiqn Date: ..., JANUARY 31,2008
OBERT BOYD TOBER
TIN: N~H WOLJND HEALING CENTER
~oq. gAVI~;BLVD.
UlTE104 .
APLES, FL 34112
~...~......
.; .~
.. JE~SUS~.
GOVERNOR
~ ,...,....", j?(..P
M~Rony F{;;m;6Ts, M.D.; M,S,P,H" Ph,D.
SECRETARY
DISPLAYIFREQUIRED BY LAW
~
. EXPIRATION DATE: JANUARY 31, 2008
>ur license number is lIE 30891, please use it in all conespondence with your board /council. Each licensee is solely responsible for nOti.fyi.Dg the department in writing of
e licensee's current mailing address and practice location address. Use this sectioo to report name and/or practice location address and/or mailing address changes. If you
we not received your renewal notice 90 days prior to the expiration date shown on this license, please call (850) 488-0595.
llIle changes require legal documentation showing the name change. Please make sure that a photocopy of one of the following accompanies this form: a marriage license, a
vorce decree or a court order. A driver" UceJUle or social security cud Is not considered legal doc1UllllJltatlon.
edical Quality Assurance offers you the convenience of several online services. These services give you the ability to renew your license, update your mailing and practice
cation addresses ~d update your profile information.
1. Go to _.DOH-~rvlces.c:om
2. Choose one of the licensee services
3. Select your profession
4. Enter the account ID and password here (Account m and PasswOld are case sensitive) Account lD: tobcl1'Ob Password: c2Cl4caEr
, request a duplicate license, submit this form and a check or money order, payable to the DEPARTltENT OF HEALTH. in the amount of $25.00.
)w that you have your license, make sure you keep it Go to www.4ah.state.f1.us/maa/avolcl..html to find out more.
AIL TO: DEPARTMENT OF HEALTH
DIVISION OF MEDICAL QUALITY ASSURANCE
LICENSURE SERVICES
P,O, BOX 6320
TALLAHASSEE, FLORIDA 32314-6320
NAME CHANGE (ATTACH LEGAL DOCUMENTATION
ROM:
LAST ARST MIDDLE
o PRACTICE LOCATION ADDRESS CHANGE
(This address will be printed on your license and posted on the Internet.)
1<lTY STATE
U MAILING ADDRESS CHANGE
(This address will be used when mailing your license and for all other
correspondence from the Department.)
ZIP
0:
LAST ARST MIDDlE
!"t~1.,o~!-5!~~ __ __ __ _n __ _ _~____ ______n__n__ _ ___ __ ______ __~~~ __ _ _ _ __
STATE
ZIP
1 (1 J
Attachment #5
Naples Campus
350 Seventh Street N.
Naples, FL 34102
(239) 436-5000
NCH
16':- 1
North Collier Campus
11190 Healthpark Blvd.
Naples, FL 34110
(239) 513-7000
:~Ithcare ------
System
From: NCH Healthcare System, Ambulance Services
To: Collier County Board of Commissioners
Date: December 11,2006
Subject: NCH Ambulance Charges
Below, please find the current charges for transport by NCH Ambulances. Please be
advised that these charges are at the same rate as 2005.
280020-9 NCH BLS Transport A0429 500.00
280030-8 NCH ALS2 Transport A0433 600.00
280040-7 NCH ALSl Transport A0426 525.00
280050-6 NCH ALS 1 Transport A0427 550.00
280070-4 NCH BLS Transport A0428 515.00
Attachment #6
,'/ ',' ,:,.-~:''-"{., -";-i. ' ,,' ';', "'~:'.:::' ~
<.....}iW;OESCRIP:I"I()N... ....
>,"" -"t,;:,"'" '_;~,_ '. ""', ...._-.- ,,' ,.-!.., ,- ,-, ,. .
12/04/06 12/04/06:LIC
VENDOR NAME. COLLIER COUNTY BOARD OF C 1 6
12/14/2006 VENDOR NO. 39577 CHECK NO. 1020054130
)~~~~~:~t,JQt'~~~~l~)j~.#::
100 62378355 004093 250.00 .00 250,00
1
NCH HEAL THCARE SYSTEM, IHC
CHECK DATE.
.
TOTAL
********250.00
.
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,:':'.:',,-,-:":':.:- rVnw' .:.I..:..;......C.... ..... -'. .' ;-';-~~I{'P.F;:AMERICA
NCH HEAL THCAt<E ~;;; .~.~~~N . ......... ..... 63-4
PO BOX 413001 >.....'.. ... ... 630
NAPLES, FLORIDA 341.?1-~:OOl' .... ..:. . .... ...... .......: .'. :.i.
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....................::..::.:.......::.:.< ......i ............/ .:. .......:.>. ... . .,/<. '.::*!.*,*if*~~~ i~o. QOV
~PAva;;r-r1FDD
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......TJQ...~P~P.:.Fl~~..~o~tJ\~S...~NI1.:OO...~ENTS .........+.. :........
PAY TO THE
ORDER OF:
COLLIER COUNTY BOARD OF COUNTY 39577
COMMISSIONERS
COLLIER CTY COURTHOUSE COMPLEX
NAPLES FL 34112
..~ -'&~) ~61.
<J..'........:.....~.................................:,t.' .........~.. . ......... ......... '...............
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II- .0 200 5 ~ . :lOll- 1:0 b :l0000 ~ 71: 00550050555011-
16 . J
Attachment #7
- Officers & Trustees
NCH
.,>,;:,j?f.#<~~,"Ir^" :~
~
Sys18n
About Us
Related Pages:
~ Bienvenido
~ Willkommen
~ Our Mission & Vision
~ History
~ Award-Winning Care
~ The NCH Health~are
System Foundation
~ Volunteers
~ Annual Reports
~ 990 IRS Tax Forms
Helpful Info:
~ Maps of NCH
~ Telephone Numbers
~ Find a Doctor
Quick Links:
I Select: ..:::.1
Naples Community Hasp.
350 7th Street North
Naples Fl.. 34102.
(239)436-5000
North Collier Hasp.
11190 Health Park Blvd.
Naples FL 34110
(239)513-7000
1~\
"'4
.1
Page 1 of4
NC
lBJ!~~:1
Home ~ About Us ~ Officers & Trustees
'.:r:J Print thi~
Officers & Trustees
The NCH Healthcare System
~ NCH Healthcare System
~ NCH Naples Hospital Inc.
~ Marco Healthcare Center
~ Isabel Collier Read Healthpark
~ Diagnostic Services, Inc.
~ Ambulatory Surgical Care, Inc.
~ Community Home Care, Inc.
~ Gulf Coast Linen Services, Inc.
~ Health Resources Corporation
" DSI Labs
BOARD OF TRUSTEES 2006-2007
NCH HEALTHCARE SYSTEM, INC.
NCH NAPLES HOSPITAL, INC.
CORPORATE OFFICERS
'. \
Carl E. Westman
Chairman
Richard M. Roland,
M.D.
2nd Vice Chairman
Richard J. Cem
SecretaryjTreasl
Stephen L. Schwartz
1st Vice Chairman
Allen S. Weiss, M.D.
President & CEO
James A. Warnken
Asst. Treasurer
Asst. Secretary
Cooper, Kevin
VP & General COt
TRUSTEES
http://www .nchmd. org/ default. aspx?id=487 &link=navmenu
11/17/2006
~ Officers & Trustees
Elizabeth Allen
Paul Dernbach,
M.D,
Ellin Goetz
Scott Lutgert
John Morrison
Edwin Stedem
Return to Top
Jay Baker
Linda Flewelling
Thomas R. Grady,
Nelson Maldonado,
M.D.
Joseph 1. Perkovichtd>
Fritz Harrington, M.D,
MARCO HEALTHCARE CENTER
Corporate Officers
http://www .nchmd.org/ default. as p x ?id=48 7 &link=navmenu
,1 (Z,',
~~j
..,,~
Richard S. Bodman
LaVerne C. Franklin
Robert Lanigan
Paul Marinelli
Rabbi James Perman
Page 2 of4
Susan Daltor
Sandy GrieVE
Arnold Lerne
Gerri Moll
William Bindle
11/1712006
~ Officers & Trustees
Allen, Elizabeth Chairman
McGregor, James 1st Vice Chairman
Kurtzman, Paul 2nd Vice Chairman
Diaz, AI 3rd Vice Chairman
Stolee, M,D., Thomas Secretary
Weiss, M.D., Allen President & CEO
Warnken, James Asst. Treasurer
Asst. Secretary
Cooper, Kevin D. V,P. & General Counsel
Trustees
Adams, Richard G,
Burkhart, Joseph
Fenelon, David
Fuson, Palma
Kappauf, Melody
LaLonde, Elizabeth
Lucchese, Alphonse
Merriam, Allen "Skip"
Morris, William G.
Patterson, John L.
Saco, Yvette
Tseckares, Socrates
Tellinghuisen, Barbara
Wood, Brooks
Return to Top
COllIER HEALTH CARE, INC. d/b/a
THE ISABEL COLLIER READ IMMOKAlEE HEALTH PARK
BOARD OF TRUSTEES - 2006-2007
Corporate Officers
John N. Briggs, M.D. Chairman
Allen S. Weiss, M.D. Chief Executive Officer/President
James A. Warnken, CFO/Assistant Treasurer
Assistant Secretary
Trustees
Denise L, Blanton
William G. Crone
James W. O'Quinn
Stephen Price
Isabel Collier Read
Dana Scofield
Return to Top
HEALTH RESOURCES CORPORATION
AMBULATORY SURGICAL CARE, INC.
COMMW.:TY HOME CARE, INC.
COMMUNITY IMAGING, INC.
GULF COAST LINEN SERVICE, INC.
DIAGNOSTIC SERVICES, INC
BOARD OF DIRECTORS- 2006-2007
Corporat~ Officers:
http://www .nchmd, org/ defaul t. as p x ?id =487 &link=na vmenu
16
1
Page 3 of 4
11/1712006
- Officers & Trustees
1l6.,
Page40f4
Carl E. Westman Chairman
Stephen L, Schwartz 1st Vice Chairman
Richard M. Roland, M.D, 2nd Vice Chairman
Richard J. Censits Secretary/Treasurer
Allen S, Weiss, M.D, CEO/President
James A, Warnken Asst. Treasurer
Asst. Secretary
Kevin D. Cooper V,P. & General Counsel
Directors:
Baer, Daniel
Baker, Jay
Bindley, William
Dernbach, M.D., Paul
Flewelling, Linda
Gazdic, Thomas
Gill, Daniel
Lerner, A'llold
McCormack, M.D., Debra
Morrison, John
Perkovich, Joseph
Stedem, Edwin
DSI LABS
Corporatp. Officers:
Carl E. \','stman Chairman
Stephen L. Schwartz 1st Vice Chairman
Richard r.1. Roland, M.D. 2nd Vice Chairman
Richard J, Censits Secretary/Treasurer
Paul Gotcher CEO
Chuck Mnrris CFO
James f.\,'/arnken Asst. Treasurer
Directors:
Baer, Da:'iel
Baker, Jay
Bindley, William
Dernbach, fvJ.D., Paul
Flewellir' , Linda
Gazdic, T! 'mas
Gill, DOll.',
Lerner, Alllold
McCorln,lck, M.D., Debra
Morrisoll, John
Perkovicl,. Joseph
Stedem, l'lwin
Retu Top
OUR VISION: is
FiNfO.ST lNTEGH,I\'rrtD ~'iCALTt1CARC SYSTEM!N HE UNITED STATES
Hon,,;
Acc~";'s~';
Us I News & Events I Find a Job I Patients & Visitors I Services i Helpful Links
dine i Site Map i Privacy Notice I Website Privacy i Disclaimer I Contact Us
(c)2006 NCH HEAL THCARE SYSTEM
http://www.nchmd,org/defau It. :!:;.~ '( ?id=487 &link=navmenu
11/1712006
16F1
Approved by BCC 1/23/07, Agenda Item 16Fl
EXECUTIVE SUMMARY
Recommendation to approve a Certificate of Public Convenience and Necessity for NCH
Healthcare System for non-emergency ambulance service and approve a budget
amendment recognizing and appropriating the $250 annual renewal fee.
OBJECTIVE: Board of County Commissioners approval of a Certificate of Public
Convenience and Necessity for NCH Healthcare System, authorization for the Chairman to
execute the same and approval of a Budget Amendment to recognize and appropriate the $250
annual renewal fee.
CONSIDERATIONS: NCH Healthcare Systems currently operates non-emergency ambulance
transport under a Certificate of Public Convenience and Necessity. Collier County Ordinance
No. 2004-12 requires that NCH Healthcare Systems annually renew its original Certificate of
Public Convenience and Necessity and pay a $250 fee. Further, the renewal certificate may be
approved routinely by the Board of County Commissioners upon advice of the Administrator.
FISCAL IMPACT: $250 to be recognized and appropriated by Budget Amendment to EMS
Fund 490 for FY07.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this action.
RECOMMENDATION: That the Board of County Commissioners:
I. Approve the Certificate of Public Convenience and Necessity for the NCH Healthcare
System.
2. Authorize the Chairman to execute the same.
3. Approve a Budget Amendment to recognize and appropriate the $250 annual renewal
fee.
PREPARED BY: Jeff Page, Chief, Emergency Medical Services
I6F!
COLLIER COUNTY FLORIDA
Renewal of Class "B" COPCN
Name of Service: NCH Ambulance Services
Name of Owner: NCH Healthcare Svstem
Principle Address of Service: 2157 Pine Ridge Road, Naples, Florida
Business Telephone: (239) 5\3-7080
Description of Service: Intrafacility and out of county transport for the NCH Hcalthcare
System
Number of Ambulances: 3 Ground Units
See attachment for description of vehicles,
This permit, as provided by Ordinance No, 2004-12, shall allow the above named
Ambulance Service to operation intrafacility and out of county transports for a fee or
charge for the following areaCs): Collier County until the expiration date hereon, except
that this permit may be revoked by the Board of County Commissioners of Collier
County at any time the service named herein shall fail to comply with any local, state or
federal laws or regulation application to the provisions of Emergency Medical Services.
rp.:\
,7'-') day of :Ill \\\.\~\ ',I,
._1
BOARD OF COUNTY COMMISSIONERS
COLIER COlftjTY, F OR
,/ "
"./ ,"- ;'
Issued and approved this
,2007
., ~(
<
':'(1';; 1 (.~':.;;-n s
on /.
Chai
I.::,; ,'"
Approved as to form and legal sufficiency:
(jJC~ lr1 J11A2M.JL
Assistant County Attorney
16Fl
Memorandum
Date:
April 5, 2007
From:
Sue Filson, Executive Manager
Artie Bay, Operations Analyst, EMS ~
Certificate of Public Convenience and Necessity for Naples
Community Hospital
To:
Subject:
Sue, before Barbara Brown retired, she had prepared the annual renewal of the above to
take to the BCC. Unfortunately, while the permit was prepared and signed, the actual
certificate was not included,
We have prepared the certificate and would appreciate if Commissioner Coletta would
sign it and you could send it over to Minutes and Records to be recorded. Also, would
you ask them to call me to pick it up once they have recorded so we can get it to the State
as soon as possible, My phone number is 530-6285.
Thank you so much for your help on this and I apologize for any inconvenience this may
have caused.
Emergency Medical Services
16F2
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF MARCH 17, 2008.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 f-3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines # 1 through #4, comolete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
--
2.
-
3.
---
4.
--
5. Sue Filson, Executive Manager Board of County Commissioners eM- ;/T5/D 7
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved by the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Number of Original
Documents Attached
11)Lf~-~(JD6
lli 1=' ::?)
I
Yes
(Initial)
N/A (Not
A licable)
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on ." "D (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
c~-
~
QJ"~-
C\~V-
(\ ~-j'
\,-./
(ff~/
\....-
Cff/
2.
3.
4,
5,
6.
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16 '- '''<1
l' j
MEMORANDUM
Date:
January 24, 2007
To:
Christine Chase
Emergency Management
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Grant Application
Enclosed please find one (1) original document, as referenced above,
(Agenda Item #16F3), approved by the Board of County Commissioners on
Tuesday, January 23, 2007.
If you should have any questions, please call 774-8411.
Thank you.
Enclosure(2)
16
2
:;
ITEM NO.:
FlLE NO.:
ROUTED TO:
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DATERECEIVE,D;''';'< ,-,
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REQUEST FOR LEGAL SERVICES
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TO:
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Tom Palmer, Assistant County Attorney
Robert Zachary, Assistant County Attorney
Kay Nell, Certified Legal Assistant
DATE:
FROM:
Marlene Foord, Gr~ Coordinator, 774-8971
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RE:
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Review of Grant AppliC!!!9n - lille of grail! prqject w(~1 grant program
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BACKGROUND OF REQUEST: The attached grant includes documents that require the signature
of the Chainnan of the BCe. The grant is scheduled for Bee approval on if '~. \'"3. -;- 4. c:~~=
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This item ~~nfc~:9~ been previously submitted under RLS It.
ATTACHMENTS: Inclllde the executive SIlmmary, grant application (even if in draft form, but
make sure all pages that req"ire signature tlI'e FINAL), transmittal letter if applicable, and all
other documents requiring the Cludmuut's signature or that require other legal review. Be SIlre to
add a SIGN HERE sticker to eoeh 40cIlment that needs signature.
1. Grant Application
2. Executive Summary
3,
4.
ACTION REQUESTED: Please provide legal review of the attached tille if ,f!:f"Clfl! pn!jec! and
gnml program.
DOCUMENTS THAT REQUIRE BCC CHAIRMAN'S SIGNATURE: (explain any specific
instructions or requirements).
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2.
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COMMENTS: This item is scheduled for tlie~:':~ fS.1 tS!:) " Board Meeting, Tom Palmer,
Assistant County Attorney will be added as an Approver for this item in Novus.
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Original documents will be delivered by'X., '1_ '::.{' (\~ " '" \.
16
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EXECUTIVE SUMMARY
Recommendation to approve the submittal of the attached Emergency Management,
Preparedness and Assistance (EMPA) Competitive Grant Application to the Florida
Department of Community Affairs in the amount of $24,200.
OBJECTIVE: To approve the grant application aimed at supplementing the funding
necessary for public outreach and education for Collier County in English, Spanish, and
Creole and the enhancement of the Immokalee Multi-Agency Coordination Center Public
Information (ESF -14) capabilities.
