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04/02/2015 Agenda Heritage Bay Community Development District Board of Supervisors Edwin Hubbard,Chairman Calvin Teague,District Manager Ronald A.Grant,Vice Chairman Gregory Urbancic,District Counsel John May,Assistant Treasurer David Wilkison,District Engineer Dennis Gagne,Assistant Secretary Richard Brodeur,Assistant Secretary Regular Meeting Agenda April 2,2015—9:00 a.m. st L 1. Roll Call t 2. Public Comments on Agenda Items t�J 904 3. Bridge Wall Replacement Options—Ralph Verrastro 4. Approval of the Minutes of the March 5,2015 Meeting By— 5. Old Business A. Littoral Planting Update B. Summer 2015 Lake Bank Projects i. Copeland Southern Enterprises,Inc.Proposals ii. Landshore Enterprises Proposal iii. Severn Trent Environmental Services,Inc.Proposal C. Review of Landshore 2013/2014 Work 6. New Business A. Lake and Wetland's Contract Amendment B. Fiscal Year 2016 Budget 7. Manager's Report A. Approval of Financials,Check Register and Invoices B. Field Manager's Report C. Follow Up 8. Attorney's Report 9. Engineer's Report 10. Supervisors'Requests and Audience Comments 11. Adjournment NOTES:The next meeting is scheduled for May 7,2015 at 9:00 a.m. District Office: Meeting Location: 210 N.University Drive,Suite 702 Heritage Bay Clubhouse Coral Springs,FL 33071 10154 Heritage Bay Boulevard 954.753.5841 Naples,FL Bridging Solutions,LLC 533 Avellino Isles Circle#32102 BRIDGING Naples,FL 34119 yip, SOLUTIONS Tcl.(239)216-1370 ralnh@bridging-solutions.com www.bridgina-solutions.com March 25,2015 Calvin Teague,District Manager Heritage Bay CDD c/o Severn Trent Management Services 5911 Country Lakes Dr. Ft. Myers,FL 33905 RE: Stone Landscape Wall Replacement Study Report Supplement for Additional Alternatives Heritage Bay,Collier County, Florida Dear Mr.Teague: 1. EXECUTIVE SUMMARY This letter report provides conceptual plans and estimated costs for two (2) additional construction alternatives that reduce the estimated cost of replacing the existing stone walls. The alternatives we considered include: • Constructing a concrete modular block retaining wall system that only replaces the upper tier stone wall. Installing a graded slope in front of the modular block wall, using the existing stones as rip rap. • Complete elimination of the stone walls and installing a graded slope,using the existing stones as rip rap. 2. SUPPLEMENTAL WALL REPLACEMENT ALTERNATIVES Alternative 5 - Modular Block Retaining Wall — This wall replacement alternative includes the demolition and removal of the existing stone wall and replacement using a concrete segmental block retaining wall system. This alternative only replaces the existing upper tier wall. The total length of proposed wall at each quadrant is 130 feet.The proposed exposed wall height is 8 feet with a total height of 10 feet. A 2 on 1 slope is proposed to be installed in front of the wall to the shore of the lakes. We recommend installing some of the stones from the existing stone wall on the 2 on 1 slope as a form of rip rap. The stones would be laid flat on the slope and we recommend installing gravel or non-excavatable flowable fill between the voids in the stones. Beyond the limits of the proposed new wall, we recommend grading the slopes to provide a 2 on 1 slope from the upper roadway shoulder or sidewalk to the lake shore within the limits of the existing wall. These slopes could be covered with some of the remaining stones or alternatively be planted with some type ground cover or sod.Any remaining stones could be moved to a location on site for use in the future by the community. We design bridges to fit your site and budget. =BSOLUTIONS The existing large palm trees would need to be removed in the limits of the old wall and some could be replanted in the area behind the new walls. See the attached conceptual design plans for additional details for this alternative.The plans show two alternative wall systems labeled as 5a and 5b,for the Stone Strong System and Vertica Block System,respectively. Attached also see a rendering of this alternative. Alternative 6—Existing Stones on 2:1 Slope-This wall replacement alternative includes the demolition and removal of the existing stone walls and the installation of a graded 2:1 slope with the existing wall stones laid flat on the slopes as a form of rip rap for a total length of 125 feet along each quadrant. We recommend installing gravel or non-excavatable flowable fill between the voids in the stones. Beyond the limits of the proposed rip rap, we recommend grading the slopes to provide a 2 on 1 slope from the upper roadway shoulder or sidewalk to the lake shore within the limits of the existing wall. These slopes could be covered with some of the remaining stones or alternatively be planted with some type ground cover or sod.The existing large palm trees would need to be removed in the limits of the old wall. See the attached conceptual design plans for additional details for this alternative. Attached also see a rendering of this alternative. 3. OPINOIN OF PROBABLE COSTS The following estimated costs are based on the conceptual design plans. These are relative costs for the sake of comparison and should not be considered a final cost estimate. The attached cost estimate summary sheet provides the quantities and unit costs assumed for the major work items included in the estimates. Alternative 5a—Stone Strong Modular Block Wall $425,000 Alternative 5b—Vertica Modular Block Wall $320,000 Alternative 6—Existing Stones on 2:1 Slope $190,000 Please contact me at 239-216-1370 if you have any questions. Respectfully, BRIDGING SOLUTIONS, LLC K Ralph Verrastro,PE Principal 2 We design bridges to fit your site and budget. 4 _ g 3 8 ig 2, it n err W _ � �� � II � X L ii* E,,■'.11 RI i I! i ir- i 1, i oR of U m` % W g m g r"6 {�$2y d W III i � 05 ; m2 g W w 0 ..O t Q �d a? UH W Q3 0 ° Da _ w m m0 x ss- a lava a to, t 11ij I i i 5 !; Ycl§ ii j 2 o — hh ! ,i 11,1,1111it i �eilit.l l 0 ~ a 4,1114 11 UV 11 11 {! {l W 1 as m '�1+'f `t.it tf' v 4 ? Q ,.z 1. a lf:ltlllf•- v� 4 �f��f 1�1;i41; 1 h �jt1t�tttl : \t , d �w ii ii w Wi (-----' 2 < 2 O ho / a.:; d b I �B f 1 ,'-d rz,j, as haii (' §1 2 4o A,4 j Xo b ~o I-71 8) ffi g - '2 - -- - ..?).--- \ vii b, ii E Irr .- ittlit, c;., MM V' ,o p,..3 1 IIjI w`k-!a ti11E: , • • : , II— . , . 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'A • •ps. , (..) t, 0 0 J '. 0 0 , . iCiej p_se BRIDGING Heritage Bay j SOLUTIONS Stone Landscape Wall Replacement Study Report Alternative 5a-Stone Strong Modular Block Wall Engineer's Opinion of Probable Cost Item Quantity Unit Unit Cost ' i, I t , Mobilization 1 LS $25,000 2°,,,2, z Wall Demolition 1,243 CY $50 12Yicn'Y4 Soil Excavation 578 CY $10 Wall/Backfill 5,200 SF $50 4" Regrade/Lay Stone 13,000 SF $5 ,' ° I.;`°N+, , , + ' Total $417,906 Alternative 5b-Vertica Modular Block Wall Engineer's Opinion of Probable Cost Item Quantity Unit Unit Cost ; t, E r Mobilization 1 LS $25,0001 s''/. .,;:u_.-:,i's,-.,f,',:, Wall Demolition 1,243 CY $50 ,r Soil Excavation 770 CY $10 � •,,-,-,:-M.,;''_.-`)-', Wall/Backfill 5,200 SF $30 't= Regrade/Lay Stone 13,000 SF $5 o Total $315,831 Alternative 6-Existing Stones on 2:1 Slope En:sneer's Opinion of Probable Cost Item Quantity Unit Unit Cost : ∎ ,i *4 Mobilization 1 LS $25,000 F l Wall Demolition 1,243 CY $50 it Regrade/Lay Stone 20,000 SF $5 .- Total $187,128 Bridging Solutions,LLC BRIDGING 533 Avcilino Isles Circle#32102 z. '�11 Naples,F1.34119 SOLUTIONS Tel.(239)216-1370 _ ralph@bridaing-solutions.com www.bridging-solutions.com March 26,2015 Calvin Teague,District Manager Heritage Bay CDD Severn Trent Management Services 5911 Country Lakes Dr. Ft.Myers,FL 33905 RE: Proposal to Provide Professional Engineering Services for: Final Design for Wall Replacement Heritage Bay,Collier County, Florida Dear Mr. Teague: Bridging Solutions, LLC appreciates the opportunity to submit this proposal to provide engineering services based on: • Our study report dated December 29,2014 • Discussions at the CDD Board meeting held on January 8 and March 5, 2015 • Our supplemental study report dated March 25,2015 1. BACKGROUND The existing stone landscape walls adjacent to the arch bridge at Heritage Bay were not constructed in accordance with standard engineering industry practices for gravity stone retaining walls. If these walls are not replaced, sections of the walls will continue to fail. These conclusions were included in a report prepared by Bridging Solutions, LLC dated April 21, 2014. This proposal provides a scope of services and fee options for final design services for the replacement of the wall for both of two (2) wall replacement alternatives summarized in our March 25,2015 that include: Alternate 5: Demolition of the existing wall and replacement using a concrete segmental block retaining wall system, or Alternate 6: Demolition of the existing wall and using the salvaged stones to construct rip rap slopes around the bridge. 