Backup Documents 09/08/2015 Item #16F1B (8/25/15 Absentia) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .l F 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office SAS 8/18/2015
4. BCC Office Board of County
Commissioners \rit,l, ,�/ czkitc(\\s
avA
5. Minutes and Records Clerk of Court's Office --fe- et \q I t,' ''''K
PRIMARY CONTACT INFORMATION
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,may need to contact staff for additional or missing information.
Name of Primary Staff John Houldsworth Phone Number x-5757
Contact/ Department
Agenda Date Item was August 25,2015 Q► \.. Agenda Item Number 16-A2
Approved by the BCC . '9, a:,k tto—�-\ -:—?::) )
Type of Document Agreement—Montiano Excavation Number of Original Two
Attached Performance Agreement&Letter of Credit Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? S - —N#A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. 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 JH
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the S
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's N/A
signature and initials are required. 5S
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
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 your deadlines!
8. The document was approved by the BCC on August 25,2015 a d all han es mad ,7s.
during the meeting have been incorporated in the attached docuumetirt. he&lnty i
Attorney's Office has reviewed the changes,if applicable. 5i=
16F1
MEMORANDUM
Date: September 9, 2015
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Excavation Performance Agreement & Performance Bond -
Montiano
Attached for your records is a copy of the agreement referenced above,
(Item #16F1-B) adopted by the Board of County Commissioners September 8,
2015.
If you need anything further, please feel free to contact me at 252-8411.
Thank you.
Attachment
1 F 1
2015 Executive Summaries approved in Board's absence
August 25, 2015 In Absentia Meeting Items to be presented at the
September 8, 2015 BCC Meeting
Page 1
Item 16F1
Approval of the following documents by the County Manager is subject to formal
ratification by the Board of County Commissioners. If the decision by the County
Manager is not ratified by that Board, the document(s) shall be enforceable against
Collier County only to the extent authorized by law in the absence of such ratification by
that Board.
A. Recommendation to approve an Excavation Performance Agreement and
Excavation Performance Bond for Kalea Bay, Application Number
PL20150001749 and to authorize the County Manager to execute the Agreement
on behalf of the Board of County Commissioners.
B. Recommendation to approve an Excavation Performance Agreement and
Excavation Performance Bond for Montiano, Application Number
PL20140002750 and to authorize the County Manager to execute the Agreement
on behalf of the Board of County Commissioners.
C. Recommendation to approve Change Order No. 1 to Request for Quotation 14-
6213-28 in the time-and-materials not to exceed amount of $289,532 with
Douglas N. Higgins, Inc., for unforeseen conditions on "Bay Colony Shores Fire
Main Conversion," Project Number 71010.
D. Recommendation to suspend any new work under the below-referenced
contracts and the award of any new contracts to Al Benarroch d/b/a Affordable
Landscaping Services and Design LLC and to withhold payments there under,
pending a final review and reconciliation of certain actions undertaken by the
vendor, and subject to the pending criminal proceedings against Al Benarroch,
the expiration of those contracts and/or the future recommendation to terminate
those contracts by the Procurement Services Director.
E. Miscellaneous Correspondence.
1 6 F1
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this / day of
, 201 S between/'i,~ Ilo,+,rs u Lhereinafter referred to as "Developer," and the
Board of County Commissioners of Collier County, Florida, hereinafter referred to as the
"Board".
WHEREAS, Developer has applied for an excavation permit in accordance with Section
22-106, et al. of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.10 (collectively, the "Excavation
Regulations"); and
WHEREAS, the Excavation Regulations require the Developer to post appropriate
guarantees and execute an Excavation Performance Security Agreement statin applicant will
comply with the Excavation Regulations and Excavation Permit No. PL20'N�0002750 (the
"Excavation Permit").
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 agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work").
2. Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $
54,920.00.
3. In the event of default by Developer or failure of Developer to complete the
Excavation Work within the time required by the Excavation Regulations and
Excavation Permit, Collier County, may call upon the excavation performance
security to insure satisfactory completion of the Excavation Work.
4. The Excavation Work shall not be considered complete until Developer notifies
the County that the Excavation Work is complete and the final Excavation Work
is reviewed and approved by the County Manager or designee for compliance
with the Excavation Regulations.
5. The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Excavation Work is complete, either:
a) notify Developer in writing of his approval of the Excavation Work; or b) notify
the Developer in writing of his refusal to approve the Excavation Work, therewith
specifying those conditions which Developer must fulfill in order to obtain the
County Manager's approval of the Excavation Work.
6. In the event Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or designee
may call upon the excavation performance security to secure satisfactory
completion, repair and maintenance of the Excavation Work. The Board shall
have the right to construct and maintain, or cause to be constructed or
1 6F1
maintained, pursuant to public advertisement and receipt and acceptance of bids,
the Excavation Work. The Developer, as principal under the excavation
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 Developer to fulfill all of the provisions of this
Agreement.
7. All of the terms, covenants and condition herein contained are and shall be
binding upon Developer and the resp tive successors and assigns of
Developer.
IN WITNESS WHEREOF, the Board and Develope ave cased this Agreement to be
executed by their duly authorized representatives this I h" ay of ; •c,.5 r , 20 j j.
•
SJGNE HE PRESENCE OF:
...-„,_--- - (Name of Entity c�rvirMts LLQ
`c" > ri �(�n-izra5 By:
Printed ame ` Ours y‘ .McM.;rrcty / rj,e
Printed Name/Title
�i �� (President, VP, or CEO)
/ [ h Provide Proper Evidence of Authority)
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Printed Name `�'�
N I
ATTEST:
DWIGHT E.'`:BRQCK, CLERK BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
_._.. .. _-/- 1 41 By: j4144te ._
A —
ahi e k.1 an'S TIM NANCE, CHAIRMAN
Pre."-k-1_, 1V1
GM� •
;t' . -re t form and legality:
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A - • 54-.0.42.- BSc. -t•hic. CNC. ,n-I• n 1.C' 1.i. AbStic1- 4
4.ssistant County Attorney ors,naa , p v5+ c). , a'O i5
Approved in absentia per Resolution No. 2000-149
on Augu 25, 201
BY: ..:7, f E✓/_
Leo E. Ochs, founty Manager