CONSIDERATIONS: Each year the Florida Department of Community Affairs,
through its Department of Emergency Management, holds a competitive grant
opportunity for projects which further state and local emergency management objectives.
Applications must meet one of the four priority areas outlined in the Notice of Funding
Availability (public education, coordinate emergency relief efforts, improve training and
operations and/or projects which address community emergency preparedness), and be
for $200,000 or less, in requested funding.
The planned public outreach program, which includes improving public education on
emergency and disaster preparedness in multiple languages and the enhancement of the
Immokalee Multi-Agency Coordination Center ESF-14 capabilities post-disaster relief
and recovery, meets several of these grant criteria and is considered a good candidate for
funding.
FISCAL IMPACT: If approved this grant would reduce the costs associated with
equipping a section of the Immokalee Multi-Agency Coordination Center and enhance
public outreach by reducing costs to provide the public with materials for disaster
preparedness guidance,
GROWTH MANAGEMENT: None
RECOMMENDATION: To approve the submittal of the EMPA Competitive Grant
Application to the Florida Department of Community Affairs in the amount of $24,200
and to authorize the County Manager, or designee, to submit the grant application for
funding,
PREPARED BY: Jaime Sarbaugh, Bureau of Emergency Services Public Information
Coordinator
Table of Contents
Tab 1
Emergency Management
Competitive Grant
Tab 2
Grant Application and Title Page
Tab 3
Proposed Budget
Tab 4
Examples of Similar Projects
16 F'3
16 '~3
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE
TRUST FUND
EMERGENCY MANAGEMENT COMPETITIVE GRANT
AND MUNICIPAL COMPETITIVE GRANT
APPLICATION PACKET
JUL Y 2005 VERSION
FORM #008
16F3
- IMPORTANT-
$ BEFORE PREPARING YOUR APPLICATIONS FOR SUBMISSION, THOROUGHLY
READ THIS ENTIRE APPLICATION PACKET AND RULE CHAPTER 9G-19, FLORIDA
ADMINISTRATIVE CODE
$ SUBSTANTIAL CHANGES HAVE BEEN MADE TO THE FORMAT OF THE
APPLICATION AND RULE CHAPTER 9G-19, FLORIDA ADMINISTRATIVE CODE
$ IF APPLICABLE, ARC 4496 MUST BE SUBMITTED WITH APPLICATION.
$ APPLICATIONS MAY BE SUBMITTED THROUGH THE INTERNET AT THE
FOLLOWING WEBSITE:
EMP AlalDCA.ST A TE.FL.US
NOTE: APPLlCA nONS SUBMITTED VIA INTERNET MUST BE SUBMITTED
THREE DAYS PRIOR TO THE PUBLISHED DEADLINE DATE.
$ APPLICATIONS MAYBE OBTAINED FROM THE INTERNET AT:
www.f1oridadisaster.or2lcos/erants.htm
· PRELIMINARY SCORES AND RESULTING RANKINGS WILL BE POSTED TO THE
DEM WEBSITE AT www.floridadisaster.or2lcos/erants.htm
· FINAL SCORES AND RESULTING RANKlNGS WILL BE POSTED TO THE DEM
WEBSITE AT www.f1oridadisaster.or2lcps/e:rants.htm
16'3
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST FUND
Competitive Grant Application Packet
Section I
T ABLE OF CONTENTS
Page
Programs/Categories Available and Eligible Applicants
Section II
2
Section III
General Information Regarding Application Submission
3
Section IV
Proposed Project Presentation and Scoring Criteria Summary
5
Scoring Point Range and Detail of Criteria
Section V
12
Section VI
Application Organization and Format for Submission
Selection Procedures
13
Section VII
Attachments
Procedural Deadlines
14
1.
2,
3.
4,
Title Page Format
Project Budget Fonnat
Project Budget Example
Expenditure Category Definitions
15
16
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SECTION I
16FJ
PROGRAMS/CATEGORIES AVAILABLE
ELIGIBLE APPLICANTS
PROGRAMS:
Pursuant to Rule Chapter 9G-19, Florida Administrative Code, the Emergency Management Competitive
Grant Program and the Municipal Competitive Grant Program make funds available annually to eligible
applicants for one-time projects that will further state and local emergency management objectives.
Project submissions must be designed to be completed within a time frame of 12 months.
I. EMERGENCY MANAGEMENT COMPETITIVE GRANT PROGRAM (General) - provides
competitive grants to state or regional agencies, local governments, and private non-profit
organizations to implement projects that will further state and local emergency management
objectives. Eligible applicants may submit multiple applications, however, no single application
shall seek or receive an award in excess of the amount established annually by the Division in a
Notice of Fund Availability and published in the Florida Administrative Weekly. All eligible
applicants, with the exception of counties, shall be limited to no more than three (3) application
submissions in an application cycle.
2. MUNICIPAL COMPETITIVE GRANT PROGRAM - provides competitive grants to
municipalities that are legally constituted, have an authorized, established, and maintained
emergency management program, and have signed the current Statewide Mutual Aid Agreement
(SMAA) and supplied all required infonnation and documentation such that the SMAA
agreement is ready to be signed by the Division as of the date of the application deadline. Each
Municipal Emergency Management Program applicant may apply for one competitive grant. The
maximum award amount will be established annually by the Division in a Notice of Fund
Availability and published in the Florida Administrative Weekly.
APPLICATION CATEGORIES:
Applications are accepted in the following four categories under both programs:
I . Projects that will promote public education on disaster preparedness and recovery issues.
2. Projects that will enhance coordination of relief efforts of statewide private sector organizations,
including public-private business partnership efforts,
3. Projects that will improve the training and operations capabilities of agencies assigned lead or
support responsibilities in the State Comprehensive Emergency Management Plan.
4. Other projects that will further state and local emergency management objectives which have
been designated by the State of Florida as priorities in the applicable Notice of Fund
Availability .
NOTE: Priority points are available for applications submitted under this Cateeorv onlv.
SECTION II
GENERAL INFORMATION REGARDING APPLICATION SUBMISSION
16 "'}
I. Application packets and copies of the current Notice of Fund Availability and the applicable
Florida Administrative Code (F ,A.C,), Rule Chapter 9G-19 may be obtained from the Division
of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100,
Attention EMPATF Program, or from the current Internet site,
2. All applications must be no more than 15 pages, complete, accurate, and legible when submitted
and must meet the requirements detailed in Rule 9G-19.008(8), F ,A,C. or they shall be rejected.
3. If a hardcopy of the application is submitted, it should be securely bound in a folder appropriate
for the size of the application.
4. If a hardcopy of the application is submitted, an original and five (5) copies of the application
must be received. The original must be labeled "Original" and must contain an original
signature in ink of the authorized official as specified in Rule 9G-19.008(7), F.A.C. If
submitting an application on-line, one copy in Microsoft Word or WordPerfect format must be
submitted no later than three (3) days prior to the published application deadline date.
5. To complete the on-line application process, the Department must receive a hard copy of the title
page with original signatures by the published application deadline date. Also, applications will
be accepted on a 3 1/4" diskette or compact disk no later than three (3) days prior to the
published application deadline date. The Department must receive a hard copy of the title page
with original signatures by the published application deadline date for applications submitted on
3 1/4" diskettes or compact disks.
6. A municipality may submit only one application per funding cycle under the Municipal
Competitive Grant Program. If more than one application per municipality is received by the
Department under that program, the one with the earliest post mark or, in case of deliveries made
by courier, the earliest time/date log-in stamp will prevail.
7. Applications must be received by the Department of Community Affairs, Division of Emergency
Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, Attention:
EMPATF, by 4:00 p.m. Eastern Time on the date noticed in the Florida Administrative Weekly.
If submitting on-line the file must be transferred to the Division at EMPA@DCA.STATE.FL.US
by 4:00 p.m. Eastern Time three (3) days prior to the date noticed in the Florida Administrative
Weekly.
8. Facsimile transmissions will not be accepted.
9. Eligible applicants desiring a technical review of their applications prior to the application
deadline must comply with Rule 9G-19.008(5), F.A.C. The application must be submitted with
an original that is clearly marked and five (5) copies. Applications received after the technical
review deadline (minimum 21 days prior to the application deadline) will not be eligible to
receive a technical review. The application submitted for technical review must be in its final
version.
10. All applications must be submitted not later than 4:00 p.m. Eastern Time on the date of the
published application deadline date. With the exception in paragraph (e) of Rule 9G-19.008(5),
F.A.C., no application may be amended, added to, or otherwise modified after 4:00 p.m. Eastern
time on the date of the published application deadline, other than to provide clarifying
information as requested by the Division.
2
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SECTION III
PROPOSED PROJECT PRESENTATION
and SCORING CRITERIA SUMMARY
INSTRUCTIONS:
All points awarded will be based on information provided in this section and detailed ;n Section IV.
The information is to be presented in narrative form, and MUST address all six (6) of the scoring
criteria areas as grouped below. Since the project application is to be presented as a single narrative
rather than in a question/answer format, flexibility is provided to the Applicant in presenting the
information, e.g., the Applicant need not repeatedly detail the description of the project in order to
address individual criteria areas; or, criteria area #1 may be discussed in combination with #1, de. As
long as all criteria are clearly identified, grouped as shown below andfully addressed, the presentation
style of the narrative is the Applicant's choice. The narrative should be concise and to the point, but
no more than 15 page$ may be used for the entire application.
Shown on the left of each scoring criteria area, is the maximum number of points that may be awarded
for that specific criteria area; this score information is not to be included in the application narrative,
but is provided here for your information purposes only. The scoring criteria listed below is presented
only as a brief summary statement of the more detailed information that is required in the submission.
Each of these 6 areas should be clearly andfully addressed in the project presentation narrative.
Explicitly detailed information on the full range of points that may be awarded for every scoring
criteria listed is provided in Section IV of this packet. Careful attention must be paid to the guidance
in Section IV, so that the application includes all the information necessary to ensure receipt of the
maximum number of points possible. Failure to clearly address any of the eight required criteria areas
will result in the scoring of zero (0) points for each of the criteria not addressed.
MAX PTS.
SCORING CRITERIA SUMMARY
Group I. Description of Need, Proposed Solution, and Expected Benefits
150
1.
Clearly identifY, describe and docwnent the emergency management need or
problem, provide an in-depth explanation of the project, and show how it meets
the need/solves the identified problem. If applicable, clearly link the emergency
management need to the priority issue area(s) contained in the current Notice of
Fund Availability (NOF A);
75
2.
IdentifY and demonstrate long- and/or short-term tangible benefits of this project
coupled with the availability of resources necessary to continue the project; and
identifY the number of emergency management personnel whose emergency
management needs will be directly benefitted by the project.
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Group II. Collateral Information for the Project
100
3.
Clearly describe the project's consistency with the State Comprehensive
Emergency Management Plan and any applicable local plans;
100
4,
Describe why this particular method or approach to solving the problem was
chosen over other available alternatives. Include a proposed budget for the
project and describe how it is necessary and appropriate to the scope of the
project. NOTE: A SPECIFIC FORMAT IS REQUIRED FOR THE BUDGET
DETAIL (SEE ATTACHMENT 2 OF THIS PACKET);
50
5,
IdentifY Applicant's matching funds, either cash or in-kind and include
supporting documentation;
25
6.
Provide evidence ofthe abilities and qualifications of those persons
proposed to work on the project if funded.
500 maximum total points
Tiebreaker - Answer the following two questions:
I) Has the Applicant's jurisdiction been impacted by an environmental clean-up initiative?
If so, describe the initiative and its impact on the Applicant.
2) Is the Applicant located in a Front Porch Community? If so, please describe the location.
After completing the narrative, use the above information as a "check list" to review the
application. To ensure the maximum points, be certain the application contains a clearly identified
and thorough discussion (as described in Section IV of this packet) of every scoring criteria area
contained in the above.
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SECTION IV
SCORING CRITERIA DETAIL
General: The following infonnation is to be used for fully developing the project presentation,
Individual review committee members score each application independently of each other, often resulting
in a range of scores for the same application. Reviewers may award a point score anywhere within the
point range for the criteria being addressed. The specific point awards discussed in this section are
provided to serve as benchmarks.
1. Clearly identify a demonstrated state or local emergency management need and explain how
this project will address it. If applicable, identify which emergency management priority, as
identified in the Notice of Fund Availability, the project addresses. Clearly link the project
to the priority. (Maximum score 150 points)
Identify any demonstrated state or local emergency management need that will be addressed by the
proposed project. Reference documentation identifying and describing the need. Indicate whether the
need is identified by statute, rule, plan or other legal requirement. Copies of the statute, rule, plan or
other legal requirement will need to be referenced as appendix items to be submitted at a later date. If the
need is not identified by statute, rule, plan or other requirement, explain how this need was detennined.
Explain what the proposed project is and describe the extent to which the proposed project will address
the demonstrated state or local emergency management need. Identify the expected result or
improvement in emergency preparedness, response, recovery or hazard mitigation.
50 points - state or local emergency management need to be addressed by the proposed project is clearly
and succinctly identified; support confirming the need is properly identified; application clearly,
succinctly and rationally explained in depth what the project Is and how and why the proposed project
will address the emergency management need; application clearly, succinctly and rationally identifies a
certain and credible positive effict on, or improvement in, emergency preparedness, response, recovery
or hazard mitigation;
15 points - state or local emergency management need exists but is incompletely identified or
incompletely supported; application provides an explanation of how or why the proposed project
addresses the need, but the explanation is incomplete; application identifies a plausible and probable
positive effict on, or improvement in, emergency preparedness, response, recovery or hazard mitigation;
o points - no state or local emergency management need is identified; the identified need is not supported
or confirmed; application fails to explain how or why the proposed project will address the emergency
management need; project will not have a positive effict on, or improve, preparedness, response,
recovery or mitigation;
Include in the above portion of the narrative, if applicable, identification ofthe particular emergency
management priority, or priorities, to be addressed by the proposed project. The priorities must have
appeared in the relevant Notice of Fund Availability. If the project will address more than one priority,
identify each priority addressed. Explain how and why the proposed project meets the identified priority,
If the proposed project is intended to address a need designated as a priority, clear linkage between the
priority need and the proposed project must be demonstrated.
5
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J 00 points - emergency management priority to be addressed by the proposed project is clearly and
succinct identified; application clearly, succinctly and rationally explains how and why the proposed
project will address the emergency management priority; application clearly, succinctly and rationally
identifies a certain and credible positive effect on, or improvement in, the area identified as an emergency
management priority;
50 points - emergency management priority exists but is incompletely identified; application provides an
explanation of how or why the proposed project addresses the priority, but the explanation is incomplete;
application identifies a plausible and probable positive effict on, or improvement in, the priority identified;
o points - no emergency management priority is identified; the identified priority is not supported or
confirmed; application fails to explain how or why the proposed project will address the emergency
management priority; project will not have a positive effict on, or improve, the area identified by the
emergency management priority,
2. Identify the immediate tangible emergency management benefits (short-term projects, i.e. -
12 months or less in duration), or, reasonable expectation oflong-term emergency
management benefits coupled with the availability ofresources (other than this grant
amount) to continue implementation of the project past the term of the award (long-term
projects, i.e. - duration of longer than 12 months). Also, identify the number of emergency
management organizations or the targeted population area whose emergency management
needs will be directly benefitted by the project. [Maximum score 75 points)
Each application must indicate whether the project is either a short-tenn project, long-term project, or a
combination. If a combination, then the application must clearly indicate both short and long tenn
emergency management benefits, and how the proposed project will achieve both types of benefits. If the
application indicates that the project has benefits which are short-tenn, long-tenn or both, and the
applicant fails to clearly and plainly indicate such benefits, the scoring will so reflect.
Describe the specific emergency management benefits, both direct and indirect, of the proposed project.
Indicate whether the proposed project will provide tangible, immediate benefits that will further state or
local emergency management objectives. If so, identify the specific benefits, and the specific emergency
management objectives. Identify any long tenn benefits to these emergency management objectives.
Indicate the expected commencement date, completion date, and milestones of the project. Include any
supporting documentation.
If a proposed project is intended to initiate a longer-tenn program, indicate the emergency management
benefits of this long-term program. Indicate the basis for the expectation that this project will achieve
those benefits, describing any testing, forecasting, methodology, studies or analysis used to support the
forecast ofbenefrts. Describe any and all resources to be used to continue the project past the first twelve
months, and indicate the availability of those funds. Include documentation in the Appendix Section of
the application to demonstrate the firm commitment of these long-tenn resources,
75 points - application clearly, rationally and succinctly indicates the type and time frame for emergency
management benefits; clearly and succinctly describes the specific benefits, clearly and rationally
explains whether they are direct or indirect, and clearly and unequivocally connects them with already
identified emergency management objectives; includes significant supporting documentation; clearly and
succinctly identifies reasonable commencement and completion dates. and appropriate milestones of the
project;
clearly identifies any testing, analysis, studies, forecasting, or methodology underlying the
6
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forecasted long-term benefits; studies, forecasts, analysis. testing or methodology are sound and support
projected long-term benefits; resources to support long-term projects are clearly identified, described
and firmly committed, as demonstrated by supporting documentation;
37 points - application indicates the type and time frame for emergency management benefits; describes
the specific benefits. explains whether they are direct or indirect, and connects them with already
identified emergency management objectives. though some points may be omitted, or unclear; includes
adequate supporting documentation; identifies ftasible commencement and completion dates, and
milestones of the project; supports the forecasted long-term benefits in some reasonable and rational
manner; projected long-term benefits are credible; resources to support long-term projects are identified.
and presumably committed;
o points - fails to adequately identify the type and time frame of emergency management benefits; fails to
describe emergency management benefits, or explain them. or connect them with identified emergency
management objectives, or description. explanation or connection is not clear or rational. or
equivocates; no supporting documentation, or inadequate supporting documentation; commencement and
completion dates are not supplied or are unreasonable or unrealistic; milestones are not supplied or are
inappropriate; testing, analysis, methodology. forecasting. or studies are not supplied. or are unsound, or
are not supportive of claimed benefits; resources to support long-term projects are not identified, or are
inadequate. or are notfirmly committed,
3. Describe the project's consistency with the State Comprehensive Emergency Management
Plan and any applicable local comprehensive emergency management plans. (Maximum
score 100 points)
Describe the manner and extent to which the proposed project is consistent with the State Comprehensive
Emergency Management Plan, Identify the particular items in the State plan which are relevant to the .
project; link the consistency of the project with the State plan mtionally, clearly and comprehensively.