2. SCOPE OF SERVICES 2.1. Wall Inspection—Perform a follow up inspection of the wall to update our inspection documentation prepared during past inspections. We design bridges to fit your site and budget. . ll BRIDGING goy- SOLUTIONS Z.2. Supplemental Survey and Mapping—Perform a supplemental topographic survey in the vicinity of the walls and update the mapping in AutoCAD format. We propose to have the Board hire Stantec for this work.This work will include obtaining bottom of lake elevations within 25 feet of the shore line within the limits of the existing walls. Develop existing ground cross sections at 25 foot intervals in the vicinity of the existing walls. Establish a horizontal control stationed base line on the drawings with ties to the field for use by the contractor during construction. 2.3. Alternative 5 - Wall Design/Drawings and RFP — Administer a subconsultant contract with Ardaman&Associates for the extraction of soil samples in the vicinity of the wall for laboratory testing and the preparation of a report that provides the foundation design criteria for the wall design.Determine whether global stability of the slopes in the lakes will control the design of the walls. Develop preliminary drawings that depict the proposed design geometry and layout for the new walls including finished top of wall elevations. Perform preliminary design calculations for the controlling wall sections. Develop cross section design summaries for the proposed wall. Develop a performance specification for the concrete segmental block wall system that provides for at least 3 wall system alternatives. Develop a draft RFP for the wall replacement. Prepare a preliminary engineer's opinion of probable cost. or Alternative 6—Design Rip Rap on 2:1 Slope- Develop preliminary drawings that depict the proposed geometry and layout of slopes where the walls now exist. Develop cross section design summaries for the proposed slopes.Develop rip rap details using the stones from the existing wall including a method to lock in the toe of slope.Develop a draft RFP for the wall replacement using slopes and rip rap. Compute the estimated cut and fill quantities and prepare a preliminary engineer's opinion of probable cost. 2.4. Permitting — Submit the preliminary plans and specifications to Collier County and the South Florida Water Management District and perform coordination related to the requirements for permitting for the wall replacement. We assume that the wall replacement project will be considered maintenance which should allow the agencies to grant an exemption from permitting. The design plans will include notes requiring best practices for erosion control. We propose to have the Board hire Stantec for assistance with civil design and permitting tasks. 2.5. Final Bid Documents—Incorporate any comments from the reviewing agencies and develop the final signed and sealed plans, specifications and RFP for the wall replacement. Prepare a final engineer's opinion of probable cost. All final documents will be provided in electronic (PDF) format. 2.6. Bidding Services—Prepare an advertisement for the project for placement in the local newspaper. Conduct a pre-bid meeting on site with interested contractors.Provide access to the bid documents for the contractors using a shared Dropbox folder.Compile the written questions from the bidders 2 We design bridges to fit your site and budget. gig, S BO DGIo S and provide formal responses or addendum as required.Attend the bid opening. Review the bids and provide a recommendation letter for contract award. 2.7. Construction Phase Services—The scope of the construction phase services to be determined after the bidding services are complete. 3. TIME SCHEDULE Construction is planned to commence in January of 2016. The design and bidding schedule will be discussed at the CDD Board's meeting on April 2,2015. 4. COMPENSATION Bridging Solutions proposes to provide the above described services for a lump sum fee of$33,420 if Alternate 5 is the preferred alternative. If Alternate 6 is the preferred alternative the lump sum fee is $27,850.The attached proposal back-up forms provide a detailed breakdown of the fee options.This fee breakdown will be used to determine monthly progress billing amounts. 5. AGREEMENT TERMS If the above conditions are acceptable this proposal can become contractual by signing and dating below. The Terms and Conditions on the enclosed Exhibit A are incorporated and made a part of this Agreement. Please return one signed copy of this Agreement and Exhibit A to our office to serve as your authorization for us to proceed on this work. Thank you for your consideration of this proposal. Please contact me at 239-216-1370 if you have any questions. Respectfully, BRIDGING SOLUTIONS,LLC 4419-14411)--- Ralph Verrastro,PE Principal Please check the amount approved $33,420 or $27,850 Accepted 4;1, day of ,2015 J By: Sig Air Printed or Typed Title: 3 We design bridges to fit your site and budget. • EXHIBIT A—Terms and Conditions Indemnification: Bridging Solutions,LLC agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Client, its officers, directors and employees (collectively, Client) against all damages, liabilities or costs, including reasonably attorneys' fees and defense costs,to the extent caused by the Consultant's negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the Consultant is legally liable.The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Bridging Solutions, its officers, directors, employees and subconsultants (collectively, Consultant) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the Client's negligent acts in connection with the Project and the acts of its contractors,subcontractors or consultants or anyone for whom the Client is legally liable. Neither the Client nor Bridging Solutions shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence. Limitation of Liability: In recognition of the relative risks and benefits of the Project to both the Client and Bridging Solutions,the risks have been allocated such that the Client agrees,to the fullest extent permitted by law,to limit the liability of Bridging Solutions to the Client for any and all claims,losses,costs,damages of any nature whatsoever or claims expenses from any cause or causes, including attorney's fees and costs and expert-witness tees and costs, so that the total aggregate liability of Bridging Solutions to the Client shall not exceed$50,000 or the project fee, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.Pursuant to Florida Statutes Chapter 558.0035,an individual employee or agent of Bridging Solutions,LLC my not be held liable for damages resulting from negligence. Termination of Services: This agreement may be terminated upon 5 days written notice by either party should the other fail to perform his obligations hereunder. In the event of termination, the Client shall pay Bridging Solutions, LLC for all services rendered to the date of termination,all reimbursable expenses,and reasonable termination expenses. Ownership of Documents: All documents produced by Bridging Solutions, LLC under this agreement shall remain the property of Bridging Solutions,LLC and may not be used by the Client for any other endeavor without written consent of Bridging Solutions,LLC. Dispute Resolution: Any claim or dispute between the Client and Bridging Solutions, LLC shall be submitted to non- binding mediation, subject to the parties agreeing to a mediator(s). This agreement shall be governed by the laws of the principal place of business of Bridging Solutions,LLC. Accuracy of Client Documents: The Client shall furnish, at the Client's expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. Bridging Solutions, may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. Electronic Documents: The Client acknowledges Bridging Solutions' plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the Client upon completion of the services and payment in full of the moneys due to Bridging Solutions, LLC. The Client shall not reuse or make or permit to be made any modifications to the plans and specifications without the prior written authorization of Bridging Solutions, LLC. The Client agrees to waive any claim against Bridging Solutions arising from any unauthorized reuse or modification of the plans and specifications. Excluded Services: Services not set forth above in the Scope of Services of this agreement are specifically excluded from the scope of Bridging Solutions' services. Bridging Solutions' assumes no responsibility to perform any services not specifically listed in the Scope of Services. Fiduciary Responsibility: The Client confirms that neither Bridging Solutions, LLC nor any of our subconsultants or subcontractors has offered any fiduciary service to the Client and no fiduciary responsibility shall be owed to the Client by Bridging Solutions, LLC or any of our subconsultants or subcontractors, as a consequence of Bridging Solution's entering into this Agreement with the Client. ■ z z.1) / . z ?OD / , . . . . . . . z . 0 ) b` q @ ; , ci.-S § or co- CO ® - - - - - - ® - - ® - - - 49 69 ® - - - ® - ® V* 401 jt 0 a . 2 \ }§ \§ _ to § 2 a } $f § f P. / i 0 - - - - - - - - Of - ® - - - - ® ® - - - of - - - - )a \ < ' tf0. 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Su ey Manager—Fort Myers Principal,Community Development DATE: April 1,2015 SUBJECT: Heritage Bay Bridge Topographic Survey Section 24,Township 48 South,Range 26 East Collier County,Florida 1. OVERVIEW 1.1. Heritage Bay Community Development District (Client) wishes to hire a consultant to provide Surveying and Engineering Consulting Services for the area of the existing bridge located"along Heritage Bay Blvd.within the Heritage Bay community located in unincorporated Collier County (Project). (see attached exhibit) 1.2. Stantec Consulting Services Inc.(Consultant)has been requested to submit a proposal to render surveying and engineering services in support of the design and reconstruction of existing stone landscape walls. 1.3. Stantec will coordinate with representatives of the Client. Other subconsultants for legal or technical support,as may be needed,will contract directly with the Client. Z 'COPE OF SERVICES 2.1. Surveying Services • Prepare a Topographic Survey in the vicinity of the existing rock walls to supplement survey data per Stantec drawing file#13-215812439-SUO1 dated 12/08/14. • Obtain bottom of lake elevations within twenty-five(25)feet of the shore line within the limits of the rock walls. Develop existing ground cross sections at 25 foot intervals in the vicinity of the walls. • Update the existing Digital Terrain Model (DTM)of the area from the 12/8/14 survey above and provide survey data in electronic CAD format April 1,2015 Client:Heritage Bay Community Development()Mkt Page 2o13 Reference:Hedlage Bay Bridge Topographic Survey • Establish a monumented survey baseline and 'set vertical and horizontal control points to be used in the field during construction. • Provide six(6)sealed copies of the survey to the Client. 2.2. gnoineerino Services • Permitting—Submit the preliminary plans•and specifications to Collier County and the South Florida Water Management District and perform coordination related to the requirements for permitting for the wall replacement. We assume that the wall replacement project will be considered maintenance which should allow the agencies to grant an exemption from permitting.The design plans will Include notes requiring best practices for erosion control. 3. GENERAL CONDITIONS AND UNDERSTANDING$ 3.1. Due to the various laws and ordinances relating to projects of this nature, legal counsel will be required. This service is specifically excluded from this proposal. It is our understanding that the Client will retain legal counsel for advice and participation as a professional team member. 3.2. The Client may be required to provide other Information, plans, calculations and data as identified in Section 2.0, SCOPE OF SERVICES,or as may be requested by Stantec during the course of the Project. Client is expected to furnish Stantec with full information, including any special or extraordinary considerations for the Project or special services needed. Client is also expected to make available any pertinent documentation regarding deeds, easements, right-of- way,etc. 3.3. The Client is responsible for providing for access to the subject property. 4. EXCLUDED SERVICES The professional services that Stantec will provide under this Proposal/Agreement include,and are limited to,those described above in Section 2.0,SCOPE OF SERVICES. All other services are specifically excluded. 5. FEES The fees for SCOPE OF SERVICES shall be as follows: PARA SERVICE FEE FEE TYPE AMOUNT 2.1 Surveying Services Fixed $2,800 2.2 Engineering Services Fixed $2,500 6- ACCEPTANCE AND AUTHORIZATION TO PROCEED 6.1. Assignment This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole Apra 1,2015 Client Heritage Boy Community Development District Page 3of3 Reference:Heritage Bay Bridge Topographic Survey benefit of the Client and the Consultant. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of Services by Consultant,without the written consent of the Consultant. 6.2. Payment Schedule When professional services relating to the design and permitting process are performed for a fixed fee, fees shall be billed monthly for the project portion completed to the billing date. Full payment of the fixed fee associated with that permit application or deliverable shall be due to Stantec at that time. 6.3. This Proposal/Agreement is open for acceptance by the Client for 60 days from the date of this proposal,after which it will be withdrawn by Stantec and may be subject to re-negotiation. 6.4. If this Proposal/Agreement satisfactorily sets forth the Clients entire understanding of the agreement, please sign the enclosed copy of this agreement in the space provided and return it to Stantec as authorization to proceed with the work. 6.5. Owner/Client Authorization I HEREBY CERTIFY that Heritage Bay Community Development District is the Owner of record of the property which is the subject of this proposal and hereby authorize the performance of the services as described herein and agree to pay the charges resulting thereby as identified above in accordance with the attached Standard Business Terms and conditions of Stantec Consulting Services Inc. I also acknowledge that I have read, understand, and agree to the Standard Business Terms and Conditions attached hereto and made a part of this Agreement. I warrant and represent that I am authorized to enter Into this Agreement on behalf of Heritage Bay Community Development Distrirtt. Accepted this, day . ,2015. Signature .4111111W C I t1 < ie-140-,3 Print Name Heritage Bay Community Development District c/o Severn Trent Services Justin Faircloth,CAM Assistant District Manager 5911 Country Lakes Drive Fort Myers,FL 33905 Phone: 239-245-7118 Emil: Exhibit Standard Business Terms and Conditions i I, j ?', r , x E ! 1 el 4. E K z6 1 III 41 i''".1.P.. 1 2 1II ,i.:1, ii (5. 1 . I , i 15 L., 1 ::,. i f 1 6 IS 1 ! Ill iii ' , 1121 ill !ILE 1 I . . Stantec PROFESSIONAL SERVICES TERMS AND CONDITIONS Page 1 of 2 The following Terms and Conditions are attached to and form part of the Proposal for Professional Services to be performed by STANTEC and together.when the CLIENT authorizes STANTEC to proceed with the services,oonsiilute the AGREEMENT. DESCRIPTION OF WORK:STANTEC shall render the services described In the Proposal(hereinafter caked the"SERVICES')to the CLIENT. TERMS AND CONDITIONS: No teens,conditions, understandings, or agreements purporting to modify or vary these Terms and Conditions shall be binding unless hereafter made in writing end signed by the CLIENT end STANTEC. In the event of any conflict between the Proposal and these Terms and Conditions,these Terms and Conditions shall take precedence. This AGREEMENT euperoedes all previous agreements,arrangements or understandings between the parties whether written or oral in connection with or Incidental to the PROJECT COMPENSATION: Payment is due to STANTEC upon receipt of invoice. Failure to make any payment when due is a material breach of this AGREEMENT and will entitle STANTEC, at Its option,to suspend or terminate this AGREEMENT and the provision of the SERVICES. Interest will accrue on accounts overdue by 30 days at the leaser of 1.5 percent per month(18 percent per annum)or the maximum is rate of interest.Unless otherwise noted,the fees in this agreement do not Include any value added,sales,or other taxes that may be applied by Government on fees for services.Such taxes will be added to all invoices as required. NOTICES: Each party shell designate a representative who Is authorized to act on behalf of that party.All notices,consents.and approvals required to be given