50 points - consistent in every respect- particular items in the plan are identified and the consistency of
the project with the State plan is rationally, clearly and comprehensively explained;
25 points - substantially consistent - some items in the plan are identified and the consistency is
rationally explained, though the project may not be consistent in every respect;
o points - inconsistent in every respect - few or no items in the plan are identified, consistency is not
explained or the explanation is not rational. clear or comprehensive,
Are any local comprehensive emergency management plans applicable to the proposed project? If so,
identify the applicable plans, county and municipality, and describe the manner and extent to which the
project is consistent with those emergency management plans. Identify the specific plan elements, goals,
strategies or objectives that will be impacted and describe how the project will favorably impact them.
Supply copies of pertinent parts of the plans in the Appendix Section or quote from the actual plans. If
any letters of consistency or support pursuant to 9G-19.008(2) have been received from applicable local
emergency management agencies, reference them in the narrative and include them in the Appendix
Section of the application.
7
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25 point maximum/50 points ifno municipal plan applies:
15/50 points - plan exists and the project is consistent in every respect- particular elements in the plan
are identified and the consistency of the project with the local plan is rationally, clearly and
comprehensively explained;
13/15 points - plan exists and the project is substantially consistent - some elements in the plan are
identified and the consistency is rationally explained, though the project may not be consistent in every
respect;
o points - plan does not exist or the project is primarily inconsistent - few or no elements in the plan are
identified, consistency is not explained or the explanation is not rational, clear or comprehensive,
For municipal competitive grants: Are any municipal comprehensive emergency management plans
applicable to the proposed project? If so, identify the applicable plans, and describe the manner and
extent to which the project is consistent with the plans. Identify those plan elements, goals, strategies or
objectives that will be impacted and describe how the project will favorably impact each. Supply copies
of pertinent parts of the plans or quote from the actual plans. Ifany letters of support have been received
from applicable municipal emergency management agencies, reference them here and include them in the
Appendix Section of the application.
15 points - plan exists and the project is consistent in every respect- particular elements in the plan are
identified and the consistency of the project with the municipal plan is rationally, clearly and
comprehensively explained;
13 points - plan exists and the project is substantially consistent; some elements in the plan are identified
and the consistency is rationally explained. though the project is not clearly or completely consistent;
o points - plan does not exist or the project is primarily inconsistent -few or no elements in the plan are
identified, consistency is not explained or the explanation is not rational, clear or comprehensive.
4. Discuss wby tbis particular metbod and approacb was cbosen. [Maximum score 100 points]
Identify the emergency management issues to be addressed and the reasonably available potential
methods and approaches to address them. Identify any studies or analyses of the issue. Identify any
applicable industry standards or policies.
Describe the particular method and approach chosen for this project. Explain why this method and
approach was chosen over the other available alternatives. Identify any literature or data supporting the
use of this method and approach.
Identify any previous attempts by the applicant or by other entities to address this or similar issues.
Describe the method and approach used in the previous attempts and indicate whether the attempts
succeeded or failed, and briefly explain why. Indicate any previous attempts to use this particular
approach and method, and whether the previous attempts achieved the desired results.
8
16 3
Describe the budget of the proposed project in a format consistent with Attachment 2 of this Application
Packet. Group proposed expenditures in the following categories in a manner consistent with Attachment
4 of this Application Packet:
$ Salaries and Benefits (includes salaries, fringe benefits, and other related costs for
services related to the project by regular full-time employees);
$ Other Personal/Contractual Services (includes the compensation for services related to
the project by persons who are not regular full-time employees, such as temporary
employees, board members or consultants);
$ Administrative Expenses (includes the direct costs of staff managing the project and
other direct costs for managing the project, as well as the applicant's official indirect rate,
ifany, applied to those direct costs of management. No more than 5% of the total
Emergency Management Preparedness and Assistance program funds awarded for the
project may be used for administrative costs);
$ Expenses (includes the usual, ordinary, and incidental expenditures, including, but not
limited to, commodities and supplies of a consumable nature, travel, printing, audit costs,
etc.);
$ Operating Capital Outlay (includes equipment, fixtures and other tangible personal
property of a nonconsumable and nonexpendable nature and have a normal expected life
of one year or more);
$ Fixed Capital Outlay (real property [land, buildings including appurtenances, fixtures
and fixed equipment, structures, etc.] including additions, replacements, major repairs,
and renovations to real property which materially extend its useful life or materially
improve or change its functional use, and including operating capital outlay necessary to
furnish and operate a new or improved facility).
The budget should contain sufficient detail to allow evaluation of the proposed cost. Budget line items
should include as appropriate, salaries and fringe benefits, indirect costs, travel, printing, subcontracts,
minor equipment (the respondent is expected to possess or have available the equipment necessary to
meet project demands), miscellaneous office and laboratory expenses, and explanations of unusual
expenditures. The time of commitment based on a forty (40) hour work week and associated salary of the
principal and associate staff must be readily identifiable.
Describe how the proposed budget is necessary and appropriate to the scope of work and intended project
result.
100 points - potential methods and approaches are identified, explained and analyzed; studies, analyses,
standards and policies are identified and rationally applied to the project; project method and approach
are clearly, rationally and concisely identified and explained; choice of method and approach is
conclusively appropriate for the project; the budget of the proposed project is clearly and rationally set
forth in exceptional detail; the application clearly, succinctly and rationally describes how and why the
budget is necessary and appropriate to the scope and potential of the project;
9
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50 points - some potential methods and approaches are identified, but identification is incomplete, or
some methods and approaches are unexplained, or the analysis is incomplete; the method and approach
is not consistent with some standards, studies or policies; choice of method and approach is deemed
appropriate, even if some questions or concerns remain; the budget of the proposed project is set forth,
though some, non-critical, details may be omitted; the application describes how and why the budget is
necessary and appropriate to the scope and potential of the project;
o points - potential methods and approaches are not identified, or insufficiently identified, and are
unexplained, or irrationally or not clearly explained; project method and approach is not identified or
explained; project method and approach is not appropriate for addressing problem or achieving goal;
the budget and budget detail is not identified or is clearly deficient or incomplete; the application lacks
an explanation of how or why the budget is necessary or appropriate, or the explanation is not clear or
rational, given the scope and potential of the project.
5. Identify Applicant's project match. [Maximum score 50 points)
Describe the source and type of any funds that will be provided from other sources to match any grant
funds received from the Emergency Management Preparedness and Assistance Trust Fund (EMP A TF).
Attach appropriate official documentation (e.g., board minutes or resolutions) to indicate the firm
commitment ofthe proposed cash matching funds. The Transmittal Letter can also be considered an
appropriate official document if it clearly states the total amount of the cash match being committed and
is signed by an official with the authority to fully commit the cash funds (e.g., chairman of the board or
mayor). Indicate these funds in a percent format and a specific dollar figure. This information should
agree with the budget information provided in criteria area #6.
If any other funds have been applied for or received by the Applicant for the proposed project or a similar
project, describe the source and type of funds, terms and conditions applicable to their use, term of
availability, and consequences, if any, of failure to receive the EMP A TF funds. All match committed,
whether in-kind or cash, must clearly represent an unconditional commitment of currentlY available
funds. Match cannot be committed or expended outside of the twelve (12) month contract period. The
narrative explanation and justification of line items as they relate to match on the proposed budget (see
Attachment 3) should clearly identify and describe all supporting documentation used to justify the
figures within each line item and referenced as an appendix attachment. The actual documentation will
need to be submitted as appendix items as identified in Rule 9G-19.009(2).
50 points - 2: 1 match, or greater;
25 points - 1: 1 match;
o points - 0 match; if the documentation does not indicate the firm commitment of funds then no points
shall be awarded, i,e.- the application must include documentation evidencing the firm commitment of the
funds in order for those funds to be credited as match.
6. Discuss the Applicant's experience and ability applied to tbe project [Maximum score 0125
points]
Identify the relative experience of all persons (force account or outside contractor) proposed to work on
the project, whether planning, design, execution or administration. Provide evidence of the abilities and
qualifications of each as it relates to the project's specific requirements.
10
16::"3
Describe the availability to the applicant of the resources, including any personnel, detailed in the project
budget, criteria area #4, and any anticipated delays expected to occur between the time an award is
accepted and the commencement of the project. Demonstrate that the personnel and other resources
identified are those necessary and appropriate to accomplish the project.
25 points - the experience, abilities and qualifications of all persons is identified, and clearly, rationally
and succinctly related to the proposed project; the materials and other necessary items are clearly
identified, described, and are available without qualification or delay;
13 points - the experience, abilities and qualifications of most persons involved in the project is
identified, and accurately related to the proposed project; the crucial materials and other absolutely
necessary items are identified and available, though there may be some tolerable qualification or delay;
o points - the experience, abilities and qualifications of all pertimmt persons is not identified, or is not
related to the proposed project; materials and other necessary items are not identified or are clearly
incomplete or deficient for the project; the availability of the materials and necessary items is not
indicated, or the indications are that there will be significant delays or problems in obtaining them,
Tiebreaker - Answer the following two questions:
1) Has the Applicant's jurisdiction been impacted by an environmental clean-up initiative?
If so, describe the initiative and its impact on the Applicant.
2) Is the Applicant located in a Front Porch Community? If so, please describe the location.
11
16r~3
,>,-' J """"'.
SECTION V
APPLICATION ORGANIZATION AND FORMAT
Application submissions shall be organized as follows:
1. Letter of Transmittal- This letter should not exceed a page in length, should briefly describe
the applicant's proposed project, state a positive commitment to perform the work necessary to
implement the project within the established time frame, and identify the dollar amount of the
funding requested from the Trust Fund. In addition, the letter should identify any other persons,
companies, organizations or parties involved in the proposed project. The letter should also
include the following assurances: that only those entities identified in the application are
involved in the proposed project; that the application is made without collusion with any other
entity submitting an application; that the application is, in all respects, fair and in good faith,
without fraud or collusion; and that the signer of the application has full authority to bind the
applicant and all other involved parties. If the applicant is providing a cash match, the transmittal
letter can also be considered an appropriate official document The letter must clearly state the
total amount of the cash match being committed and be signed by an official with the authority to
fully commit the cash funds (e.g., chairman of the board or mayor).
2. Title Page - Each application shall have a title page consistent with Attachment 1 contained in
this application packet. If submitting on-line or on disk, the title page must be received on hard
copy by the Division no later than three (3) days prior to the published application deadline date.
Also, a hard copy of the title page containing the original authorized signature must be submitted
by mail and must be received no later than three (3) days prior to the published application
deadline date,
3. Table of Contents - Each application shall provide a table of contents that reflects the format set
forth in this section (V). Page numbers for the proposed budget and for the matching fund
information shall also be displayed in the Table of Contents.
4. Proposed Project Presentation - This portion of the application contains the narrative
presentation of the proposed project as it relates to the six (6) scoring criteria. All scoring
criteria listed in Section III and detailed in Section IV must be fully addressed.
APPLICATIONS WILL BE EVALUATED AND SCORED USING ONLY THE
INFORMATION PROVIDED IN THE APPLICATION.
5. Each of the four application items listed above must be separately identified. The proposed
budget must be consistent with Attachment 2 contained in this application package and must be
tabbed. The section relating to matching funds offered by the Applicant must also be tabbed. If
submitting application on-line or on a disk each page should be clearly numbered and in
consecutive order as outlined above.
12
16, 3
SECTION VI
SELECTION/A W ARD PROCEDURES
Applications shall be scored by the review committee in accordance with the provisions of Rule
9G-19.009(2), F.A.C.
*
Applications shall be scored by the review committee members independently and the scores
shall be totaled and averaged. Thereafter, the committee shall evaluate the projects and determine
preliminary scores and resulting rankings through consensus.
*
Preliminary scores and resulting rankings shall be prepared within each category based upon the
total number of points earned with the overall highest number of points determining priority for
funding.
*
Regardless of their competitive ranking, applications that do not score at least 300 points shall be
ineligible for funding.
*
The review committee shall recommend the scores and preliminary rankings to the Secretary of
the Department for review and approval within the 75 days following the application deadline
date.
*
Once approved by the Secretary, preliminary scores and resulting rankings shall be posted to the
DEM website, at www.tloridadisaster.orglcDs/grants.htm.
*
Final award of points shall be made by the Secretary of the Department following the completion
of any administrative proceedings,
*
Final scores and resulting rankings shall be posted to the DEM website at
www.tloridadisaster.org/cps/grants.htm.
*
Funds shall be offered to the Applicant with the overall highest score, then to the Applicant with
the next highest score, and so on, until all funds have been offered or all eligible applications
have been funded.
*
Applicants shall be given 21 days to accept or reject a proposed award at which time a fully
completed proposal with all attachments, and any other documentation that may be requested,
should be submitted to the Division. Written notice of intent to accept or reject shall be delivered
to the office designated in the notice of award, In the event an Applicant fails to accept or reject a
proposed award within the specified time frame, the funds shall revert to the Trust Fund.
*
Contractual agreements between the Department and awarded Applicants will be developed and
executed to implement all funded applications. Funded application submissions will become part
of the agreements.
13
16"'3
SECTION VII
PROCEDURAL DEADLINES
1. 9G-19.008(1)
The Division will publish a Notice of Fund Availability in the Florida Administrative Weekly at
least 60 days prior to the Competitive Grant application deadline date.
2. 9G-19,008(5)(c)
Applications submitted for a technical review must be received no later than twenty-one (21)
days before the deadline published in the applicable Notice of Fund Availability. The Division
will inform the applicant of any technical deficiencies in the application by telephone, e-mail or
facsimile not later than ten (10) days in advance of the published application deadline to give
the applicant an opportunity to rectify them before the deadline.
3. 9G-19.008(2)
Applicants requesting a consistency statement must provide a description of the project to the
applicable County Emergency Management Agency at least thirty (30) days prior to the
Competitive Grant application deadline published in the Notice of Fund Availability.
4. 9G-19, 008(7)
Competitive Grant Applications transmitted on-line shall be transmitted not later than three (3)
days before the published application deadline. A hard copy of the title page containing the
original authorized signature must be submitted by mail, and must be reteived by the Division
by the applitation deadline date and time published in the Notice of Fund Availability.
5. 9G-19.009(1)
All Competitive Grant applications must be reteived by the Division by 4:00 p.m., Eastern
Time, on the noticed application deadline date.
6. 9G-19,009(2)
The review committee shall, within 7S days of the Competitive Grant application deadline
date, post preliminary scores and resulting rankings on the Division of Emergency Management
website www.floridadisaster.org/cos/2fants.htm.
14
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
EMP A COMPETITIVE GRANT APPLICATION
ATTACHMENT 1- TITLE PAGE
TITLE OF PROJECT Multi-Language Public Information Outreach project
AMOUNT REQUESTED FROM STATE $ 24,200.00
AMOUNT MATCHING FUNDS COMMITTED
$
$0
CASH
$
IN-KIND
$8,500
This is an application for a competitive grant under (indicate ONLY one):
Xl) Emergency Management Competitive Grant Program, or
2) Municipal Competitive Grant Program
The application is submitted for consideration in the following category (select ONLY one):
1) A project that will promote public education on disaster preparedness and
recovery issues.
2) A project that will enhance coordination of relief efforts of statewide private
sector organizations, including public-private business partnerships.
3) A project that will improve the training and operations capabilities of agencies
assigned lead or support responsibilities in the State Comprehensive Emergency
Management Plan.
x 4) A project that will otherwise further state and local emergency management
priorities identified in the Notice of Fund Availability.
APPLICANT INFORMATION:
Name of Organization: Collier County Emergency Management
Address of Organization: 3301 E. Tamiami Trail
Building F, Suite 103
Naples, FL 34112
E-mail addressofOrganization:jaimesarbaugh@colliergov.net
Name of Chief Elected Official: Jim Coletta, Chairman, Board of County Commissioners
Name of Chief Administrative Officer: James Mudd, County Manager
Name of Applicant Contact: Jaime Sarbaugh
Title of Applicant Contact: Public Information Coordinator / Traininq Officer
Telephone Number of Applicant Contact: (239) 774-8000
E-mail addressofApplicantContact:jaimesarbaugh@colliergov.net
Federal Employee Identification (FEID) Number: 59-6000558
,...
/ Must;~
AUTHORIZED SIGNA T
scored]
Signature:
-19.008(7), F.A.C., or application will not be <
Title: Chairman, Collier County Board of County Commissioners
Ir delegatio. or sig..ture utllority Is submitted wltll tllis applleatio., attaell It to tbls page.
15
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Narrative
1. Identify a demonstrated state or local emergency management need and
explain how this project will address it: Collier County, Florida is comprised
of2,020 square miles of land in Southwest Florida, with approximately 50 miles
of the county being comprised of coastline. The permanent population of the
county is greater than 330,000 with that number rising to over 400,000 during the
winter (season) months. Approximately 40 percent of the population is older than
55, and more than 1,500 are registered as Persons with Special Needs, The
county estimates that more than 27,000 residents are considered non-English
speaking persons, mostly Hispanic and Creole persons. Much of the non-English
speaking population in Collier County resides in Immokalee which is a Front
Porch Community.
Due to these facts, Collier County Emergency Management wishes to improve the
public outreach for hurricanes, pandemic flu, and all-hazards planning, Materials
needed to improve public information and outreach will need to be produced in
English, Creole, and Spanish and should include products in written form for
individual handout, audio for local radio station announcements and individual
handout, and audio/visual for local television and public forum.
Supplies for Public Information (ESF-14) are needed in the Immokalee Multi-
Agency Coordination Center (satellite Emergency Operation Center). The
Immokalee Multi-Agency Coordination Center is a new initiative of Collier
County Emergency Management to coordinate timely public information, status
reports, and supplies between the Emergency Operations Center in Naples and the
Immokalee area, During Hurricane Wilma in 2005 Collier County Emergency
Management experienced several difficulties in coordinating and communicating
with the Immokalee area from the Emergency Operations Center and thus is
working to correct these difficulties by implementing the Immokalee Multi-
Agency Coordination Center.
2. Identify the immediate tangible emergency management benefits: The
inclusion of a strong public outreach program on disaster preparedness will help
create a disaster resistant community. Emergency Management's Public
Information program has a strong relationship with local English, Spanish, and
Creole media outlets that will be provided the information for dissemination as
well as a successful disaster seminar program offered in several languages that
offer an excellent venue for distribution of these materials.
Enhancing the supplies at the Immokalee Multi-Agency Coordination Center
ESF-14 desk will ensure all media and residents will receive timely emergency
information on evacuations, available disaster supplies, and other resources
available in response and recovery of a disaster.
Multi-Language Public Outreach Project
Page 1 of3
1,6' ;' 3..., '
\, , , ~ :\"-.. "',,
3. The project's consistency with the state comprehensive Emergency
Management Plan and any applicable local comprehensive emergency
management plans: This grant request is thoroughly consistent with the current
State of Florida Comprehensive Emergency Management Plan. As noted in
Section III (Responsibilities) A. (Counties) required by section FS 252,38,
"Counties are required to implement a broad based Public Awareness, Education
and Information program designed to reach all citizens of the county, including
those needing special media formats, who are non-English speaking (including
persons who do not use English as their first language), and those with hearing
impairment or loss". (Coordination and Control) 1. County Level- Using local
resources, And, VI. Continuity of Government.
The enhancement ofESF-14 both in the Immokalee Multi-Agency Coordination
Center and in preparation of disasters would enable Collier County to meet the
Florida Statute requirements for its community by ensuring rapid and accurate
information availability to all of its residents and visitors,
4. Why this particular method and approach was chosen: Emergency
Management budget allows for the production of these materials in English but
allows little to no production in other languages, Due to the fact that such a large
amount of the populations is non-English speaking it is essential that these
populations' needs be met. Hurricane, Pandemic Flu, and All-Hazards were
chosen because they are currently the most probable and catastrophic threats to
our areas.
Budget is attached.
5. Matching Funds: $8500 - Budget Attached
6. Experience and ability applied to the project: Over the past two years I, Jaime
Sarbaugh, have worked diligently to create a Hurricane and Disaster Seminar
program that includes Immokalee and other non-English speaking communities
within Collier County. A strong partnership with organizations such as the
Immokalee Farm Workers Village, Service Providers ofImmokalee, and the local
Spanish television station D'Latinos has been essential in the success of the
program. Having additional materials available will enhance the already
successful program that has been started.
Along with the successful seminar program, several members of the Collier
County Emergency Management staff participate in emergency and human
services groups such as the Immokalee Inter-Agency Council (IIAC) and
Immokalee Helping Our People in Emergencies (IHOPE),
Multi-Language Public Outreach Project
. Page 2 of3
16F3
Tiebreaker:
1) Has the applicant's jurisdiction been impacted by an environmental clean-up
initiative? If so, describe the initiative and its impact on the applicant.
No
2) Is the Applicant located in a Front Porch Community? If so, please describe the
location.
Yes, partially. The project will benefit all residents and visitors of Collier
County but focuses on the largely non-English speaking area in the Front
Porch Community of Immokalee.
Multi-Language Public Outreach Project
Page 3 of3
Budget Narrative
=~""
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, ,;;;;>'1
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1
1. Salary and Benefits
The $7000 (In-Kind Services Match) represents the cost of Collier County Staff time to
produce the materials for the public outreach project. Estimating each English brochure
design, editing, and production will need a minimum of20 staff hours and each Spanish
and Creole needing a minimum of 30 hours. The multi-page booklets will require a
minimum of 40 hours to design, edit, and produce as will the audio CDs, Estimating
$25/hr of staff time for at least 280 in design, editing, translation, and production of
printed and recorded materials staffwill be providing a minimum of $7000 of In-Kind
Services Match for staff salaries,
2. Other PenonallContractual Services
The $1,000 (In-Kind Services Match) represents the cost of Collier County to transport
and distribute the requested materials throughout the 2,020 square miles of Collier
County, Use of venues for disaster preparedness programs where said materials would be
disseminated, as well as the use to translators will be of substantial cost to Collier County
Emergency Management.
3. Administrative EXDenses
The $500 (In-Kind Services Match) represents the cost of Collier County will use to
produce the original products requested in the grant before reproduction, Materials
included will be computer and printing supplies, use of audio-recording and editing
equipment and materials, and time used in the recording studio.
4. EXDenses
A. Hurricane Preparedness Tri-Fold Brochures
10,000 English = $1,000
10,000 Spanish = $1,000
10,000 Creole = $1,000
B. Pandemic Flu Preparedness Tri-Fold Brochures
10,000 English = $1,000
10,000 Spanish = $1,000
10,000 Creole = $1,000
C. All-Hazards Multi-Page Booklets
5,000 Spanish = $1500
5,000 Creole::;:: $1500
D, Hurricane/Tomado/Flooding Audio CD English, Spanish Creole
10,000 Production, Printing, Shipping, Casing::;:: $5700
16 r'3
5. Ooeratin2 Caoital Outlav
Communication Supplies for Immokalee Multi-Agency Coordination Center ESF-14
Desk. This will include items such as laptops, projector, fax machine, printer, 800 MHz
radios, cellular telephones, and television to monitor local media. = $9,500
6. Fixed Caoital Outlav
None
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
EMPA COMPETITIVE GRANT APPLICATION
A TT ACHMENT 2
16 F3
Proposed Budget
Cash In-kind Total EMPA Total
EXPENDITURE CATEGORIES Match Services Grantee A ward Project Cost
Match Cost C+D=E
A B A+B=C D
1. SALARY AND BENEFITS $7000 $7000 $7000
2. OTHER PERSONAL/CONTRACTUAL $1000 $1000 $1000
SERVICES
3. ADMINISTRATIVE EXPENSES $500 $500 $500
4. EXPENSES $14,700
$14,700
5. OPERATING CAPITAL OUTLAY $9500
$9500
6. FIXED CAPITAL OUTLA Y
TOTAL EXPENDITURES
$8500 $8500 $24,200 $32,700
PERCENTAGES A% B% C% D% E%
26% 26% 74% 100%
NARRA TIVE EXPLANATION AND JUSTIFICATION OF LINE ITEMS:
See Attached
Note: Use as many specific line item entries as are needed to thoroughly explain anticipated costs.
16
16~3
Bude:et Narrative
1. Sa)arv and Benefits
The $7000 (In-Kind Services Match) represents the cost of Collier County Staff time to
produce the materials for the public outreach project. Estimating each English brochure
design, editing, and production will need a minimum of 20 staff hours and each Spanish
and Creole needing a minimum of 30 hours, The multi-page booklets will require a
minimum of 40 hours to design, edit, and produce as will the audio CDs, Estimating
$25/hr of staff time for at least 280 in design, editing, translation, and production of
printed and recorded materials staffwill be providing a minimum of $7000 of In-Kind
Services Match for staff salaries.
2. Other Personal/Contractual Services
The $1,000 (In-Kind Services Match) represents the cost of Collier County to transport
and distribute the requested materials throughout the 2,020 square miles of Collier
County. Use of venues for disaster preparedness programs where said materials would be
disseminated, as well as the use to translators will be of substantial cost to Collier County
Emergency Management.
3. Administrative Exoenses
The $500 (In-Kind Services Match) represents the cost of Collier County will use to
produce the original products requested in the grant before reproduction. Materials
included will be computer and printing supplies, use of audio-recording and editing
equipment and materials, and time used in the recording studio,
4. Exoenses
A. Hurricane Preparedness Tri-Fold Brochures
10,000 English = $1,000
10,000 Spanish = $1,000
10,000 Creole = $1,000
B. Pandemic Flu Preparedness Tri-Fold Brochures
10,000 English = $1,000
10,000 Spanish = $1,000
10,000 Creole = $1,000
C, All-Hazards Multi-Page Booklets
5,000 Spanish = $1500
5,000 Creole = $1500
D, Hurricane/Tomado/Flooding Audio CD English, Spanish Creole
10,000 Production, Printing, Shipping, Casing = $5700
16! 3
ji"
I ..
5. ODeratin2 CaDital Outlav
Communication Supplies for Immokalee Multi-Agency Coordination Center ESF-14
Desk. This will include items such as laptops, projector, fax machine, printer, 800 MHz
radios, cellular telephones, and television to monitor local media. = $9,500
6. Fixed CaDital Outlav
None
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1. Patient appears lifeless or doesn't respond--
immediately call 911.
Begin compressions at 100 per minute.
Rescue breaths can be given by a 2nd person every
6 secs, but do not interrupt compressions.
4. If an AED is available, place on patient and follow
directions from AED.
Compressions ONLY will keep patient alive for 8
minutes; then two rescue breaths must be given.
:-....
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(5
~
C'PR POU Granrnoun
c..~'
Si pasyan an sanble'l san vi, Oll li pa reporm tOll
swit rele 911.
Komanse konpresyon 8 100 pa minit.
3. Yon lot moun ka bay souf chak 6 segond, men pa
entewonp konpresyon an.
4. Si yon AED disponib, mete'l sou pasyan e suiv
direksyon AED an.
5. Konpresyon ap kenbe pasyan an vivan pou 8
minit, apre fok ou bay 2 souf.
.---.
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5 Pasos de Primeros .1lJ.\'ifios (CPR)
..........
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1. Si el paciente no presenta Sign08 vitals 0 no relIponde,
immediamente debe Ilmar al 911.
2. Luego, inicie aplicando al paciente 100 cornpresiones por
minuto.
3. Sin interompir las compresiones, lUla segunda penona puede
dar respiracion artificial cada 6 segundos.
4. Si se encuentra disponible 0 al alcance un AED col6quelo
sobre eI pacit:nte siguiendo las instrucciones como 10 indica Ja
maquina.
5. Las compresiones SOLO ayudan a manlena al paciente vivo
por 8 minutos despues de haber dado 2 respiraciones artificiales.
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C~hjJd C~PR - 4 Eas}' Steps
. If child appears lifeless, give two slow rescue
breaths mouth to mouth.
2. Call 911 immediately & start compressions at rate
of 100 per minute (allowing chest to fully recoil).
3. If alone, compression/breath ratio is 30
compressions/2 breaths.
4. If second person, give continuous compressions
(uninterrupted) while scond person gives a breath
every 6 seconds--no more often than ever 6 secs.
C~PR POU Tinl0Ull
}, Si timoun Ian sanble Ii san vi ba Ii 2 souf
dousman bouch nan bouch,
2, Rele 911 tou swit e komanse konpresyon a 100
pa minit.
3, Si ou pou kont ou fe 30 konpresyon epi 2 souf,
4, Si genyen lot moun la, bay konpresyon san rete,
pandan lot moun Ian bay yon souf chak 6 segond,
pa plis ke chak 6 segond,
~ !Jasvs Faciles Par~t Dar
enmcros \U\lliOS (( P!\) a \ill0S
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1. Si el niflo, aparentemente no tiene vida, de 2 I'ClIpiraciones
artificiales lentas, boca a boca,
2. L1ame al911 immediatamente e inicie las compresiones en un
promedio de 100 compresiones por minuto (penn ita que el
pecho se contraiga completamente).
3. Si se encuenlra solo con el niilo, debera dar 30 compresiones,
loogo 2 relIpiraciones artificiales y asi susesivamente.
4. Si hay una segunda persona, las compresiones deberan ser
continuadas (no interrunpidas), mientras Ia segunda persona da
la respiracian artificial cada 6 segundos (Ias respiraciones
artifiacles no deben aplicarse a menos de 6 segundo8 entre una y
otra.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 f'- 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line thrould: routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
'.
2.
-
-
3. <
-
4. oC.. -
5. Sue Filson, Executive Manager Board of County Commissioners Ctt~, I }l-=t>} D'7
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Number of Original
Documents Attached
')")ll-8CJO (.
I~F~
Yes
(Initial)
N/A (Not
A licable)
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signedJinitialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on) (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Co un Attorne 's Office has reviewed the chan es, if a licable.
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16 4
MEMORANDUM
Date:
January 24, 2007
To:
Christine Chase
Emergency Management
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
EMP A Competitive Grant Application
Enclosed please find one (1) original document, as referenced above,
(Agenda Item #16F4), approved by the Board of County Commissioners on
Tuesday, January 23, 2007.
If you should have any questions, please call 774-8411.
Thank you.
Enclosure(2)
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
EMP A COMPETITIVE GRANT APPLICATION
ATTACHMENT 1- TITLE PAGE
16
'+
TITLE OF PROJECT Collier County EOC Broadband Distribution System
AMOUNT REQUESTED FROM STATE $ 175.000
AMOUNT MATCHING FUNDS COMMITTED
$ 430.000. CASH
$0
IN-KIND
This is an application for a competitive grant under (indicate ONLY one):
x
I) Emergency Management Competitive Grant Program, or
2) Municipal Competitive Grant Program
The application is submitted for consideration in the following category (select ONLY one):
I) A project that will promote public education on disaster preparedness and
recovery Issues.
2) A project that will enhance coordination of relief efforts of statewide private
sector organizations, including public-private business partnerships.
3) A project that will improve the training and operations capabilities of agencies
assigned lead or support responsibilities in the State Comprehensive Emergency
Management Plan.
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X 4) A project that will otherwise further state and local emergency management
priorities identified in the Notice of Fund Availability.
APPLICANT INFORMATION:
Name of Organization: Collier County Emere:encv Manaeement Department
Address of Organization: 3301 Tamiami Trail. East
Naples. FL 34112
E-mail addressofOrganization:JamesVonRinteln@colliel1!ov.net
Name of Chief Elected Official: James N. Coletta. Chairman of the BCC
Name of Chief Administrative Officer: James V. Mudd. County Manae:er
Name of Applicant Contact: James J. yon Rinteln
Title of Applicant Contact: Emel1!encv Manae:ement Coordinator
Telephone Number of Applicant Contact: (239) 774-8911/8000
E-mail addressofApplicantContact:JamesVonRinteln@colliere:ov.net
Federal Employee Identification (FEID) Number: 59-6000558
AUTHORIZED S.IG.N.'~N 9G-19.008(7), F.A.C., or application will not b.
scored] j..... .
. " .<;::'
SIgnature: . " '.
,
Title: Chairman. Collier County Board of County Commissioners
If delegation of signature authority is submitted with this
application, attach it to this page.
l5
16
It
~
I
,
Emergency Management Competitive Grant Program (General)
1. Emergency Management Need:
Collier County, Florida is comprised of 2,025 square miles of land in Southwest Florida,
with approximately 50 miles of the county being comprised of coastline. The permanent
population of the county is greater than 330,000 with that number rising to over 400,000
during the winter (season) months. Approximately 40 percent of the population is older
than 55, and more than 1,500 are registered as Persons with Special Needs. The county
estimates that more than 27,000 residents are considered non-English speaking persons,
mostly Hispanic and Creole persons.
Collier County is in a unique media market, with its major news providers located outside
the county in the Fort Myers area. Due to this fact, the dissemination of official
emergency and preparedness information in Collier County falls on the county
government through its Emergency Management Department and the Emergency
Operations Center (EOC). In the past, this critical function has been identified by the
community as an area in need of improvement. Communicating information to the
residents and visitors of our community during times of emergency, as well as towards
the goal of building a disaster resistant community.
To address this need, Collier County Emergency Management desires to integrate a
Broadband Video and Television system into their EOC and integrate that system as part
of the overall Emergency Services Complex (ESC) project currently underway.
2. Long and Short Term Tangible Benefits:
The inclusion of a broadband television distribution system into the County's ESC, which
includes the EOC as well as the County's main television studio, will greatly enhance our
ability to provide timely public safety and emergency information to the community. This
system, if approved, will provide real-time video and audio feed from the EOC to any of
the offices or training areas within the ESC, as well as any location with television or
radio access in the county. This capability, together with the in-place media studio in the
ESC, will enable real-time dissemination of emergency messages, public safety
announcements, training and community information.
Additionally, this capability would provide a key asset to the local government in the
event of a widespread or National emergency, such as a large scale terrorist attack or
other wide-spread event requiring activation of our Continuity of Government plan,
which relies heavily on the dissemination of information and direction from Federal,
State and Local authorities to the Community. This project would greatly improve our
ability to accomplish that critical function.
16 4
3. Consistency with the State CEMP:
This grant request is thoroughly consistent with the current State of Florida
Comprehensive Emergency Management Plan. As noted in Section III (Responsibilities)
A. (Counties) required by section FS 252.38, "Counties are required to implement a
broad based Public Awareness, Education and Information program designed to reach all
citizens of the county, including those needing special media formats, who are non-
English speaking (including persons who do not use English as their first language), and
those with hearing impairment or loss". (Coordination and Control) 1. County Level -
Using local resources. And, VI. Continuity of Government.
The proposed broadband system would enable Collier County to meet the Florida Statute
requirements for its community by ensuring rapid and accurate information availability to
all of its residents and visitors.
4. AlternativeslProposed Budget:
There are no feasible alternatives to this request.
Budget is attached at Tab A.
5. Matching Funds: $430,000.00 is currently budgeted towards the media broadcast
studio, as part of the overall Emergency Services Complex project, which is under
construction and planned for completion in late 2008.
6. Qualifications:
TLC (Tilden, Lobnitz, Cooper), Engineering of Orlando, Florida has provided the scope
of work, initial estimate and integration analysis, which is attached at Tab B of this
package. TLC Engineering is an electrical, technology and communications engineering
company with widespread experience integrating systems, like the project proposed, into
Public Safety and Emergency Operations Centers, particularly in Florida.
Tiebreaker:
1) Has the applicant's jurisdiction been impacted by an environmental clean-up
initiative? If so, describe the initiative and its impact on the applicant.
No
2) Is the Applicant located in a Front Porch Community? If so, please describe the
location.
No
2
# 16J3
Resolution 2007-20
THIS DOCUMENT
HAS NOT BEEN
RECEIVED IN THE
CLERK TO THE BOARD
OFFICE
AS OF
March 17, 2008
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documcnts should bc hand deliycred to the Board Office. Thc completed routing slip and original
documents are to be forwarded to the Board Office only lifter the Board has taken action on thc itcm.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excePtion of the Chairman's signature, draw a line through routing lincs #1 through #4, eomplete the checklist. and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. William E. Mountford County Attorney rV/Mr\ 02/13/07
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
7. William E. Mountford County Attorney
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bce Chairman's signature are to be delivered to the BeC office only after the BCC has acted to approve the
item.)
Name of Primary Staff William E. Mountford Phone Number 774-8400
Contact
Agenda Date Item was January 23,2007 Agenda Item Number 16-K-l
Approved by the BCC
Type of Document Settlement Agreement and Mutual Release Number of Original 3
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 01/23/07 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
Please return two executed ori inal documents to William E. Mountford, ACA
Yes
(Initial)
WEM
N/A (Not
A licable)
2.