hereunder shall be in writing and shall he given to the representatives of each party. TERMINATION: Either party may terminate the AGREEMENT without cause upon thirty(30)days notice In writing. If either party breaches the AGREEMENT and fails to remedy such breach within seven(7)days of notice to do so by the non-detaulling party,the non-defaulting petty may immediately terminate the Agreement.Non-payment by the CLIENT d STANTEC's invoices within 30 days of STANTEC rendering same is agreed to constitute a material breach and, upon written notice as prescribed above, the duties, obligations and responsibilities of STANTEC are terminated.On termination by either party,the CLIENT shell forthwith pay STANTEC all fees end charges for the SERVICES provided to the eflecthe date of termination. ENVIRONMENTAL: Except as specifically described in this AGREEMENT, STANTEC's field Investigation,laboratory lasting and engineering recommendations will not address or evaluate pollution of soil or pollution of groundwater. Where the SERVICES include storm water pollution prevention (SWPP), sedimentation or erosion control plane, specifications, procedures or related construction observation or administrative Said functions,CLIENT acknowledges that such SERVICES proposed or performed by STANTEC are not guaranteed to provide complete SWPP.sedimentation or erosion control,capture all run off or siltation,that any physical works are to be constructed and maintained by the CLIENT'.contractor or others and that STANTEC has no control over the ultimate effectiveness of any such works or procedures,Except to the extent that there were errors or omissions In the SERVICES provided by STANTEC, CLIENT agrees to i ndemNfy and hold STANTEC harmless from and against all claims,costs, liabilities or damages whatsoever arising front any storm water pollution,erosion,sedimentation,or discharge of sat or other deleterious substances into any waterway,wetland or woodland and any resulting charges,fines,legal action,cleanup or related costa. PROFESSIONAL RESPONSIBILITY: In performing the SERVICES,STANTEC will provide and exercise the standard of care,sits end diligence required by customarily accepted professional practices normally provided in the performance of the SERVICES at the time and the location in which the SERVICES were performed. LIMITATION OF LIABILITY:The CLIENT releases STANTEC from any labitty and agrees to defend,Indemnify end hold STANTEC harmless from any and all claims,damages,losses,andlor expenses,direct and indirect,or consequential damages,Including but not limited to attomey's fees and charges and court and arbitration coda,arising out of,or claimed to arise out of,the performance of the SERVICES,excepting liability arising from the sole negligence of STANTEC. It is further agreed that the total amount of all claims the CLIENT may have against STANTEC under this AGREEMENT, including but not limited to claims for negligence, negligent misrepresentation and/or breech of contract, shall be strictly limited to the lesser of professional fees paid to STANTEC for the SERVICES or$500,000. No claim may be brought against STANTEC more than two(2)years after the cause of action arose. As the CLIENT's sole and exclusive remedy under this AGREEMENT any claim,demand or suit ghee se directed and/or asserted only against STANTEC and not against any of STANTEC's employees,officers or directors. STANTEC's liability with respect to any claims attiring out of this AGREEMENT shall be absolutely Invited to direct damages arising out of the SERVICES and STANTEC shall bear no liebatty whatsoever for any consequential loan, injury or damage incurred by the CLIENT,including but not limited to claims for loss of use,toss of profits and/or loss of markets. INDEMNITY FOR MOLD CLANS:it is understood by the parties that existing or constructed buildings may contain mold substances that can present health hazards and result In bodily injury, property damage andlor necessary remedial measures. If, during performance of the SERVICES,STANTEC knowingly encounters any such substances,STANTEC shall notify the CLIENT and,without liability for consequential or any other damages,suspend performance of services until the CLIENT retains a qualified specialist to abate and/or remove the sold substances.The CLIENT agrees to release and waive all claims,including consequential damages, against STANTEC, Its subeoneultenta and their officers, directors end employees arising front or in any way connected with the existence of mold on or about the project site whether during or after completion of the SERVICES.The CLIENT further agrees to Indemnify and hold STANTEC harmless from and against all claims,costs,liabilities and damages,including reasonable attorneys'fees end costs,arising In any way from the existence of mold on the project site whether during or after completion of the SERVICES,except Revised 2013-08-12A/0 Proheatorel Sooloos Terms and Ca,bams on Slant*Ferrer+Cowpony Fonnvelok eanagamenb Serene Form ApteamsNa (so Stantec PROFESSIONAL SERVICES TERMS AND CONDITIONS Page 2of2 for those claims,liabilities,costs or damages caused by the sole gross negligence and/or knowing or wilful misconduct of STANTEC. STANTEC and the CLIENT waive all rights against each other for mold damages to the extent that such damages sustained by either patty are covered by Insurance. DOCUMENTS: All of the documents prepared by or on behalf STANTEC In connection with the PROJECT are Instruments of service for the execution of the PROJECT. STANTEC retains the property and copyright in these documents,whether the PROJECT Is executed or not, These documenta may not be used for any other purpose without the prier written consent of STANTEC. In the event STANTECs documents are subsequently reused or modified In any material respect*Mout the prior consent of STANTEC,the CLIENT agrees to defend,hold harmless end Indemnify STANTEC from any claims advanced on account dead reuse or modification. Any document produced by STANTEC in relation to the Services is Intended for the sale use of Client.The documents may not be relied upon by any other party without the express written consent of STANTEC,welch may be withheld at STANTEC's discretion.My such consent will provide no greater rights to Me third party than those held by the Client under the contract,and wit only be authorized pursuant to the conditions of STANTEC's standard form reliance letter. STANTEC cannot guarantee the authenticity,integrity or completeness of data fibs supplied In electronic format(Electronic Filee'). CLIENT shat release, Indemnify and hold STANTEC,Its officers,employees,consultants and agents harmless from any dims or damages arising from the use of Electronic Flee. Electronic flies will not contain stamps or seals,remain the property of STANTEC,are not to be used for any purpose other than that for Mitch they were transmitted.and are not to be retransmitted to e third party without STANTECS written consent. FIELD SERVICES: STANTEC shall not be responsible for construction means,methods.techniques.sequences or procedures,or for safety precautions and programs In correction with work an the PROJECT,and shall not be responsible for any conlractot'e fallwe to carry out the work in accordance with the contract documents. STANTEC shall not be rosponsble for the acts or omissions of any contractor,subcontractor,any of their agents or employees.or any other persons performing arty of the work In connection with the PROJECT, GOVERNING LAW/COMPUANCE WITH LAWS: The AGREEMENT shall be governed,construed and enforced in accordance with the laws of the jurisdiction In which the moistly of the SERVICES are performed.STANTEC shalt observe and comply with all applicable laws,continue to provide equal employment opportunity to all qualified persons,and to recruit,hire,train,promote and compensate persons In all jobs without regard to race,color,religion,sex,age,disability or national origin or any other basis prohibited by applicable taws. DISPUTE RESOLUTION: If requested In writing by either the CLENT or STANTEC,the CLIENT and STANTEC shall attempt to resolve any dispute between them arising out of or In connection with this AGREEMENT by entering into structured non-binding negotiations with the assistance of a mediator on a without prejudice basis. The mediator shall be appointed by agreement of the parties. W a dispute cannel be settled within a period of thirty(30)calendar days with the mediator,if mutually agreed,the dispute shall be referred to arbitration pursuant to laws of the jurisdiction in which the majority of the SERVICES