3.
4.
5.
6.
7.
NIA
WEM
WEM
NIA
~@ 11\
WEM
I: Forms/ County Forms! BCC Forms! Original Documents Routing Slip WWS OriginaI9.03.04. Revised 1.26.05, Revised 2.24.05
<<matter_numbef>>/ <<documencnumber>>
16K 1
MEMORANDUM
Date:
February 15, 2007
To:
William E. Mountford
Assistant County Attorney
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Settlement Agreement and Mutual Release
Re: Case No. 06-490-CA, for $55,000.00
Attached, please find two (2) original documents, as referenced above
(Agenda Item #16Kl), approved by the Board of County Commissioners on
Tuesday, January 23, 2007.
The Minutes & Records Department has a fully executed copy for public
record.
If you have any questions, please call me at 732-2646 x 7240.
Thank you.
Attachments (2)
16K 1
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE
(hereinafter referred to as the "Agreement and Release") is entered into and made on
this 9th day of January, 2007 by and between Kellie Gundeck, (hereinafter referred to
as "Plaintiff") and Board of County Commissioners For Collier County (hereinafter
referred to as the "County").
WIT N E SSE T H:
WHEREAS, Plaintiffs filed a lawsuit against the County in the Circuit Court for
the Twentieth Judicial Circuit in and for Collier County, Florida, styled Kellie Gundeck v.
Collier County, Case No. 06-490-CA (hereinafter referred to as the "Lawsuit"); and,
WHEREAS, Plaintiff and the County, without either of them admitting any
liability or fault, desire to settle the Lawsuit and any and all disputes that arise from,
relate or refer in any way, whether directly or indirectly, to the incidents described or
allegations made in the Complaint filed in the Lawsuit; and,
WHEREAS, Plaintiffs and the County desire to reduce their settlement to a
writing so that it shall be binding upon them as well as their respective owners,
principals, elected officials, officers, employees, ex-employees, agents, attorneys,
representatives, insurers, spouses, successors, assigns, heirs and affiliates.
1
16K 1
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement and Release, and with the intent to be legally
bound, Plaintiff and the County agree as follows:
1 . Plaintiff and the County adopt and incorporate the foregoing recitals,
sometimes referred to as "Whereas Clauses", by reference into this Agreement and
Release.
2. In consideration of the resolution of all disputes or claims arising from or
referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and
in consideration of the sum of Fifty-Five Thousand Dollars ($55,000.00) and other
valuable consideration, the receipt and adequacy of which is hereby acknowledged by
Plaintiff, Plaintiff agrees to dismiss the Lawsuit with prejudice.
3. In consideration of the resolution of the Lawsuit, and for other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged,
Plaintiff, on behalf of herself, as well as on behalf of her attorneys, agents,
representatives, insurers, heirs, successors and assigns, hereby expressly releases and
forever discharges the County, as well as its elected officials, officers, employees, ex-
employees, agents, attorneys, representatives, successors, assigns, insurers and
affiliates from any and all claims, demands, causes of actions, damages, costs,
attorney's fees, expenses and obligations of any kind or nature whatsoever that she has
asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any
way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation
referred to or made in the Complaint in the Lawsuit.
2
l~"l f~
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of
this Agreement and Release, Plaintiff and the County agree that either of them (as well
as any other persons or entities intended to be bound) shall, in the event of any breach,
retain the right to enforce the terms and conditions of this Agreement and Release.
5. Plaintiff and the County acknowledge and agree that this Agreement and
Release is intended to and shall be binding upon their respective owners, principals,
officials, officers, employees, ex-employees, agents, attorneys, representatives,
insurers, successors, assigns, spouses, heirs and affiliates.
6. Plaintiff and the County recognize and acknowledge that this Agreement
and Release memorializes and states a settlement of disputed claims and nothing in
this Agreement and Release shall be construed to be an admission of any kind, whether
of fault, liability, or of a particular policy or procedure, on the part of either Plaintiff or the
County .
7. Plaintiff and the County acknowledge and agree that this Agreement and
Release is the product of mutual negotiation and no doubtful or ambiguous language or
provision in this Agreement and Release is to be construed against any party based
upon a claim that the party drafted the ambiguous provision or language or that the
party was intended to be benefited by the ambiguous provision or language.
8. This Agreement and Release may be amended only by a written
instrument specifically referring to this Agreement and Release and executed with the
same formalities as this Agreement and Release.
9. In the event of an alleged breach of this Agreement and Release, Plaintiff
and the County agree that all underlying causes of action or claims of Plaintiff have
3
16K 1
been extinguished by this Agreement and Release and that the sole remedy for breach
of this Agreement and Release shall be for specific performance of its terms and
conditions or any damages arising from the breach. In this regard, Plaintiff and the
County further agree that the sole venue for any such action shall be in the Twentieth
Judicial Circuit in and for Collier County, Florida in Naples, Florida.
10. This Agreement and Release shall be governed by the laws of the State of
Florida.
IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed
this Agreement and Release as set forth below.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
~~.
JAMES COLETTA, Chairman
~1atu' ~L
KELLlE GUNDECK, Plaintiff
Date:
d If; /o?
,
Item # It, k,/
Aqcnda
[:e,l)
.!/~p~7
4
[':lie #J~".-"'J i
:--,.. .' ,~ .........,. I .,
_[~)::/ul" ",' ~ f.~.~ J1
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T'____..a:"'~_..~u..
16K 1
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF
AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Kellie
Gundeck, before me, this W day of ~~. 2007.
mt1~J (!.~ Personally Known V--
Signatu of Notary Public or
Produced Identification
Commissioned Name of Notary Public
(Please print, type or stamp)
Type of Identification Produced
My Commission expires:
~''k.':;A~:'H:'/f;;.~ M!'RGARET^~. HENDRIX
~*(Jj;,';A MY LOMMISSlul~ # DO 158548
~'~'$} EXPIRES: February 16, 2007
"'">!',9r..~~~'" Jol1ood Thru Notary PL1blic UndefWriters
Approved as to form and
legal sufficiency:
5
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~k:.~~ . ........ '.' j9~~
,,'It .or ~
IV t:
~ OCT 2CC6 (:
I~ nr':
Other: (Display Adv., location, etc.) \~ {\U'
.,..
*****************************************************************************************~~*************
Originating DeptJ Div: Comm.Dev.Serv./Planning Person: Stephen HigginsA.',Bate;, lQ~l9;OO'
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
Normallegal Advertisement
;;.;/
Petition No. (If none, give brief description): A VESMT-2006-AR-9775
Petitioner: (Name & Address): William H. Hanson & Lesa L. Hanson
845 Lakeland Avenue, Naples, F134110
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Mark A, Ebelini Knott Consoer Ebelini Hart & Swett, P.A.
1625 Hendry Street, 3rd Floor, Fort Myers, Fl. 33901
Hearing before BCC _X_ BZA _ Other
,4-
Requested Hearing date: 11/~"42'006 Based on adVejiSemeft appearing ~ days before hearing.
TI'" II -vf,t~
Newspaper(s) to be used: (Complete only if important:
17A
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include lel!al description & common location & Size):
SEE ATTACHED RESOLUTION
Does Petition Fee include advertising cost? XX Yes No If Yes, what account should be charged for advertising costs:
113-138312-649110
Reviewed by: Approved by:
Joseph Schmitt
Division
Head
CDS
Administrator
Date
County
Manager
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
County Manager agenda file: to
Clerk's Office
Requesting Division
Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
*********************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received: ~. Date of Public hearing: ~ 1\
... \'Z-~'1.
\ \1-~)()1--
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RESOLUTION NO. 06-_
l?A
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION AVESMT-2006-AR-9775 HANSON,
DISCLAIMING, RENOUNCING, AND VACATING THE
COUNTY'S AND THE PUBLIC'S INTEREST IN THE RIGHT-
OF-WAY AND DRAINAGE EASEMENT LOCATED IN THE
SOUTH 30 FEET OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 24,
TOWHSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA.
WHEREAS, pursuant to Section 336.09 and 336.10, Florida Statutes,
Petitioners, William H. & Lesa L. Hanson, have requested the vacation of the
County's interest in the right-of-way and drainage easement located in the south 30
feet of the south half of the southwest quarter of the northwest quarter of the
northeast quarter of Section 24, Township 48 south, Range 25 east, Collier County,
Florida, and
WHEREAS, the Board has this day held a public hearing to consider
Petitioners' request, and notice of said public hearing was given as required by law;
and
WHEREAS, the granting of the vacation will not adversely affect the
ownership or right of convenient access of the property owners; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in
the right-of-way and drainage easement specifically described in Exhibit 'A' is
hereby vacated, extinguished, renounced and disclaimed, and this action is declared
to be in the Public's interest and for the Public's benefit.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board
is hereby directed to record a certified copy of-this Resolution in the Official
Records of Collier County, Florida; to publish notice of adoption of this
Resolution within thirty (30) days of adoption; and to record such proofs of
publication as required by Section 336.10, Florida Statutes.
This Resolution adopted after motion, second and majority vote favoring
same, this day of , 2006.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRAN K HALAS, CHAI RMAN
Approved as to form and legal
suffi' cy:,
n ht
nt Collier County Attorney
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RECOMMENDATIONS:
17A
1
1. Adopt the Resolution for Petition Petition A VESMT -2006-AR-9775, Hansen to disclaim,
renounce and vacate the County's and the Public's interest in the south 30 feet of
the South half of the Southwest quarter of the Northwest quarter of the Northeast
quarter of Section 24, Township 48 South, Range 25 East, Collier County, Florida.
2. Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to
record a certified copy of the Resolution in the Public Records.
PREPARED BY: Tonia Leavitt, Engineering Services
17A
October 26, 2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: A VESMT 2006-AR-9775, Hanson
Dear Legals:
Please advertise the above referenced notice on Sunday, November 12,2006
and kindly send the Affidavit of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
Account No. 113-138312-649110
NOTICE OF PUBLIC HEARING
l?A
"
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, November 28,
2006 in the Boardrooml 3rd Floor, Administration Building, Collier
County Government Centerl 3301 East Tamiami Trail, Naplesl
Florida. The meeting will begin at 9:00 A.M. The title of the
proposed Resolution is as follows:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, RELATING TO PETITION AVESMT-2006-AR-9775 HANSON,
DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S
INTEREST IN THE RIGHT-OF-WAY AND DRAINAGE EASEMENT LOCATED IN THE
SOUTH 30 FEET OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP
48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chairl a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any casel
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and thereforel may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY I FLORIDA
FRANK HALAS I CHAIRMAN
DWIGHT E. BROCKI CLERK
By: Teresa Dillardl Deputy Clerk
( SEAL)
17A
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 T AMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
John & Nancy Felczak
15 Afton Blvd
Monroe Township, NJ 08831
Re: Petition A VESMT -2006-AR-9775
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
DWIG~..T. E~~O~~'.oC..LERK.",?
~~ ':f;alu t& 1~
Teresa Dillard, Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.fl.ns
Fax- (239) 775-2755
Email- collierclerk@clerk.collier.fl.ns
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 T AMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
Thomas F. Kelly, Jr. & Martha Kelly
10201 Boca Circle
Naples, FL 34109
Re: Petition A VESMT -2006-AR-9775
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28,2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. ~~~, CLERK
(\ 0iLLiO ':iitta cd ~c
'~sa Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.n.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.n.us
17A '1"
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
David C. & Christine C. Ericksen
9997 Boca Circle
Naples, FL 34109
Re: Petition A VESMT -2006-AR-9775
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~
eresa Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
330 I T AMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17 I~
11
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
William H. Hansen & Lesa L. Hansen
845 Lakeland Avenue
Naples, FL 34110
Re: Petition A VESMT -2006-AR-9775
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
~IGHT E. BROCK, CLERK
\ ., LL~e,--~~ tsc
. resa DIllard, Deputy Clerk ..
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
l?A
J ,
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
Mark A. Ebelini
Knott Consoer Ebelini Hart & Swett, P.A.
1625 Hendry Street
3rd Floor
Fort Myers, FL 33901
Re: Petition A VESMT -2006-AR-9775
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
0. (2 UUPA- ktR..D k
~sa Dillard, Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.c1erk.collier.fl.us
Fax-(239) 775-2755
Email-collierclerk@c1erk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
171
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
Barry O. & Cheri Sue Connor
710 Lakeland Avenue
Naples, FL 34110
Re: Petition A VESMT -2006-AR-9775
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28,2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~ ('.
U);f?Li:xtQCLJ) ~_
eresa Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
1? 14
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
Michael R. & Karen S. Strang
635 Lakeland Avenue
Naples, FL 34110
Re: Petition A VESMT -2006-AR-9775
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E(*~CK. ",.C (LERK
~~LJfc
Teresa Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax-(239) 775-2755
Email- collierclerk@clerk.collier.fl.us
17A
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26,2006
Jackie & Karen Nipper
801 Lakeland Avenue
Naples, FL 34110
Re: Petition A VESMT -2006-AR-9775
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28,2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT ~-BRO~K, CLERK .
('\ r;}'li9.RULU~1(
~a Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax-(239)775-2755
Email-collierclerk@clerk.collier.fl.us
17 84
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
Daniel J. Griffin
840 Lakeland Avenue
Naples, FL 34110
Re: Petition A VESMT -2006-AR-9775
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BfDCK: C~ERK
~ fJ ~ ~\.k^, ~~~jJ/~(
\~ Dillard, Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
Delasol Homeowners Assn, Inc.
5801 Pelican Bay Blvd
S te 600
Naples, FL 34108
Re: Petition A VESMT -2006-AR-9775
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BfDCK, CLERK
(\ I[)r U--~l ':bJJJLu.Ch(
~ Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.n.us
Fax- (239) 775-2755
Ernail- collierclerk@clerk.collier.n.us
17A
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
Centex Homes
5801 Pelican Bay Blvd
S te 600
Naples, FL 34108
Re: Petition A VESMT -2006-AR-9775
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
DWIG. HT E. FO,CK, ~LERK .
" r;)~-lliQ~J1~
~a Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.c1erk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Advertising discussion
Page 1 of2
Teresa L. Dillard
17 ~4
~; ~
From: HigginsStephen [StephenHiggins@colliergov.net]
Sent: Wednesday, October 25,2006 1 :34 PM
To: Teresa L. Dillard
Cc: Johnson, Connie; LeavittTonia; Hovell, Ronald; Kuck, Tom
Subject: RE: Advertising discussion
Teresa;
Yes, I understand per our phone conversation, the subject items must be rescheduled for the November 28,2006
BCC meeting due to lack of advertising window.
Thank You
Tonia, Connie, Ron and Tom;
Even though I personally delivered all five of these items to the clerks office by noon on Monday, apparently they
did not make it in time to be advertised in advance of the November 14 meeting.
Stephen A. Higgins III, P.S.M.
Collier County Surveyor
Collier County Engineering Services Department
2800 North Horseshoe Drive
Naples, Florida 34104
Phone: 239-530-6885
Fax: 239-530-6201
StephenHigg ins@colliergov.net
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.fl.us]
Sent: Wednesday, October 25, 2006 1:22 PM
To: HigginsStephen
Subject: Advertising discussion
Stephen,
This a follow up to our phone conversation regarding your request for advertising on Avesmt-2006-AR-9674,
AVESMT-06-AR-10083, AVESMT-06-AR-9916, AVESMT-06-AR-9775 and AVROW-06-AR-9477 as you have
missed our deadline with Naples Daily News the earliest these can run would be for the BCC meeting of
November 28. Please confirm this conversation and we will process these ads accordingly,
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
10/2512006
Advertising discussion
Page 2 of2
(Teresa. Di Ilard@clerk.collier.fl.us)
l?A
Under Florida Law, e-mail addresses are public records_ If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity Instead, contact this office by telephone or in writing
10/25/2006
Teresa L. Dillard
17A
To:
Subject:
legals@naplesnews.com
A VESMT -2006-AR-9775
Attachments:
AVESMT 2005-AR-9775.doc; AVESMT 2006-AR-9775.doc
Legals,
Please advertise the following on Sunday November 12, 2006. Any questions, please contact me.
Thank you.
I
A VESMT
;-AR-9775.doc (27 I
AVESMT
;-AR-9775.doc (26 I
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. D ilia rd@clerk.collier. fl. us)
1
17c:~
J. .;;
Teresa L. Dillard
From:
Sent:
To:
Subject:
Clerk Postmaster
Thursday, October 26, 2006 3:30 PM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
A TT1287729.txt; AVESMT-2006-AR-9775
1=:1
~
f.::"71
U
ATT1287729.txt AVESMT-2006-AR-9
(231 B) 775
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
17A
Teresa L. Dillard
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Thursday, October 26, 2006 3:30 PM
Teresa L. Dillard
Delivered: AVESMT-2006-AR-9775
Attachments:
A VESMT -2006-AR-9775
r:::7. ../1
L:::j
A VESMT - 2006-AR-9
775
<<AVESMT-2006-AR-9775>> Your message
To: legals@naplesnews.com
Subject: AVESMT-2006-AR-9775
Sent: Thu, 26 Oct 2006 15:29:45 -0400
was delivered to the following recipient(s):
legalsl NDN on Thu, 26 Oct 2006 15:29:57 -0400
1
A VESMT-2006-AR-9775
Page 1 of 1
17 }~
Teresa L. Dillard
From:
Sent:
To:
Perrell, Pam [paperrell@naplesnews.com]
Thursday, October 26, 20063:38 PM
Teresa L. Dillard
Subject: RE: AVESMT-2006-AR-9775
OK (and that's enough!!!!!!!!!!!!!!!)
,~~~~_<__m~,__,_~,_~~_,____~_,~~,_,_"~~__~~,,,_,'..m_W,_~,_,_"w__",_,,__,,_w'__~'_'__"~_'''~'''''__''___~''~<,_~"_'__'._.'_._,.,~.~,__._.,, "" . "__,_"",,,,",,w_,,,,~,__,,,,,,,,,,_,,,,,_,,_,,,,,,_,,_"'__@w".,~,__,__,_w,~'''_n._.".....'','._......w._,w_._.~..''_'_m_, - "... .u...._,,_.,,_..__._.
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collierJl.us]
Sent: ThursdaYI October 26/2006 3:30 PM
To: legals@naplesnews.com
Subject: AVESMT-2006-AR-9775
Legals,
Please advertise the following on Sunday November 12, 2006. Any questions, please contact me.
Thank you.
<<AVESMT 2005-AR-9775.doc>> <<AVESMT 2006-AR-9775.doc>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Dillard@clerk.collier. fl. us)
Under Florida Law, e-mail addresses are public records. Jfyou do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
10/26/2006
was published in said ncwspapcr
on Novcmber 12, 2006
timc in thc issuc
AVESM1.il.\Il,Ib,Alf7 In
NOf!eE OF ' ,
PUISLIC liliARING .
tt~\I~~,'io=e:~~
ijomml.., ot cof.
D:tll~o n~:::,.~
,CI'~dtf .aooa
F7o:'~ · 3rd
IkIlfdlh .tlon
Gov unty
'3301 ter,
Trail,
e. .The
It.;.YfI,lllrl at
, '"", title .of the
.;r~ OWl: ""olutlon Is
~b11~LWJ~O~ 8~ J~~
~OM~IONERS.. OF
pitlTi .' UN,&T1'd
Aft 91 . .2001-
CLAIMING NN ors.
AND VA.b g CWG
COUNTY'S AND f~f
PUBLIC'S INTEREST IN
THE RIGH1"O'.WAY ANb
DRA'NAGl! EASEMENT
LOCATED IN THE SOUTH
30 FEET OF THE SOUTH
HALF OF THE SOUTH.
WEST ~~'IER OF THE
~~1tf.~f'HO. !{uAim:R
OUAltT!'f()F:"SitlEt8~
Hr TOWNS.HW 48
~<&'~'r r~NGloasu EAST,
FLORIDA. N T Y ,
NOTE: AJlP.,.,ons wish.
In,to speak on any
rllllltd.a Item must regls.
e'.,wlth the County Ad.
mlf' ~ator ))f'lorto pre.
sen~tlonOf the agellde
Item to be. addressed
IndivIdual ..lIle,s wll;
be IImlt~ to 5 'minutes
on any Item. The selec.
tlon of anlndwldual to
speak on behalf of an
OrganIZation.. or group Is
encouraged. If recog.
nlzed b. y tl!l.. e Chllr. a
spokesper$On for a
group or. . Or'anlzatlon
may be alIott4lcl10 .mln-
~~~ to. .peak !In an
NAPLES DAILY NEWS
Publishcd Dail~
Naples. FL l-ll 02
Affidavit of Publication
State of Florida
County of Collier
Beforc the undersigned they serve as the authority, personally
appeared Phil Lcwi~, who on oath says that hc
ser\'es as the Editor of the Naplcs Daily, a daily newspapcr
published at Naples, in Collier County. Florida: distributed
in Collier and Lce countics of Florida: that thc atlachcd cop"
of the advenismg. being a
PUBLIC NOTICE
in thc matter of PUBLIC NOTICE
\tliant ttlrth~-r says that the said Naples Dailv :\ews I'; a new,;paper
f1uhlt'.hed ~t ";aples. in said Collier County. Flo~lda. alllllhal th~ said
nc\\ ,;pap,~r has herctof()re heen cunlltluollsly Pllhli,;hcd 1lI said Collier
County, ~ lorida: dislribukd 111 ('ol11l..:f and r ,ce countic,", of Florida.
r.:ach day and ha~ b~l:n cnt~r.:d as sc(:ond class rnail matter at tht:: post
~,tll...~ li1 >"apks. 111 ~aid Collier County. Flonda. f()r a period or 1
war ncxt precedlllg the fir,;t puhlication oflhe anached copy of
ad\crti,;cmenl: and a11iant tltrthcr say,; that he has neither patd nor
rnwli.;,..'~! any person, firm or corporation any discount rehate,
cor"n:,..If)'l or refund for the purpo,;c of,;ecuring this advcrt"ement for
puh' iOI1 111 the said n' spaper.
is. I..:.. ..JIl3
'.'
D:!'~
r!!.' :;..;
)~,i- "
jo)
~ t
t '.,
.'....,,~.~!>I.
""",~,...,;J.f~_
NI:a:y ....
,.~, :<.,~ , 002tII1I1 !)SIIlIIlll
[,,\\1 1!1 %001
';"'.:C,"'i~'\lt:C
I
, Persol'ls wlsntng to
haVE! wr.'tten Ol'/ll'uhlc
mat!!I.!J Inel\ided. In
e ~lIl'lIagend.. pack.
~:s must submit said
ma ~f fIllnlmWn of 3
we ):the reo
re 'lie_ring.
ter "fO~~
co 'brd
sha ed to
the County
sta '" n mum of sev.
e.n4.1\ts prior-to ttre
PUbllllc earlng; AU ma.
ter. used In presenta.
tlonstefore th,8oard
will become. . perma.
nent part ohlle reCord.
Any person who deCld.
es. to..a.~... .a.l.a decision
of the .d will 0Md .
record . r'oceed.
Inus ~eto
and . Y rleed
to ensure a'verba.
tlm record. 0 the pro.
ceedlng,s .Is ",.de which
record Includes the tes.
tlmony ancl evidence
upon which the appeal
Is based. . .
g8':':I~j8J~Ai 0 U N T Y
COLLIER COUNTY
FLORIDA. '
~~~N K. HALAS, CHAIR.
gL1J~HT 1:. BROCK,
e!: c~esa Dillard. Dep.
(StAL)
~t~ No. 1466056
S'.'.cm to and subscribcd before me
This 17th day ofNO\embcL 2006 ,
.a_"7~~ ~:c:::. z-;---&,?
irc Qf-no~~r'" ",.~,;, . ',..' ~"~"'.,,,,~- '.
./.:
~.- '
--
Advertising
Page 1 of3
17 A
Teresa L. Dillard
From: HigginsStephen [StephenHiggins@colliergov.net]
Sent: Thursday, December 28,20069:23 AM
To: Teresa L. Dillard
Subject: RE: Advertising
Yes!
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collierJl.us]
Sent: ThursdaYI December 28, 2006 9:22 AM
To: HigginsStephen
Subject: RE: Advertising
Is it on for the 9th?
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(T eresa. Dillard@clerk.collier.fl.us)
From: H igg i nsStephen [mailto: Stephen H igg ins@colliergov.net]
Sent: ThursdaYI December 281 20069:09 AM
To: Teresa L. Dillard
Cc: Johnsonl Connie
Subject: RE: Advertising
Teresa,
We are going ahead with AVESMT-2006-AR-9775, Hanson. Are we okay with the advertising with this or will
we need to continue it to the January 23, meeting and advertise again?
AVROW-2006-AR-9477, Golden Gate Estates Unit 95, is being removed from the agenda indefinitely.
Thanks
Steve Higgins
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.fl.us]
Sent: Thursday, December 141 20069:38 AM
To: HigginsStephen
Subject: RE: Advertising
No problem, just keep me informed. I appreciate it
12/28/2006
Advertising
Page 2 of3
17 A
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Dillard@clerk.collier.fl.us)
From: HigginsStephen [mailto:StephenHiggins@colliergov.net]
Sent: Thursday, December 141 2006 9:25 AM
To: Teresa L. Dillard
Subject: RE: Advertising
Teresa;
I am waiting for a response from Norm Feder as to whether these will be rejected and not even make it to the
board. If I have no decision from Norm by Tusday the 19th they will again be continued.
I other words, I'm not sure at this point.
Stephen A. Higgins III, P.S.M.
Collier County Surveyor
Collier County Engineering Services Department
2800 North Horseshoe Drive
Naples, Florida 34104
Phone: 239-530-6885
Fax: 239-530-6201
Stephen H igg ins@colliergov.net
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collierJl.us]
Sent: Thursday, December 14, 2006 9:18 AM
To: HigginsStephen
Subject: Advertising
Good Morning,
Regarding AVROW-2006-AR-9477, Golden Gate Estates Unit 95 and AVESMT-2006-AR-9775, Hanson;
will these need to be re-advertised since they were continued untiI1/9/2007? I will need an email confirmation,
Thank you
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
12/2812006
Advertising
Page 1 of2
17 A
Teresa L. Dillard
From:
Sent:
To:
H igginsStephen [Step hen Higg ins@colliergov.net]
Thursday, December 28,20069:09 AM
Teresa L. Dillard
Cc: Johnson, Connie
Subject: RE: Advertising
Teresa,
We are going ahead with AVESMT-2006-AR-9775, Hanson. Are we okay with the advertising with this or will
we need to continue it to the January 23, meeting and advertise again?
AVROW-2006-AR-9477, Golden Gate Estates Unit 95, is being removed from the agenda indefinitely.
Thanks
Steve Higgins
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collierJl.us]
Sent: Thursday, December 141 20069:38 AM
To: HigginsStephen
Subject: RE: Advertising
No problem, just keep me informed. I appreciate it.
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Dillard@clerk.collier.fl.us)
From: HigginsStephen [mailto:StephenHiggins@colliergov.net]
Sent: ThursdaYI December 14, 2006 9:25 AM
To: Teresa L. Dillard
Subject: RE: Advertising
Teresa;
I am waiting for a response from Norm Feder as to whether these will be rejected and not even make it to the
board. If I have no decision from Norm by Tusday the 19th they will again be continued.
I other words, I'm not sure at this point.
12/28/2006
Advertising
I~e Z of2
Stephen A. Higgins III, P.S.M.
Collier County Surveyor
Collier County Engineering Services Department
2800 North Horseshoe Drive
Naples, Florida 34104
Phone: 239-530-6885
Fax: 239-530-6201
Stephen H igg ins@colliergov.net
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collierJl.us]
Sent: ThursdaYI December 141 2006 9:18 AM
To: HigginsStephen
Subject: Advertising
Good Morning,
Regarding AVROW-2006-AR-9477, Golden Gate Estates Unit 95 and AVESMT-2006-AR-9775, Hanson;
will these need to be re-advertised since they were continued until 1/9/20077 I will need an email confirmation,
Thank you
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. D illard@clerk.collier. fl. us)
12/28/2006
Teresa L. Dillard
17A
To:
Subject:
HigginsStephen
A VESMT -2006-AR-9775
Stephen,
The ad will run on Sunday January 7th for the Jan. 23rd Bee meeting. Since it is too late to advertise for the January 9th
meeting. If you can confirm that it will be continued to the Jan. 23rd Bee meeting. Thank you
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. D i Ilard@clerk.collier. fl. us)
1
A VESMT-2006-AR-9775
Page 1 of 1
17j4
Teresa L. Dillard
From: HigginsStephen [StephenHiggins@colliergov.net]
Sent: Thursday, December 28, 2006 9:39 AM
To: Teresa L. Dillard
Subject: RE: AVESMT-2006-AR-9775
Thank You!
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.fl.us]
Sent: ThursdaYI December 28, 2006 9:35 AM
To: HigginsStephen
Subject: AVESMT-2006-AR-9775
Stephen,
The ad will run on Sunday January 7th for the Jan. 23rd BCC meeting. Since it is too late to advertise for the
January 9th meeting. If you can confirm that it will be continued to the Jan. 23rd BCC meeting. Thank you
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. D iIIard@clerk.collier. fl. us)
12/2812006
A VESMT-2006-AR-9775
Page 1 of 1
17A
Teresa L. Dillard
To: HigginsStephen
Subject: RE: AVESMT-2006-AR-9775
Great I will have it advertised on the 7th.
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Di Ilard@clerk.collier.fl.us)
From: H igg insStephen [mailto: Stephen H iggins@colliergov . net]
Sent: Thursday, December 281 2006 9:39 AM
To: Teresa L. Dillard
Subject: RE: AVESMT-2006-AR-9775
Thank You!
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collierJl.us]
Sent: ThursdaYI December 28, 2006 9:35 AM
To: HigginsStephen
Subject: AVESMT-2006-AR-9775
Stephen,
The ad will run on Sunday January 7th for the Jan. 23rd Bee meeting. Since it is too late to advertise for the
January 9th meeting. If you can confirm that it will be continued to the Jan. 23rd BCC meeting. Thank you
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Di lIard@clerk.collier.fl.us)
12/28/2006
17 At I
December 29, 2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: A VESMT 2006-AR-9775, Hanson
Dear Legals:
Please advertise the above referenced notice on Sunday, January 7, 2007 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
Account No. 113-138312-649110
NOTICE OF PUBLIC HEARING
17A
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, January 23,
2007 in the Boardrooml 3rd Floor, Administration Buildingl Collier
County Government Centerl 3301 East Tamiami Trail, Naplesl
Florida. The meeting will begin at 9:00 A.M. The title of the
proposed Resolution is as follows:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, RELATING TO PETITION AVESMT-2006-AR-9775 HANSON,
DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S
INTEREST IN THE RIGHT-OF-WAY AND DRAINAGE EASEMENT LOCATED IN THE
SOUTH 30 FEET OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP
48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chairl a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any casel
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and thereforel may
need to ensure that a verbatim record of the proceedings is made I
which record includes the testimony and evidence upon which the
appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY I FLORIDA
JAMES COLETTAI CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Dillardl Deputy Clerk
( SEAL)
Dwight E. Brock
Clerk of Courts
.~Ctil!pty-of.G(jlJier
CLERK OF rfHB.ClRCQIT COURT
COLLIER COUNTY QoURTijPUSE
3301 TAMIAMI TliAIL EA;ST
P.O. BOX 4i~044\.
NAPLES, FLORIDA'~,1l 0 l-3d44
~I '
1/ I
,
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
::?-)f
December 29, 2006
John & Nancy Felczak
15 Afton Blvd
Monroe Township, NJ 08831
Re: Petition A VESMT -2006-AR-9775
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 23, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 7, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Teresa Dillard, Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.n.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.n.us
Dwight E. Brock
Clerk of Courts
'CO]J;pfy-ofCtJllier
CLERK OF T""HlrC!RCUIT COURT
, \
COLLIER COUNTY CpURTl\OUSE
3301 TAMIAMI TRAIL EAiST
P.O. BOX 4i~044 \,
NAPLES, FLORIDA ~~101-3d44
~I
t( I
I~~
ii
J,
.~
f!.~
161 'Ii!
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
~: :';"'.'"',
. (
::':1'-;.:1
December 29,2006
Thomas F. Kelly, Jr. & Martha Kelly
10201 Boca Circle
Naples, FL 34109
Re: Petition A VESMT -2006-AR-9775
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 23,2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 7, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Teresa Dillard, Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
'COUnty.' - -of-Collier
"":.l"~ '."_'.. \
CLERK OF THE CIRCUIT COURT
COLLIER COUNTyqo.l URT~O. USE
3301 TAMIAMI ~IL EAlST
P.O. BOX 4~~044 \,
NAPLES, FLORIDA'~,4101-3d44
'1,: I
...,
J .1
" !.,
.
".~' I
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
f.':<:-....
". I
,:]., _;/J
December 29,2006
David & Christine Ericksen
9997 Boca Circle
Naples, FL 34109
Re: Petition A VESMT -2006-AR-9775
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 23, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 7, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Teresa Dillard, Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
.Cai!pt)'U()fC{jlJier
CLERK OF THE'CIRCUIT COURT
'-~ \
COLLIER COUNTY qoURTijOUSE
3301 TAMIAMI TliAIL EAIST
P.O. BOX 4f~044 \,
NAPLES, FLORIDA '~,1101-3d44
'~I
t(,
17A
.f, l'l!
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
.......:',...'.
""":..!-,
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December 29,2006
William & Lesa Hansen
845 Lakeland Avenue
Naples, FL 34110
Re: Petition A VESMT -2006-AR-9775
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 23, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 7, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Teresa Dillard, Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
"
~;~ Ll
Dwight E. Brock
Clerk of Courts
CiiiiJity-ofCollier
CLERK OF THE-"CIRCUIT COURT
. \
COLLIER COUNTYCp..l URTi\OUSE
3301 TAMIAMI T~IL EAtT
P.O. BOX 4~~044 \'"
NAPLES, FLORIDA'M101-3044
~( i
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
" I
:~),.-:.,1
December 29, 2006
Mark Ebelini
Knott Consoer Ebelini Hart & Swett, P .A.
1625 Hendry Street
3 rd Floor
Ft. Myers, FL 33901
Re: Petition A VESMT -2006-AR-9775
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 23, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 7, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Teresa Dillard, Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.t1.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.t1.us
Dwight E. Brock
Clerk of Courts
Go:uii~1-{)fG~llier
CLERK OF T~H:B-'()IRCUIT COURT
COLLIER COUNTy-qoURT~OUSE
3301 TAMIAMI T~IL EAtT
P.O. BOX 4~~044 \,
NAPLES, FLORlDA ~~101-3d44
~/. I
\>
;'n~'
nq~ f /.~ j~.
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
"""";".
>)
December 29,2006
Barry & Cheri Connor
710 Lake1and Avenue
Naples, FL 34110
Re: Petition A VESMT -2006-AR-9775
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 23, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 7,2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Teresa Dillard, Deputy Clerk
Enclosure
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
Coi!:Jity-of,C{)l,lier
CLERK OF THlfCIRCtIIT COURT
COLLIER COUNTYCp.' UR~O. USE
3301 TAMIAMI T~IL EAlST
P.O. BOX 41-~044 \,
NAPLES, FLORIDA ~,1l0l-3d44
'I '
V I
.'. I
,
17.4
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
.:,: ;;.>....
. \, (
:J,,~}
December 29,2006
Michael & Karen Strang
635 Lakeland Avenue
Naples, FL 34110
Re: Petition A VESMT -2006-AR-9775
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 23, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 7, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Teresa Dillard, Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
'COl!:pty--ofC(1)lJier
CLERK OF THf:'CIRClJIT COURT
'- \
COLLIER COUNTY q.'.o URTij,OUSE
3301 TAMIAMI TJM.IL EAtT
P.O. BOX 41\~044 \\
NAPLES, FLORIDA ~.~101-3044
...,1 "
'i/ I
'~'::
17 !~
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
"...,\- (
:~, -'/'
December 29,2006
Jackie & Karen Nipper
801 Lakeland Avenue
Naples, FL 34110
Re: Petition A VESMT -2006-AR-9775
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 23, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 7, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Teresa Dillard, Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
'CQl!p.ty-ofC(l)lJier
CLERK OF TftB-CIRCtJIT COURT
'-- \
COLLIER COUNTY QoURTkOUSE
3301 TAMIAMI TRAIL EAtT
P.O. BOX 4i~044\
NAPLES, FLORIDA~5101-3d44
~I .