are par armed or elsewhere by mutual agreement. ASSIGNMENT: The CLIENT and STANTEC shall not,without the prior written consent of the other party,assign the benefit or In any way transfer the obligations under these Terms and Conditions or any part hereof. SEVERABILITY: It any term,condition or covenant of the AGREEMENT is held by a court of competent jurisdiction to be Invalid,void, or unenforceable,the remaining provistone of the AGREEMENT shall be binding on the CLIENT and STANTEC. FLORIDA CONTRACTS: PURSUANT TO FLORIDA STATUTES CHAPTER 558.0035 AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE. Revised 2013-08-121wje Prdeealonal Services Tern and Canaan.on Sten54at Form>Company Fene>Ridc Mmnap ashy SI nderd Fowl Apneeents Teague, Calvin From: Gonzalo Ayres <gonzalo.ayres @lakeandwetland.com> Sent: Friday, March 20,2015 1:43 PM To: Teague, Calvin Cc Gonzalo Ayres;Andrea Bohara;Brian Fischer;Philippe Tremblay Subject: Re:Heritage Bay Additional Herbicide Treatments Attachments: PastedGraphic-1.tiff 1. "One time additional herbicide treatment"; I am not sure what this means. I thought applications are supposed to be ongoing and what happens if one time doesn't work?Our thought was that LWM,our contractor was to take care of our lakes and prevent any problems,your competition doesn't always come at us for additional payments even if sonar has to be used?What happens if one treatment doesn't take care of it or if you guys let it come back? I don't like this at all! The one time treatment will be installed over 90 days with a treatment every 30 days.This is the most effective way to treat the pondweed that is growing in the deeps waters of Heritage Bay.The Fluridone will target the root system and kill the plant.When LWM took over Heritage Bay the submersed vegetation was already well established.Since we've begun treatments we have seen an overall improvement. After the initial 90 day treatment if any additional follow treatments are needed they will be covered by LWM,for the pondweed. 2. This proposal is for 40 months; I understand that this is how you cover your expenses? This is OK IF it will do the job. But what happens if it does not do the job;what will LWM do,charge us again? Are we still stuck at 40 months for a treatment you suggested but didn't provide the long term solution were expecting?See above 3. How will you monitor actual use of the Sonar vs other chemicals being used?I will expect Justin to receive a regular report reflecting the treatment! Reports will be submitted after each visit as normal but we will also be pulling water samples from the treated lakes to monitor the concentration of the Fluridone so that we can make sure we are getting the most effective treatment. 4. You are creating budgeting problems for me and with the new budget for 2016 being developed what should we expect for increases?I'm not happy that it seems like we are always confronted with new costs! The only current problem we have is with the lakes that have the pondweed.The money requested in this proposal is to solely cover a portion of the total cost of the herbicide needed. We are currently losing money every month trying to treat the pondweed with contact herbicides to keep it from topping out. 5. What are your plans for 30 A and B? Same concerns as stated above as we need to anticipate actual expenditures so that we can properly budget for lake maintenance, I really thought we would have a better grasp on them than we do now! These lakes are still a mess and it appears that we are losing this battle. I was waiting on an answer from you, I was under the impression that there was a budget set aside for 30A and 30B themselves because of their size. 1 If you have any other questions please let me know,have a great weekend. Sincerely, Gonzalo Ayres Lake and Wetland Management-Orlando-Tampa, Inc. 13721 Jetport Commerce Parkway Ste 5 Fort Myers, Fl 33913 Office Phone: 239-313-6947 Office Fax: 239-313-6950 www.lakeandwetland.com Qonza lo.avresAlakeandwetland.corn i` ` hake &Wetland ;.. MANAGEMENT On Mar 20, 2015,at 8:03 AM,Teague, Calvin<Cal.Teague(a),STServices.com>wrote: Gonzalo!still have questions,you must have had a lawyer write this proposal because it appears to protect his client—you guys.Anyhow here are the concerns let me know your thoughts: 1. "One time additional herbicide treatment"; I am not sure what this means. I thought applications are supposed to be ongoing and what happens if one time doesn't work?Our thought was that LWM,our contractor was to take care of our lakes and prevent any problems,your competition doesn't always come at us for additional payments even if sonar has to be used?What happens if one treatment doesn't take care of it or if you guys let it come back? I don't like this at all! 2. This proposal is for 40 months; I understand that this is how you cover your expenses? This is OK IF it will do the job. But what happens if it does not do the job;what will LWM do,charge us again? Are we still stuck at 40 months for a treatment you suggested but didn't provide the long term solution were expecting? 3. How will you monitor actual use of the Sonar vs other chemicals being used?I will expect Justin to receive a regular report reflecting the treatment! 4. You are creating budgeting problems for me and with the new budget for 2016 being developed what should we expect for increases?I'm not happy that it seems like we are always confronted with new costs! 5. What are your plans for 30 A and B? Same concerns as stated above as we need to anticipate actual expenditures so that we can properly budget for lake maintenance, I really thought we 2 would have a better grasp on them than we do now! These lakes are still a mess and it appears that we are losing this battle. Anyhow your comments would be appreciated. Calvin Teague District Manager Severn Trent Management Services 5911 Country Lakes Drive Fort Myers, FL 33905 T:239-245-7118 ext.301 F:239-245-7120 M:239-223-4437 E:cal.teaeue @stservices.com SUPERVISORS,PLEASE DO NOT REPLY TO ALL AS THIS COULD BE A VIOLATION OF THE FLORIDA SUNSHINE PROVISIONS. From:Gonzalo Ayres [mailto:gonzalo.avres@lakeandwetland.com] Sent:Wednesday, March 18,2015 11:41 AM To:Teague,Calvin Cc:Brian Fischer;Philippe Tremblay;Dennis Kunish;Andrea Bohara;Gonzalo Ayres Subject:Re: Heritage Bay Additional Herbicide Treatments Cal, Please see revised contract,if you have any questions please let me know.Thank you. 3 Lake &Wetland c.........„..n) MANAGEMENT SPECIAL SERVICE AGREEMENT This Agreement is made between Lake and Wetland Management, Inc., and: March 18, 2015 Heritage Bay Community Development District c/o Severn Trent Services Justin.faircloth @stservice,com 210 North University Drive, Suite #702 (239) 245-7118 Office Coral Springs, Florida 33071 (239) 245-7120 Fax Both Heritage Bay and Lake and Wetland Management agree to these terms and conditions for Special Service Agreement: Description of Service Amount One time additional herbicide treatment of $21,500.00 All lakes except 30A and 30 B to target pondweed. Existing customer discount: -$ 5,500.00 Total: $16,000.00 *Customer agrees to pay LWM $400.00 per month for 40 months to pay for treatment. In the event that Heritage Bay cancels ongoing service prior to fulfilling their commitment for this agreement, full balance will be due and payable upon cancellation of service. Conditions: 1. Ownership of property is implied by CUSTOMER with acceptance of this Agreement. In the event that CUSTOMER does not expressly own the areas where the above stated services are to be provided, CUSTOMER represents that express permission of the owner is given and that authorization to commence the above mentioned services is allowed. In the event of dispute of ownership, CUSTOMER agrees to hold harmless LWM for the consequences of such services. Lake and Wetland Management,Inc. (239)313-6947 Office • (239)313-6950 Fax • officealakeandwetland.com • www.lakeandwetland.com Spedal Service Agreement Page 2 2. LWM shall not be responsible for acts beyond its reasonable control, including adverse soil and / or water conditions, adverse weather conditions, unavailable materials, Acts of God, war, acts of vandalism, theft or third party actions. CUSTOMER further states that neither party shall be responsible in damages or penalties for any failure or delay in performance of any of its obligations caused by above named incidences. 3. Invoices submitted for work completed shall be paid within 30 days of receipt. A finance charge of 1.500% per month or an annual percentage rate of 18.000% will be computed on all past due balances. 