V I
>,;
17A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
- I
:J'/<.1
December 29, 2006
Daniel Griffin
840 Lakeland Avenue
Naples, FL 34110
Re: Petition A VESMT -2006-AR-9775
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 23, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 7,2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Teresa Dillard, Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
C OJjjity- ofC(j'1,lier
CLERK OF THB'C!RCUIT COURT
COLLIER COUNTY 'q.'()l URTkO.. USE
3301 TAMIAMI T~IL E~T
P.O. BOX 4~~044 \.
NAPLES, FLORIDA ~,4101-3d44
..;! .
'1{ I
17A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
,- !
;._~,._1
/
December 29,2006
Delasol Homeowners Assn, Inc.
S 80 1 Pelican Bay Blvd
Suite 600
Naples, FL 34108
Re: Petition A VESMT -2006-AR-9775
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 23, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 7,2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Teresa Dillard, Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Email: collierc1erk@c1erk.collier.fl.us
Dwight E. Brock
Clerk of Courts
'CQqpty-of-C(i)llier
"---'-. ,
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY'QoURT~O. USE
3301 TAMIAMI T~IL EA~T
P.O. BOX 4f~044\,
NAPLES, FLORIDA \34101-3044
'1/ i
<'"".
17A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
f
':.:.--;./!
December 29, 2006
Centex Homes
580 I Pelican Bay Blvd
Suite 600
Naples, FL 34108
Re: Petition A VESMT -2006-AR-9775
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 23, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 7, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Teresa Dillard, Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
Teresa L. Dillard
To:
Subject:
legals@naplesnews.com
A VESMT -2006-AR-9775
Attachments:
AVESMT 2005-AR-9775.doc; AVESMT 2006-AR-9775.doc
Legals,
Please advertise the following on Sunday January 7, 2007. Any questions, please contact me. Thank you
AVESMT AVESMT
j-AR-9775.doc (27 I j-AR-9775.doc (26 I
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Di Ilard@clerk.collier.fl.us)
1
17n
~., 1;
/"
Teresa L. Dillard
From:
Sent:
To:
Subject:
ClerkPostmaster
Friday, December 29, 2006 10:28 AM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
A TT2223511.txt; A VESMT -2006-AR-9775
1":..'1
~
~:7J
L:::J
ATT2223511.txt AVESMT-2006-AR-9
(231 B) 775
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
17A
Teresa L. Dillard
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Friday, December 29,2006 10:28 AM
Teresa L. Dillard
Delivered: AVESMT-2006-AR-9775
Attachments:
A VESMT -2006-AR-977 5
~..'"
L.::.J
AVESMT-2006-AR-9
775
<<AVESMT-2006-AR-9775>> Your message
To: legals@naplesnews.com
Subject: AVESMT-2006-AR-9775
Sent: Fri, 29 Dec 2006 10:27:28 -0500
was delivered to the following recipient(s):
legals, NDN on Fril 29 Dec 2006 10:27:36 -0500
1
A VESMT-2006-AR-9775
Page 1 of 1
17 11
Teresa L. Dillard
From: Perrell, Pam [paperrell@naplesnews_com]
Sent: Wednesday, January 03,20078:27 AM
To: Teresa L. Dillard
Subject: RE: AVESMT-2006-AR-9775
OK
(I was out; guess they forgot!)
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.fl.us]
Sent: FridaYI December 291 2006 10:27 AM
To: legals@naplesnews.com
Subject: AVESMT-2006-AR-9775
Legals,
Please advertise the following on Sunday January 7,2007. Any questions, please contact me. Thank you
<<AVESMT 2005-AR-9775.doc>> <<AVESMT 2006-AR-9775.doc>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Dillard@clerk.collier. fl. us)
1/312007
Naples Daily News
Naples, FL 34102
1 A ~1 ~
_~. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~~;~~~~~~ ~~~:~~~~~~:~~~~+_ _ _ _ _ _ _ _ __7_ _ _ _ _ _ _ _ _ _ _ _~~;;:;~~~
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lie, county 'will hold a.
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: B~. county ~
: F.~W(
m wI I bell.n at
pr.lIed~~t~n~
.. ~.
II ~IOW$: '
A RESOLUTION OF THt
800"RD.Of COUNTY
C .MlsltONERS OF
CO LIU. COUNTY.
FL TO
200&-.
A 1. DIS.
A ~ IN~Nll~
G NTV'S AND THE
PUBLIC'SINTlREST IN
Tl1JRIGHT.OF'WAV AND
ORAl NAG! . EASEMENT
LOCATED IN THE SOUTH
30 FEET OF THE SOUTH
HALF OF THE SOUTH.
WEST QUAIUIR OF THE
NORTHWEST.OUARTER
OF THE NORTHEAST
~UARTER OF SECTION
4.. TOWNSHIP 48
OUTH. RANGE 2S EAST,
~~h,&l~ R C 0 U N TV ~
AD SPACE: 113.000 INCH
FILED ON: 01/08/07
---------------------------------------------------+-----------------------
/J , --1
,
BOARD OF COUNTY COMMISSIONERS
CHERI LEFARA
PO BOX 413016
NAPLES FL 34101-3016
REFERENCE: 001230
59338424
113-138312-649110
NOTICE OF PUBLIC HEA
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as Assistant Corporate Secretary of the Naples
Daily News, a daily newspaper published at Naples,
in Collier County, Florida: that the attached
copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been cont~nuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she 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: 01/07 01/07
Signature of Affiant
Sworn to and Subscribed before me
this Jl day
c~;r
;v }C'~
Personally known by me
*** OR: 4191 PG: 3946 ***
of
C>9~
NOTE: All PeI'$Ons wish.
Ing to speak on any
agenda Item must regls.
ter with the C'ounty Ad.
minlstrator prior to pre.
sentatlon of the agenda
Item to be addressed.
Individual speakers will
be limited to 5 minutes
On any Item. The selec.
tlon of an ilKlividuai to
speak on bthaif of an
. organ. izatlon or group Is
encouraged. If recog-
nized by the Chair. a
spokesperson for a
group or organization
may be allottec:t:.l0 mln-
~ to speak on an
Persons wishing to
have written or graphic
materials Included In
the Board agenda pack.
ets must submit said
material a mll'limum of 3
weeks prior to the reo
s~lve p~llc h.rlng.
In aIW case. written ma.
terlals Intended to be
considered by the Board
shall be submitted to
the appropriate County.
staff a mlrllmum of sev.
en days prior to the
~~c ~'lW' All ma:
tlons before t~ee=
will become a perma-
nent part ofthe record.
. Any person who decld-
. es to appeal a decision
I of the Board will need a
record of the proceed.
~~~~~e=
=g:':t~'t~~g~
record Includes the tes"
tlmony and evidence
~~~~Ch the appeal
~~~~'j' ~\".!)
:f 'tiJ (~
,~~.< ~i~
....Oft'O
20~
."~"~
':iorida
.:~,.
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY.
FlORIDA
JAMIS COLETTA.
E!m~
Deputy Clerk
January 7 . No. 1497378
~~!I.III!ij,4'''liII?l<\il;j''''"~~_ill
""'. I' ~,l;lib ti~O ~'Yhi~ ey~a#;,.i'i"
:<~c;:'-'" '~-"F ~'" ,- "" :"~(" <"1'",.,.
I" ~I~bi:'
' " i" ,., 81 tilt GIIiriltnan, With thUileept1ol1 , " ,M.kl~
,I 'bv the office ofth. Coun~ At!o",pvJlli.jl"'~~.ftjllm~.. '
r~sQiUltOlt!;'ett: '~f,ri!li tly tli~ c~~r: Alt~'1:nmce lllla:ifgnatur. pages from .
contracts, ':~eementli, ete.tllat have beell fllItfeil.~~j)~ IKAA~tM acc
Chairman and Clerkin the Board and ossibl StlIteOfticials.) I
2. All handwritten 8trike.throu!lh aqd revisions have, been initialed by the County Att9m9Y'~ ,~
Office and all other artfe8 exee the BCC Chiifnnim and the Clerk to the Board
3. ~~:u~~~~: ~~rr~~eo;ii~~e~a~~~ftJ!jlt~~'lfi~~app,:~p{ thr
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
signature and initials are re uired, . I I " ..
. .i..... S. In most cases (some contraets are an exceptioll), the,~ginal docu~t and this routingslip, ,
"'.Id' "'I ,,~I/.W,b.Pl,IilYide8-lQ~il&lmin the B'CC office within 24 hoursofBCC approva!.' .~
Some documents are time sensitive and require forwarding to Tallahassee within a certai'l
time frame or the BCe's aations are nullified. Be.aware of Our deadlinksf' +" ''',. . i, -C, \ .
6. The document w~$, ,'!J/Rfll}'ll4 bytbe ace OD,' '(t!tItW_liIl1hlhll1lli
4lfrlng the ~eet/ng have b~en inco~J.1~". ,~.,W-,t . !I~~ The ~n option ~or i
County Attorrtey'S Ofrfce bas rlivtewed IIIII' c1liin es Ii. a I cable.. I '" II , .' .I,?, 6", '.',1"""'.;,"'11
,', I;""~". I. ,. """"._ "'!''''I'<'':I~'j'!l>''''>1l",,,,..~it.'''jf~'~lii_'.I1ilIWi.Mi..~",,,~i!f' ',.. 1!'IIrqJ"I"~.ii.I'~,lJl. *i1I~i1;>i ~
I: Fonns! County F'orrnsl Bee FOnnslOriginal Documents Routing Slip WWS Ongina19.03.04, Revised 1.26.P:tRevi~;~4;4~O!i ' ,
'-;'"v"';~.~~AI!..l'M~o.~1~_ .
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17A
""
:~~
RESOLUTION NO. 07-~
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION AVESMT -2006-AR-9775 HANSON,
DISCLAIMING, RENOUNCING, AND VACATING THE
COUNTY'S AND THE PUBLIC'S INTEREST IN THE RIGHT-
OF-WAY AND DRAINAGE EASEMENT LOCATED IN THE
SOUTH 30 FEET OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 24,
TOWHSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA.
WHEREAS, pursuant to Section 336.09 and 336.10, Florida Statutes,
Petitioners, William H. & Lesa L. Hanson, have requested the vacation of the
County's interest in the right-of-way and drainage easement located in the south 30
feet of the south half of the southwest quarter of the northwest quarter of the
northeast quarter of Section 24, Township 48 south, Range 25 east, Collier County,
Florida, and
WHEREAS, the Board has this day held a public hearing to consider
Petitioners' request, and notice of said public hearing was given as required by law;
and
WHEREAS, the granting of the vacation will not adversely affect the
ownership or right of convenient access of the property owners; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in
the right-of-way and drainage easement specifically described and depicted in
Exhibits 'A' and 'B' is hereby vacated, extinguished, renounced and disclaimed, and
this action is declared to be in the Public's interest and for the Public's benefit.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board
is hereby directed to record a certified copy of this Resolution in the Official
Records of Collier County, Florida; to publish notice of adoption of this
Resolution within thirty (30) days of adoption; and to record such proofs of
publication as required by Section 336.10, Florida Statutes.
This Resolution adopted after motion, second and majority vote favoring
same, this ~~r-R day of ~ ,2007.
DATE: l-d9-o-=t
ATTEST:
~~.~o~c. K, CLERK
"', ~..l ,C.L
.- :.~ ~." ;' , . . . ..< ..:' ~ ' . -.
.. .. ~'..~_to'a..fr'IIU ,
. S ~1r!,t!Jt'.' ~n 1 'If ..
, ... . ',\ '"
ApP"tQyed as to)form and legal
suffi . . cy~ ...."..
BOARD OF COUNTY COMMISSIONERS
::LLlER~7~
JIM COLETTA . CHAIRMAN
3981846 OR: 4191 PG: 3944
RECORDED in OFFICIAL RBCORDS of COLLIER COURTY, FL
03/05/2007 at 10:18AM DWIGHT E. BROCK, CLBRK
REC FBE 27.00
Retn:
CLBRK TO THE BOARD
INTBROFFICB 4TH FLOOR
BIT 8406
J.7A
~
January 26,2007
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Adoption of Resolution No. 2007-21
Petition A VESMT -2006-AR-9775; Hanson
Dear Legals:
Please advertise the above referenced notice of adoption on Tuesday, February
6, 2007, and kindly send the Affidavit of Publication, in duplicate, together with
charges involved to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.o. 113-138312-649110
). 7 A1f,
~
NOTICE OF ADOPTION
Notice is hereby given that on the 23rd day of January, 2007, the
Board of County Commissioners of Collier County, Florida, adopted
Resolution 2007-21, Petition A VESMT 2006-AR-9775 Hanson, to
Disclaim, Renounce and Vacate the County's and the Public's Interest
in the Right-of-Way and Drainage Easement located in the South 30
feet of the South Half of the Southwest Quarter of the Northwest
Quarter of the Northeast Quarter of Section 24, Township 48 South,
Range 25 East, Collier County, Florida.
Resolution 2007-21 may be viewed in the Office of the Clerk to the
Board, Minutes & Records Department, 4th Floor, Administration
Building, Collier County Government Center, 3301 East Tamiami
Trail, Naples, Florida.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, Chairman
DWIGHT E. BROCK, Clerk
BY: Ann Jennejohn, Deputy Clerk
(SEAL)
Ann P. Jennejohn
17A
-
To:
Subject:
legals@naplesnews.com
Notice of Adoption Resolution 2007-21; AVESMT-2006-AR-9775
Attachments:
Notice of Adoption Reso 07-21.doc; Notice of Adoption Res. 07-21.doc
Please advertise the attached on Tuesday February 6, 2007.
Thank you,
Notice of Adoption
Reso 07-21....
Notice of Adoption
Res. 07-21....
Ann
Clerk to the Board
Minutes & Records Department
774-8406
(ann.jennejohn@c1erk.coll ier. f I.us)
1
17A
~.l
Ann P. Jennejohn
From:
Sent:
To:
Subject:
Clerk Postmaster
Friday, January 26. 2007 1 :04 PM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT1031956.txt; Notice of Adoption Resolution 2007-21; AVESMT-2006-AR-9775
[j.,.,
:,_::::.
,-
ATT1031956.txt Notice of Adoption
(229 B) Resolution ...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
17A
4
l
Ann P. Jennejohn
Attachments:
System Administrator [postmaster@naplesnews.com]
Friday, January 26, 2007 1 :04 PM
Ann P. Jennejohn
Delivered: Notice of Adoption Resolution 2007-21; AVESMT-2006-AR-9775
Notice of Adoption Resolution 2007-21; AVESMT-2006-AR-9775
From:
Sent:
To:
Subject:
Notice of Adoption
Resolution ...
<<Notice of Adoption Resolution 2007-21; AVESMT-2006-AR-9775>> Your message
To: legals@naplesnews.com
Subject: Notice of Adoption Resolution 2007-21; AVESMT-2006-AR-9775
Sent: Fri, 26 Jan 2007 13:03:46 -0500
was delivered to the following recipient{s):
legals, NDN on Fri, 26 Jan 2007 13:03:58 -0500
1
Notice of Adoption Resolution 2007-21; A VESMT-2006-AR-9775
17A
p~~ 1 of 1
Ann P. Jennejohn
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Friday, January 26, 2007 2:08 PM
To: Ann P. Jennejohn
Subject: RE: Notice of Adoption Resolution 2007-21; AVESMT-2006-AR-9775
OK
From: Ann P. Jennejohn [mailto:AnnJennejohn@c1erk.collierJl.us]
Sent: Friday, January 26, 2007 1:04 PM
To: legals@naplesnews.com
Subject: Notice of Adoption Resolution 2007-21; AVESMT-2006-AR-9775
Please advertise the attached on Tuesday February 6, 2007.
Thank you,
<<Notice of Adoption Reso 07-21.doc>> <<Notice of Adoption Res. 07-21.doc>>
Ann
Clerk to the Board
Minutes & Records Department
774-8406
(ann.jennejohn@ c lerk.coll i er. fl.us)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records
request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1/26/2007
OR: 4191 PG: 3945
17A
.~~
NAPLES DAILY NEWS
Published Dail~
Naples. FL 3-+102
Affidavit of Publication
State of Florida
County of Collier
PUBLIC NOTICE
8110 ....
."'..
AVESMNoOI-Ailiffl
NOTICE OF ADOPTION
Notice Is henIb. Y. llIv-
en that on the Dril Clay
of January. 20.'. the
BOllrd of CountY.Com-
missioners of Collier
County, Florkla. adOIlted
Resolution 2001-21. Peti-
tion AVESMT 20ij6-AR-
9775 Hanson, to Dis-
claim. Renounce and
VecIlte. tIle-~s ana
thhe PLlblfc's Interest .In
t e Rioht.ol'~Wa' d
Draln~eEa
cated In the
feet of the SOdtf't
the SouthwlIst uarter
of the NQrthwes Quar-
ter of the Nortfiea.st
Ouarter of Section 24.
Townsblp 48SQuth.
Ranoe n ~.st.. CtlHer
Cour1tY. Florida. '
ResolutI0ll2007.21
rn_~be vleWllt In the
OffIce of the Clllli'k to the
Bllard, Minute. & Re- -
cords Depat"tme!lt,. 4th
Floor. Adm .
BUilding, 'co
GO'l'ernme
3301 East T
Naples, F1orl~
BOARD OF COlJNTV
COMMISSIONERS .
COLLIER cotJtnv.
FLORIDA
JAMES CoLETTA. I
Chairman ' .
DWIGHT Eo ~Clerk
BV: Ann ~ Dep_
uty Clerk ... ..
(SEAL)
Feb. 6 /(0. 1513Ul
Before the undersigned they sef\'e as the authority, personally
appeared B. Lamb. who on oath says that they
sef\'e as the Assistant Corporate Secretary of the Naples Daily.
a daily newspaper published at Naples. in Collier County.
Florida; distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising. being a
in the matter of PUBLIC NOTICE
was published in said newspaper I time in the isslle
on February 6th, 2007
Amant further says that the said Naples Daily News is a newspaper
puhlished at "Japles. in said CollIer County. Florida, and that the said
newspaper has herdofore been continuously published in said Collier
County. Florida: distributed in Collier and Lee counties of I'lorida.
each day and has been entered as second class mail matter at thc post
onice in :-';aples, in said CollIcr County, Flonda. f(,r a period of 1
year next preceding the first publication of the attached copy of
advcrtisement: and aman! further says that he has neither paid nor
promised any person, firm or corporation an~ discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
;:l.A
( Signature of affiant)
Sworn to and subscribed before me
This 6L~ of February 2007.