4. Any incidental activity not explicitly mentioned in this proposal is excluded from the scope of work. 5.This proposal shall be valid for 30 days. Either party may cancel this contract with 30-day written notice. This Agreement automatically renews upon anniversary of execution date, unless notice is given by either party with at least 30 days written notice. 6. If LWM is required to enroll in any third-party compliance programs, invoicing or payment plans that asses fees in order to perform work for CUSTOMER, those charges will be invoiced back to CUSTOMER as invoiced to LWM. 7. LWM will maintain insurance coverage, which includes but is not limited to General Liability Property Damage, Automobile Liability, and Workman's Compensation at its own expense. 8. No alterations or modifications, oral or written, of the terms contained above shall be valid unless made In writing, and wholly accepted by authorized representatives of both LWM and the CUSTOMER. Customer acceptance -The above prices,specifications and conditions are hereby accepted. Govvicao-Avret, /m Gonzalo Ayres Authorized 11.11W Date Lake and Wetland Management, Inc. Heritage Bay C(17 e Lake and Wetland Management inc. (239)313-6947 Office • (239)31134950 Fax •offceeiakeandwedand.com •www.lakeandweltand.com DATE: 03/15/2015 Copeland Southern Enterprises,Inc. OWNER INFORMATION: PROFESSIONAL SERVICES AGREEMENT BETWEEN COPELAND SOUTHERN ENTERPRISES,INC.AND 'TELEPHONE NO.: (239)245-7118/306 Fax No: (239)245-7120 Heritage Bay Community Development District in Naples E-MAIL:Justin.Faircloth ct,stservices.com, OWNER INFORMATION: PROJECT MANAGER:Scott Copeland OWNER'S ADDRESS: 10154 Heritage Bay Blvd,Naples,FL 34120 FEE AND TYPE: BILL TO THE ATTENTION OF:Justin Faircloth,Assistant District Manager Time&Materials based upon the Rate Schedule in PROJECT NAME:Install Yard Drain and repair Erosion slope on effect at the time service is rendered. Estimated Fees: _T WORK DESCRIPTION:Install 1 x 9"Yard Drain with 4"Berm around control box on Lake 22. Not-To-Exceed Fixed Fee based upon the Rate REMARKS: 1)All Resident and Guest will need to be notified to stay clear of the work Schedule in effect at the time service is rendered: area during the project for safety reasons.2)It is CSEI recommendation to install the 9" Yard Drain and 4"retaining berm at the Control box to stop the ongoing erosion repairs Lump Sum Fixed Fee: $ 975.00 caused by the roof drains from nearby Condos. Total Fees: $ 975.00 Dear Justin Faircloth In Pursuant to your request, Copeland Southern Enterprises, Inc. is pleased to submit the following proposal for the Yard Drain and erosion repairs on Lake 6,for the above-referenced project: SCOPE OF SERVICES(Limited to the following): 1. CSEI will set up MOT and safety around work areas to insure the safety of the residents and guests during the project. 2. CSEI will Install 1 New 9"Yard Drain on the SE Edge of the existing Control Box. 3. A 4"High dirt and sod Berm will be built around the Drain and control box to insure all storm water runoff will enter into the Yard Drain and then out into Lake 6 to stop erosion on the North Bank. 4. Crews will connect a new 4"CPP,Buried into slope and trench out 40+from the newly install catch basins out into and below Lake 6 Control Line+ 1.5 ft. 5. Both Eroded areas will be back filled with reclaimed material from Lake 6. 6. After slope,has been re-graded back to proposed grade,matching sod will be installed in repaired areas. 7. Work is estimated to take 1 day to complete. 8. MOT and Safety will be removed after project has been completed and work areas have been policed. Note: Any additional work and services requested, and is not found in this Proposal can be done, but will require additional cost to be paid in full with proposal fee upon the completion of job. We at Copeland Southern Enterprises hope this meets your approval and satisfies your requirements.If so please sign the contract proposal below and return a copy to our office by Fax or Email.Should you have any questions or need any additional information, Please do not hesitate to call Scott Copeland at 239-995-3684 or Mobile#239-707-6806.Fax 239-995-0058 OWNER AUTHORIZATION: I warrant and represent that I am authorized to enter into this contract for professional services and I hereby authorize the performance of the above services and agree to pay the charges upon the completion of the Job resulting there from as identified in the"FEE TYPE"section above. I have read,understand and agree to these Standard Business Terms. Authorized Signature: Date: Typed Name&Title: Copeland Southern Enterprises,Inc. DATE: 03/15/2015 OWNER INFORMATION: PROFESSIONAL SERVICES AGREEMENT BETWEEN COPELAND SOUTHERN ENTERPRISES,INC.AND TELEPHONE NO.: (239)245-7118/306 Fax No: (239)245-7120 Heritaee Bay Community Development District in Naples E-MAIL:Justin.Faircloth n stservices.com, OWNER INFORMATION: PROJECT MANAGER:Scott Copeland OWNER'S ADDRESS: 10154 Heritage Bay Blvd,Naples,FL 34120 FEE AND TYPE: BILL TO THE ATTENTION OF.Justin Faircloth,Assistant District Manager Time&Materials based upon the Rate Schedule in PROJECT NAMEpion Repairs effect at the time service is rendered. Estimated Fees: WORK DESCRIPTION:Repair eroded slope and install geo web and Rip Rap Not-To-Exceed Fixed Fee based upon the Rate REMARKS: 1)Permits to be pulled by owners or Engineer if needed.2)CSEI will need Schedule in effect at the time service is rendered: a staging area to store equipment and supplies within 500 feet of the work area.3)All $ Sprinkler heads within the 20 lake easement must be clearly marked and turned off or capped during the construction, to prevent additional erosion. 4)CSEI cannot warranty Lump Sum Fixed Fee: $ 4,775.00 repaired slopes after the completion of project against future erosion caused by excessive rain, flooding,drainage problems, lawn crews and equipment, improper set or damaged Total Fees: $ 4,775.00 irrigation systems,Ect. Dear Justin Faircloth In Pursuant to your request,Copeland Southern Enterprises,Inc.is pleased to submit the following proposal for the Lake restorations project on Lake 19 for the above-referenced project: SCOPE OF SERVICES(Limited to the following): 1. CSEI will set up MOT around work areas to insure the safety of the residents and guests during the project. 2. CSEI crew will repair slope,lay Geo Web and install Rip Rap in 2 x 40 foot long by 8 foot wide wash out's at the southwest corner of Lake 19 to repair the eroded areas and match existing Lake slopes 3. CSEI will contour rip rap to a flume style shape to retain water within the rip rap until it reaches the lake to prevent future erosion problems. 4. Lawns will be repaired with dirt or Sod within work areas, where crossing has damaged grass; (after lake repairs are completed) 5. Work is estimated to take 3 days to complete. 6. MOT will be remove after project has been completed,cleaned and equipment removed from site. Note:Any additional work and services requested,and is not found in this Proposal can be done,but will require additional cost to be paid in full with proposal fee upon the completion of job. We at Copeland Southern Enterprises hope this meets your approval and satisfies your requirements.If so please sign the contract proposal below and return a copy to our office by Fax or Email.Should you have any questions or need any additional information,Please do not hesitate to call Scott Copeland at 239-995-3684 or Mobile#239-707-6806.Fax 239-995-0058 OWNER AUTHORIZATION: I warrant and represent that I am authorized to enter into this contract for professional services and I hereby authorize the performance of the above services and agree to pay the charges upon the completion of the Job resulting there from as identified in the"FEE TYPE"section above. I have read,understand and agree to these Standard Business Terms. Authorized Signature: Date: Typed Name&Title: 2015, Lake# 19 Erosion Restoration Project .- / ,-.. /...' .,., 7.1 4 - - -...-....,„„ ^,, s ..-. f4 $. k $ ,. ,, f- „, . ;4...- -0. . , - • --:, ,,::, - - .. ., ,. 2,,,,.....—F.A. • 'sc_ _ , -., . .,..44---`,,,, -,-. ..----v- - ,......7..„—,4;4.2 ...„ -.,3,_. _ -,,„ —,------.z•-zv---,.—: 'T---4- ”" i. ,--- --------'4'1'.....: • ' ,,,f - 4„,s, *.- -, --1.--,,-. DATE: 03/15/2015 Copeland Southern Enterprises,Inc. OWNER INFORMATION: PROFESSIONAL SERVICES AGREEMENT BETWEEN COPELAND SOUTHERN ENTERPRISES,INC.AND TELEPHONE NO.: (239)245-7118/306 Fax No: (239)245-7120 Heritage Bay Community Development District in Naples E-MAIL:Justin.Fairclothastservices.com, OWNER INFORMATION: PROJECT MANAGER:Scott Copeland OWNER'S ADDRESS: 10154 Heritage Bay Blvd,Naples,FL 34120 FEE AND TYPE: BILL TO THE ATTENTION OF:Justin Faircloth,Assistant District Manager Time&Materials based upon the Rate Schedule in PROJECT NAME:Install 3 Curb Inlets and repair Erosion Wash Outs o r p; effect at the time service is rendered. Estimated Fees: WORK DESCRIPTION:Install 3 Catch Basins 12"x 12"at back of existing Curb and Sidewalk with 4"drains buried in slope out to 1.5 ft+below Lake 22 Control Line. Not-To-Exceed Fixed Fee based upon the Rate REMARKS: 1)All Resident and Guest will need to be notified to stay clear of the work Schedule in effect at the time service is rendered: area during the project for safety reasons.2)CSEI will need a staging area within 500 It of lake 22 for the storage of equipment and supplies until job has been completed.3)It is Lump Sum Fixed Fee: S 4.575.00 CSEI recommendation to install the Curb Inlets at the back of the existing sidewalk to stop the ongoing yearly and expensive Rip Rap repairs. Total Fees: $ 4,575.00 Dear Justin Faircloth In Pursuant to your request,Copeland Southern Enterprises,Inc.is pleased to submit the following proposal for the 3 Curb Catch Basin and Drainage installs on Lake 22,for the above-referenced project: SCOPE OF SERVICES(Limited to the following): 1. CSEI will set up MOT around work areas to insure the safety of the residents and guests during the project. 2. CSEI will Install 3 New 12"x 12"Catch Basin on the South Edge of the existing Sidewalk and in the existing drain ports. 3. New 12"x 12"Catch Basins, will have a matching 6 inch curb,poured around the Basins to insure all storm water inters into the Catch Basins and then out into the Lake 22 without causing any more erosion to North Bank. 4. Crews will connect a new 4"CPP, Buried into slope and trench out 17+from the newly install catch basins out into and below Lake 22 Control Line+ 1.5 ft. 5. All 3 Eroded areas will be back filled with reclaimed material from Lake 22. 6. After slope,has been re-graded back to proposed grade,a Coconut Erosion mat will be installed in slope. 7. Work is estimated to take 3 days to complete. 8. MOT will be removed after project has been completed and work areas have been policed. Note: Any additional work and services requested, and is not found in this Proposal can be done, but will require additional cost to be paid in full with proposal fee upon the completion of job. We at Copeland Southern Enterprises hope this meets your approval and satisfies your requirements.If so please sign the contract proposal below and return a copy to our office by Fax or Email.Should you have any questions or need any additional information, Please do not hesitate to call Scott Copeland at 239-995-3684 or Mobile#239-707-6806.Fax 239-995-0058 OWNER AUTIIORIZATION: I warrant and represent that I am authorized to enter into this contract for professional services and I hereby authorize the performance of the above services and agree to pay the charges upon the completion of the Job resulting there from as identified in the"FEE TYPE"section above. I have read,understand and agree to these Standard Business Terms. Authorized Signature: Date: Typed Name&Title: Lake 22 Repair Areas ., = = = ...- • — __ _,. Inge • t", 0 Rif at r , •, •••••-•••■•ilij .413."'"ah.... i - : ...1. , i ...." „1N,„.*C, ,,,,.. s .II. •••• •••• v!.., •.1, ;;,•••4 ..... ........„ , _.... ,... • . ..., • DATE: 03/15/2015 Copeland Southern Enterprises,Inc. OWNER INFORMATION: PROFESSIONAL SERVICES AGREEMENT BETWEEN COPELAND SOUTHERN ENTERPRISES,INC.AND TELEPHONE NO.: (239)245-7118/306 Fax No: (239)245-7120 Heritage Bay Community Development District in Naples E-MAIL:Justin.Faircloth n,stservices.com, OWNER INFORMATION: PROJECT MANAGER:Scott Copeland OWNER'S ADDRESS: 10154 Heritage Bay Blvd,Naples,FL 34120 FEE AND TYPE: BILL TO THE ATTENTION OF:Justin Faircloth,Assistant District Manager Time&Materials based upon the Rate Schedule in PROJECT NAME:Extend Yard Drain and repair wash out onake 23:`- effect at the time service is rendered. Estimated Fees: $ WORK DESCRIPTION:Remove existing Damaged yard drain and extend existing 4" Corrugate Plastic Pipe out into Lake 23 to 1.5 Foot below Lake Control Line. Not-To-Exceed Fixed Fee based upon the Rate REMARKS: 1)All Resident and Guest will need to be notified to stay clear of the work Schedule in effect at the time service is rendered: area during the project for everyone's safety.2)Sod in newly repaired area will need to be watered daily. Lump Sum Fixed Fee: , S 1.975.00 Total Fees: $ 1.975.00 Dear Justin Faircloth In Pursuant to your request, Copeland Southern Enterprises,Inc.is pleased to submit the following proposal for the Lake 23 repairs to existing yard drain and eroded area,for the above-referenced project: SCOPE OF SERVICES(Limited to the following): 1. CSEI will set up MOT and safety around work areas to insure the safety of the residents and guests during the project. 2. CSEI will dig out damaged Yard Drain and 4"CPP back into slope where pipe is still in good condition for new connection. 3. Crews will then dig a trench 15'+from existing damaged yard drain out to and below Lake 23 Control Line+1.5 ft. 4. Crews will install a new 4"CPP into trench and back fill. 5. Eroded area from damaged drain will be back tilled with reclaimed material from Lake 23 at eroded location. 6. After slope has been repaired back to proposed slope,a Coconut Erosion will be installed into slope. 7. New matching Sod will be laid over the top of the Coconut erosion mat down to Lake Control line. 8. Work is estimated to take 9 Hours to complete. 9. MOT and safety will be removed after project has been completed and work areas have been policed. Note: Any additional work and services requested, and is not found in this Proposal can be done, but will require additional cost to be paid in full with proposal fee upon the completion of job. We at Copeland Southern Enterprises hope this meets your approval and satisfies your requirements.If so please sign the contract proposal below and return a copy to our office by Fax or Email.Should you have any questions or need any additional information, Please do not hesitate to call Scott Copeland at 239-995-3684 or Mobile#239-707-6806.Fax 239-995-0058 OWNER AUTHORIZATION: I warrant and represent that I am authorized to enter into this contract for professional services and I hereby authorize the performance of the above services and agree to pay the charges upon the completion of the Job resulting there from as identified in the"FEE TYPE"section above. I have read,understand and agree to these Standard Business Terms. Authorized Signature: Date: Typed Name&Title: Copeland Southern Enterprises,lnc. DATE: 03/15/2015 OWNER INFORMATION: PROFESSIONAL SERVICES AGREEMENT BETWEEN COPELAND SOUTHERN ENTERPRISES,INC.AND TELEPHONE NO.: (239)245-7118/306 Fax No: (239)245-7120 Heritage Bay Community Development District in Naples E-MAIL:Justin.Faircloth(Astservices.com, OWNER INFORMATION: PROJECT MANAGER:Scott Copeland OWNER'S ADDRESS: 10154 Heritage Bay Blvd,Naples,FL 34120 FEE AND TYPE: BILL TO THE ATTENTION OF:Justin Faircloth,Assistant District Manager Time&Materials based upon the Rate Schedule in effect at the time service is rendered. Estimated Fees: PROJECT NAME .t . : .'Hazard Maker $ WORK DESCRIPTION:Jet In,6 inch 10 foot tall PVC hazard maker into lake 30A to Not-To-Exceed Fixed Fee based upon the Rate warn boaters of submerged rock hazards. Schedule in effect at the time service is rendered: REMARKS: 1) Permits to be pulled by owners or Engineer if needed. 2) All Resident and Guest will need to be notified to stay clear of the work area during Lump Sum Fixed Fee: $ 775.00 the project for everyone's safety. Total Fees: $ 775.00 Dear Justin Faircloth In Pursuant to your request,Copeland Southern Enterprises,Inc. is pleased to submit the following proposal for the Lake 30A Hazard Maker for the above-referenced project: SCOPE OF SERVICES(Limited to the following): 1. CSEI will set up MOT around work areas to insure the safety of the residents and guests during the project. 2. CSEI crew will Jet in a 6"x 10 foot long PVC,to be placed on the east edge of the rocks as seen on the Aerial below. 3. The Hazard Maker will have 3 Red safety reflective bands at the top of the maker to warn boats of the rock hazards below. 4. Maker will be white in color with 3 Red safety reflective bands all the way around the post with 6"gaps between bands. 