~
\, . O~~-
(Signature 0 notary public)
~. .~~
. ...~ .
,~.r
~ Of ,~<F
Not/ll'y Public Stille of Florida
Sv5,lr1 0 Floro
My CommiSSion OD382729
Expires 01/02/2009
FEI 59-2578327
-'''''
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
178
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement Other:
(Display Adv., location, etc.) ~
*********************************************************************1J* * *****~*f*~I**********
Originating Dept/ Div: Comm.Dev.Serv.l Planning Person:Michael J. DeRuntz, CF ate: /II':/( tJLf
Petition No. (If none, give brief description): SY-2006-AR-9400, Swamp Buggy Sign Yari ce
Petitioner: (Name & Address): RWA, Inc., Robert J. Mulhere, Dir. of Planning, 6610 Willow Park Drive, #200, Naples, FL 34109
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Mr. David
Torres, Assistant YP., Toll-Rattlesnake, LLC, 28341 S. Tamiami Trail #4, Bonita Springs, FL 34134
Requested Hearing date:---1
O:~r
,iil.3!":!Based on advertisement appearing 15 days before hearing.
Hearing before BCC BZA
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size): Petition: SY-2006-AR-9400, David Torres, of
Toll-Rattlesnake, LLC, represented by Robert J. Mulhere, of R W A, Inc. requesting an After- The-Fact Sign Yariance for the Swamp
Buggy Races/Florida Sports Park. The Sign Variance requested is to allow the existing non-conforming (Location, Size and
Height) off premise sign to exist at its existing location for a period of not more than a maximum of three years. The subject
property is Collier County public Right-of-Way (ROW) Collier Boulevard (CR 951) and South Florida Water Management
District (SFWMD) Big Cypress Basin easement along Collier Boulevard is located on the southeast corner of Collier Boulevard
and Rattlesnake-Hammock Road, in Section 14, Township 50 South, Range 26 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
113-138312-649110
No If Yes, what account should be charged for advertising costs:
Reviewed by:
~ 'fn.~:J ;~ //0,/0:(;
-Department Head Date I '/'
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for me.
***************************************************************************************************
FORCLERK'&OFp1 U~EONLY: I b-.k'1 . In 1".-,
Date Received: ,2- [.1 CI..oDate of Public hearing: ~ Date Advertised: ~ -t'
178
I
i
i
I
RESOUjTION NO. 06-
! I
RELATING TO PETITION NUMBER SV-2006-AR-9400, FOR
AN AFTER-THE-FACT SIGN VARIANCE FOR THE SWAMP
BUGGY RACES/FLORIDA SPORTS PARK. THE SIGN
VARIANCE REQUESTED IS TO ALLOW THE EXISTING
NON-CONFORMING (LOCATION, SIZE AND HEIGHT) OFF-
PREMISES DIRECTIONAL SIGN TO REMAIN AT ITS
EXISTING LOCATION FOR A PERIOD OF NOT MORE THAN
THREE YEARS. THE SUBJECT PROPERTY IS LOCATED
ON THE SOUTHEAST CORNER OF COLLIER BOULEVARD
AND RATTLESNAKE - HAMMOCK ROAD (CR 864) ON
PROPERTY HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida inl Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 04-41) which establishes regulations for t~e zoning of particular geographic
I
divisions of the County, among which is the granting of variances; and
,
WHEREAS, the Board of Zoning Appeals has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of an after-the-fact sign
variance to allow the existing non-conforming (Location, Size and Height) off-premises
directional sign to remain at its existing location for a period of not more than three years. The
subject property is located on the southeast corner of Collier Boulevard and Rattlesnake-
Hammock Road (CR 864) as shown on the attached site plan, Exhibit "A", and has found as a
matter of fact that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Section 9.04.00 of the
Zoning Regulations of said Land Development Code for the unincorporated area of Collier
County; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
The Petition SV-2006-AR-9400 filed by Robert J. Mulhere of RWA, Inc., representing
Mr. David Torres of Toll-Rattlesnake, LLC, with respect to the property hereinafter described
as:
Parcel 17 of Section 14, Township 50 South, Range 26 East of Collier
County, Florida.
lof2
1 -~ (J
10
be and the same hereby is approved for an after-the-fact sign variance for the Swamp Buggy
Races/Florida Sports Park. The after-the-fact sign variance requested is to allow the existing
non-conforming (Location, Size and Height) off-premise directional sign to remain at its
existing location for a period of not more than three years. The off-premise directional sign is
within Collier County public right-of-way, Collier Boulevard (CR 951), and South Florida
Water Management District (SFWMD) Big Cypress Basin easement along Collier Boulevard
and is located on the southeast corner of Collier Boulevard and Rattlesnake-Hammock Road
(CR 864) as shown on the attached Site Plan, Exhibit "A", wherein said property is located,
subject to the following conditions:
1. The off-premise directional sign shall be allowed to remain in place for three years from
the date of BZA approval, or the permanent relocation of the Swamp Buggy activity is
completed, whichever comes first.
2. A right-of-way permit shall be secured within two months from the date of BZA
approval.
3. A building permit shall be secured within two months from the date of BZA approval.
4. The required landscaping shall be planted around the base of the off-premise directional
SIgn.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV-
2006-AR-9400, Swamp Buggy Sign Variance be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this day of , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
i
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRANK HALAS, CHAIRMAN
Klatzkow
Assistant County Attorney
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178
December 21, 2006
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: SV -2006-AR-9400, Swamp Buggy Sign Variance
Dear Legals:
Please advertise the above referenced petition on Sunday, January 7, 2007 and
kindly send the Affidavit of Publication, in duplicate, together with charges involved
to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O.!Account # 113-138312-649110
178
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, January 23,
2007, in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-2006-AR, FOR AN
AFTER-THE-FACT SIGN VARIANCE FOR THE SWANP BUGGY RACES/FLORIDA
SPORTS PARK. THE SIGN VARIANCE REQUESTED IS TO ALLOW THE EXISTING
NON-COMFORMING (LOCATION, SIZE AND HEIGHT) OFF-PREMISES
DIRECTIONAL SIGN TO REMAIN AT ITS EXISTING LOCATION FOR A PERIOD
OF NOT MORE THAN THREE YEARS. THE SUBJECT PROPERTY IS LOCATED ON
THE SOUTHEAST CORNER OF COLLIER BOULEVARD AND RATTLESNAKE -
HAMMOCK ROAD (CR 864) ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
Petition: SV-2006-AR-9400, David Torres, of Toll-Rattlesnake, LLC,
represented by Robert J. Mulhere, of RWA, Inc. requesting an
After-The-Fact Sign Variance for the Swamp Buggy Races/Florida
Sports Park. The Sign Variance requested is to allow the existing
non-conforming (Location, Size and Height) off premise sign to
exist at its existing location for a period of not more than a
maximum of three years. The subject property is Collier County
public Right-of-Way (ROW) Collier Boulevard (CR 951) and South
Florida Water Management District (SFWMD) Big Cypress Basin
easement along Collier Boulevard is located on the southeast
corner of Collier Boulevard and Rattlesnake-Hammock Road, in
Section 14, Township 50 South, Range 26 East, Collier County,
Florida.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
lilt! 7 D
~ D
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
Martha Vergara, Deputy Clerk
( SEAL)
Teresa L. Dillard
1"" "'~.~
'I
To:
Subject:
legals@naplesnews,com
SV-2006-AR-9400
Attachments:
SV -2006-AR-9400.doc; SV -2006-AR-9400.doc
Legals,
Please advertise the following on Sunday January 7,2007. Any questions. please contact me.
Thank you
5V-2006-AR-9400.d 5V-2006-AR-9400.d
oc (27 KB) DC (28 KB)
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239- 77 4-8411
(Teresa. D illard@Clerk.collier.fl.us)
1
Teresa L. Dillard
'1 ..""" n
e,l {' b
From:
Sent:
To:
Subject:
ClerkPostmaster
Thursday, December 21, 2006 1 :27 PM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
A TT1665673.txt; SV-2006-AR-9400
12:1
~
fC"71
L:::J
ATT1665673.txt
(231 B)
5V-2006-AR-9400
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
December 21,2006
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 T AMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17B
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Mr. David Torres
Assistant VP
Toll-Rattlesnake LLC
28341 S. Tamiami Trail #4
Bonita Springs, Florida 34134
Re: Notice of Public Hearing to consider Petition
SV-2006-AR-9400: Swamp Buggy Sign Variance
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 23, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 7, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.c1erk.collier.n.us
Fax- (239) 775-2755
Email-collierclerk@c1erk.collier.n.us
December 21, 2006
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
1,'.78;
t.f
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
RWA, Inc.
Robert J. Mulhere
Dir. of Planning
6610 Willow Park Drive # 200
Naples, Florida 34109
Re: Notice of Public Hearing to consider Petition
SV-2006-AR-9400: Swamp Buggy Sign Variance
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 23, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 7, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara, Deputy Clerk
Enclosure
Phone- (239) 732-2646 Fax- (239) 775-2755
Website- www.clerk.collier.fl.us Email-collierclerk@clerk.collier.fl.us
17
,
Teresa L. Dillard
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Thursday, December 21, 2006 1 :28 PM
Teresa L. Dillard
Delivered: SV-2006-AR-9400
Attachments:
SV-2006-AR-9400
~
U
5V-2006-AR-9400
<<SV-2006-AR-9400>> Your message
To: legals@naplesnews.com
Subject: SV-2006-AR-9400
Sent: Thu, 21 Dec 2006 13:27:26 -0500
was delivered to the following recipient{s):
legals, NDN on Thu, 21 Dec 2006 13:27:40 -0500
1
SV -2006-AR-9400
Teresa L. Dillard
From:
Sent:
To:
Perrell, Pam [paperrell@naplesnews.com]
Thursday, December 21, 20062:21 PM
Teresa L. Dillard
Subject: RE: SV-2006-AR-9400
OK
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collierJI.us]
Sent: Thursday, December 21, 2006 1:27 PM
To: legals@naplesnews.com
Su bject: SV - 2006-AR -9400
Legals,
Please advertise the following on Sunday, January 7,2007. Any questions, please contact me.
Thank you
<<SV -2006-AR -9400 .doc>> <<SV -2006-AR-9400 .doc>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Dill ard@clerk.collier. fl. us)
12/21/2006
Page 1 of 1
17'1
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as thc authority, personally
appearcd B. Lamb, who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a daily newspapcr published at Naples, in Collier County,
Florida; distributed in Collicr and Lee countics of Florida; that
the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said ncwspaper 1 time in the issue
on January 7ili
2007
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
otlice in Naples, in said Collier County, Florida, for a period of I
year 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.
;J. --/~1
( Signature of affiant)
S\vorn to and subscribed before me
This 7 day of January, 2007
==hr'
,',. ,;~CA.(\
(Signature of notary public)
t'jO:3rv PubliC StatE oi~: if)(1(ki
;>......,,' "ve<c
:. c:" .;
;.A - -~ t::
T~Of f\.rf~
SuSJr' Ci ::h)rr:
!,,'1v COini11lSSiGI' l)lX)S2729
o 1/02!20U~:
FEI 59-2578327
VARIANCE '1
IS TO AU.OW.
ING NON.COM
(LOCATION S
HEIGliT) OF'. MISES
DIRECTIONAL SIGN TO
RWAlN AT ITS' NG
LOCATION FOR I-
OD,.2't=OT
TH.."I ' . . THli
JECf ,p 0" ,TY I
CATliDONTHE SO
EAST OFCOL-
LIEII AIO, AND
RAn E . -
Mac (CR
ON PROP ltrY HI -'
AfTER DESCRIBE IN
COLLIER' COUNTY,
FLORIDA.
PetitIon: SV-J,Oot.AR-
$100, DavId Torre., of
T-oll-Rattlllsnake. LLC,
"'P~~RoIIllrt J. '
MUthet'f. of ,'. Inc:. re-
Q,uestl.,gan A er-fliMt.
F~ SI"n VarlMce for
the swamp' BU-IIY
lIaceslF! oftda Spofits
Park. 1M SlanVlIrlence
fequest,ed ,rs to allow
the ,.xlstln" non-eon-
fo""ln, (Location. Size
and Hel,ht) off pl'8mlP
sign to exIst at.lts 1I(IIl,
~1 ~o;:!lon fOf a' Pel'. I,Od
moNt-~
mall-Im\lrn of thfee
yevs. The IUbIett PfOP-
efty Is CoHllIf County,
IH"!>H~ lll,"t-of-Way'
IIlei' Ioultvafd
and Uuth.flOt.'l-
ef M.,n~t
IS, .~ct(SFWMDl"o
cvotft$ BUIn .~.
ar6noCoHIer~ard I
Is loceted on __ .
i....st,, corner 01., ,I
Boulevafd and; le-
'snake'H4mmocfC,. ,. looad.
In ~on 14, TOWrIshlp
50 SoI.lth.llange 211 East.
COk c~,~l/)rl~
17B
p ;t~,
r~~'~n w:r~
~~.~~:
~. ' 01' to Pl1l-
sifttatlOn 0 a
ltemtlJ bt
IndMdUllI .
bellmttlld
on 1II1Y1tem.
tlon of an. Ind, 1vk'JUa1 to !
SPtak on IIehalf Of an
~==~. Ofln:!~~
nlzed by the Chalf, a
spokespefson for a
1itr;;;~~~ '
Item.
PefSlJnswlshln" to
m:.T.~'"na~~
ets 'iiil'i ,1l.!J!mTt said
material alftlllllm!rn of 3
~1I prIor to there-
specllvepul)"c hearll'lg.
~~tfo"b~
the' appropriate
:!=c:e:m~i!
terlal used In prqenta-
:t=~~~~~1
An~ Id-
~H I~i
"'" " d-
Ings tllereto
.may.,....
to e!llUl'e at a !lema-
~';1~ttIe~rg.;
record Includes the ta-
t! mon)' and evIdence
upon which the.....ppeal
Is based. '
BOARD OF COUNTYI
COMMISSIONEll$
COLLI F;R cO U NTY,
FLORIDA
Dwuun'E. 8ll0CK,
CLERK .
~~ Vergafa. Peputy
(SEAL)
Jan. 7 No. 1494868
178
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item,)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceotion of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
I.Connie Johnson CDES Administration
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Michael J. DeRuntz, C.F.M., Phone Number 403-2416
Contact Principal Planner,
Zonin!! and Land Dev. Review
Agenda Date Item was January 23, 2007 Agenda Item Number 17B
Approved by the BCC
Type of Document SV Resolution (AR-940t D4 - Z-'L Number of Original 1
Attached ')(} Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on 1/23/07 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
N/A (Not
A licable)
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date: January 29,2007
To: Mike DeRuntz, Planner
Zoning and Land Development
From: Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re: Resolution 2007-22
"Sign Variance"
178
Enclosed please find ODe (1) copy of the documents, as referenced
above, (Agenda Item #17B), adopted by the Board of County
Commissioners on Tuesday, January 23, 2007.
If you should have any questions, please contact me at 774-8411.
Thank you.
Enclosure
l?B
RESOLUTION NO. 07-~
RELATING TO PETITION NUMBER SV-2006-AR-9400, FOR
AN AFTER-THE-FACT SIGN VARIANCE FOR THE SWAMP
BUGGY RACES/FLORIDA SPORTS P ARK. THE SIGN
VARIANCE REQUESTED IS TO ALLOW AN EXISTING
NON-CONFORMING, OFF-PREMISES DIRECTIONAL SIGN
TO REMAIN AT ITS EXISTING LOCATION FOR A PERIOD
OF NOT MORE THAN THREE YEARS. THE SUBJECT
PROPERTY IS LOCATED AT THE SOUTHEAST CORNER OF
COLLIER BOULEVARD AND RATTLESNAKE-HAMMOCK
ROAD ON PROPERTY HEREINAFTER DESCRIBED IN
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 04-41) which establishes regulations for the zoning of particular geographic
divisions of the County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals (BZA) has held a public hearing after notice
as in said regulations made and provided, and has considered the advisability of an after-the-fact
sign variance to allow an existing, non-conforming off-premises directional sign (hereinafter
referred to as the "Sign") to remain at its existing location for a period of not more than three
years. The Sign is located on the southeast corner of Collier Boulevard and Rattlesnake-
Hammock Road, as shown on a site plan attached as Exhibit "A." The BZA has found as a
matter of fact that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Section 9.04.00 of the
Zoning Regulations of said Land Development Code for the unincorporated area of Collier
County; and
WHEREAS, all interested parties have been given the opportunity to be heard by this
Board in public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
The Petition SV-2006-AR-9400, filed by Robert J. Mulhere of RW A, Inc., representing
Mr. David Torres of Toll-Rattlesnake, LLC, with respect to the property hereinafter described
as:
Parcel 17 of Section 14, Township 50 South, Range 26 East of Collier County,
Florida,
be and the same hereby is approved for an after-the-fact sign variance for the Swamp Buggy
Races/Florida Sports Park. The Sign may remain at its existing location as shown on Exhibit
"A," subject to the following conditions:
1. The Sign shall be allowed to remain in place until the earlier of the permanent relocation
of the Swamp Buggy venue or upon written request by the Collier County Transportation
Division to accommodate improvements to Collier Boulevard or Rattlesnake-Hammock
1 of 2
178
Road. In any event, unless otherwise extended by this Board, the Sign must be removed no
later than three years from the date of this Resolution. All costs associates with the removal
or relocation of the Sign shall be borne by the applicant;
2. A right-of-way permit, if required, shall be secured within four months from the date of
this Resolution;
3. A building permit application shall be submitted to Collier County within four months of
the date of this Resolution; and
4. Required landscaping shall be planted around the base of the Sign. A planting plan shall
be submitted to Collier County with the building permit application. The Applicant may
utilize manual irrigating techniques if the planting plans include xeric or drought tolerant
plants.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV-
2006-AR-9400, Swamp Buggy Sign Variance, be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
)j(~~ J
Done this ~J day of CtYl UQ..fV , 2007.
(
. f
,'~:. ~ ~.:1_?~1;1 ,-iL, ,',
,A1'TEST: -"',;:
. 'DWIGHT E. BR0CK, CLERK
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BOARD OF ZONING APPEALS
COLLIER~O Y, FLOIDA
-_C~ ~.
By:
JAMES COLETTA, CHAIRMAN
a kow
ssistant County Attorney
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