5. MOT will be removed after project has been completed and work areas have been policed. Note: Any additional work and services requested, and is not found in this Proposal can be done, but will require additional cost to be paid in full with proposal fee upon the completion of job. We at Copeland Southern Enterprises hope this meets your approval and satisfies your requirements.If so please sign the contract proposal below and return a copy to our office by Fax or Email.Should you have any questions or need any additional information, Please do not hesitate to call Scott Copeland at 239-995-3684 or Mobile#239-707-6806.Fax 239-995-0058 OWNER AUTHORIZATION: I warrant and represent that I am authorized to enter into this contract for professional services and I hereby authorize the performance of the above services and agree to pay the charges upon the completion of the Job resulting there from as identified in the"FEE TYPE"section above. I have read,understand and agree to these Standard Business Terms. Authorized Signature: Date: Typed Name&Title: Lake#30A Boaters Hazard Maker Installation Location fillI 41 ) h ,:,,, .- _■. 1 , , 1 , . , ,3 , 1' -... ,•'-, ... - , I/ 1 . , ,. .., I , i I I :.' / . 7 1 .•,.. , I 4 ■ / ' 4.:7•$.1 , .70 ' 4.1.0 Copeland Southern Enterprises,Inc, DATE: 03/15/2015 OWNER INFORMATION: PROFESSIONAL SERVICES AGREEMENT BETWEEN COPELAND SOUTHERN ENTERPRISES,INC.AND TELEPHONE NO.: (239)245-7118/306 Fax No: (239)245-7120 Heritaee Bay Community Development District in Naples E-MAIL:Justin.Fairclotht stservices.com, OWNER INFORMATION: PROJECT MANAGER:Scott Copeland OWNER'S ADDRESS: 10154 Heritage Bay Blvd,Naples,FL 34120 FEE AND TYPE: BILL TO THE ATTENTION OF:Justin Faircloth,Assistant District Manager Time&Materials based upon the Rate Schedule in effect at the time service is rendered. Estimated Fees: PROJECT NAME:Control Structure LSOCOCO2 Skimmer Repair S Not-To-Exceed Fixed Fee based upon the Rate WORK DESCRIPTION:Drill 3 Steel brackets and Concrete Wall to set 6 New Anchor Schedule in effect at the time service is rendered: Bolts and Nuts for the Aluminum Skimmer Brackets. S REMARKS: 1)All Resident and Guest will need to be notified to stay clear of the work Lump Sum Fixed Fee: $ 175.00 area during the project for everyone's safety. Total Fees: S 175.00 Dear Justin Faircloth In Pursuant to your request,Copeland Southern Enterprises,Inc.is pleased to submit the following proposal for the Lake 30B repairs to the 3 support Brackets on the Aluminum Skimmer for the above-referenced project: SCOPE OF SERVICES(Limited to the following): 1. CSEI will set up MOT around work areas to insure the safety of the residents and guests during the project. 2. CSEI will drill out the existing skimmer screws attached to the Control Structure and set 6 new 3"Anchor Bolts in epoxy. 3. Once the anchor bolts in and epoxy has cured then skimmer brackets will be reattached to the structure with new stainless Steel nuts and washers. 4. Work is estimated to take 5 Flours to complete. 5. MOT will be removed after project has been completed and work areas have been policed. Note: Any additional work and services requested, and is not found in this Proposal can be done, but will require additional cost to be paid in full with proposal fee upon the completion of job. We at Copeland Southern Enterprises hope this meets your approval and satisfies your requirements.If so please sign the contract proposal below and return a copy to our office by Fax or Email.Should you have any questions or need any additional information, Please do not hesitate to call Scott Copeland at 239-995-3684 or Mobile#239-707-6806,Fax 239-995-0058 OWNER AUTHORIZATION: I warrant and represent that I am authorized to enter into this contract for professional services and I hereby authorize the performance of the above services and agree to pay the charges upon the completion of the Job resulting there from as identified in the"FEE TYPE"section above. I have read,understand and agree to these Standard Business Terms. Authorized Signature: Date: Typed Name&Title: Aim Lan dsh ore Enterprises, ',Lc es, t52. Streambank&Shoreline protection/stabilization/reclamation Environmental Engineering,Erosion Control, Construction Management d/b/a Erosion Restoration Reinforcing the American Soils for over a decade Proposal Prepared for: The Heritage Bay CDD c/o: Mr. Justin Faircloth Severn Trent Services 5911 Country Lakes Drive, Fort Myers,FL 33905 3/24/2015 Landshoree Enterprises,LLC - 5601 Powerline Road,Suite 301,Fort Lauderdale,Florida,33309 !Tel:(954)327-3300 • Fax:(954)533-1556 • _A Email:info @landshore.com Landshore Page 1 of3 rsio 0" "7C0 • andsh ore ® n terprises, LLC • EN Stream bank&Shoreline protection/stabilization/reclamation Environmental Engineering,Erosion Control, Construction Management d/b/a Erosion Restoration Reinforcing the American Soils for over a decade The Heritage Bay CDD ESTIMATE #3061 Attn:Mr.Justin Faircloth 5911 Country Lakes Drive, Date: 3/24/2015 Fort Myers,FL 33905 ITEMIZED ESTIMATE:TIME AND MATERIALS Amount LAKE 19 Washout on the southwest end of lake 19(aqua range);utilize fabric cloth and rip rap to carry water discharge completely into the lake. $2.100.00 LAKE6 Washout on the south end by#12 green. $2.200.00 LAKE 22 Storm water run off structure 11'x 4' $13.500.00 LAKE23 Washout/bubbler reconnection by verandas off Siesta Bay. $570.00 LAKE 30A: Marking submerged rock that is approximately 25'off of south west lake bank. Marker to warn boaters of the danger and the rock's location. $555.00 LAKE 308: Control structure L30000O2-replace missing concrete screws in aluminum skimmer to keep it from deforming during high water levels. $250.00 TOTAL ESTIMATED JOB COST $19,175.00 Landshore Enterprises,LLC - 5601 Powerline Road,Suite 301,Fort Lauderdale,Florida 33309 Tel:(954)327-3300 • Fax:(954)533-1556 • Email:info@landshore.com Landshore Page 2 of 3 andshore ® Enterprises, LLC . EN.�EaQ Streambank&Shoreline protection/stabilization/reclamation Environmental Engineering,Erosion Control, Construction Management d/b/a Erosion Restoration Reinforcing the American Soils for over a decade PAYMENT SCHEDULE . Landshore Enterprises'payment policy is as follows: 25% Booking Date 35% Commencement Date 20% Progressive Invoice 20% Completion Date **Invoice is due upon receipt** SPECIAL CONDITIONS The prices quoted in this proposal are based on visual observation only. The client is responsible for survey,engineering and permitting with all government agencies having jurisdiction over the subject site. Actual prices may vary due to pre-existing geotcchnical, or hydrographic conditions which will require different equipment, labor and material. No changes to the approved contract will be made without written approval from the client Unless the client provided comprehensive and conclusive engineering report or paid for the same services to Landshore® Enterprises, LLC,the stipulated above price does not include rock removal,addition of suitable material as necessary,heavy equipment,land surveying,bathymetric survey,geotechnical exploration,engineering or permitting. Landshore Enterprises,LLC is not responsible for damage to utilities if as-built drawings or locations are not provided by the client. Landshore Enterprises,LLC reserves the right to change this estimate unless an agreement is reached within 90 days of the original estimate date. This is an estimate only. This is not a contract This estimate is for completing the job described above,based on our evaluation.It does not include unforeseen price increases or additional labor and materials which may be required should problems arise. Client Representative Signature Date Landshore®Enterprises Representative Signature Date Landshore Enterprises,LLC - 5601 Powerline Road,Suite 301,Fort Lauderdale,Florida 33309 Tel:(954)327-3300 • Fax:(954)533-1556 • Email:info @landshore.com Landshore Page 3of.3 SEVERN Severn Trent Environmental Services,Inc. 5911 Country Lakes Drive Fort Myers, FL 33905 TRENT United States SERVICES 3310 F: +1 239 694 5357 www.severntrentservices.com CONTRACT IN CONSIDERATION of the mutual covenants and promises contained herein, Severn Trent Environmental Services,Inc. (the"Company")agrees to perform the following services for Heritage Bay CDD(the"Client"): Location of Work: Heritage Bay CDD Start Date: Upon Approval Anticipated Completion Date: 7-10 days I. DESCRIPTION OF SERVICES: a. Lake#5: Reshape lake bank to eliminate debris from entering pipe.Use diver to dredge in and around out fall pipe. Install filter fabric and approximately 5-6 cubic yards of rip rap. b.Lake#6: repair washout near 12th green. Install#57 stone,filter fabric and rip rap. c. Lake#19: repair washout on the southwest end near aqua range.Install and extend filter fabric and rip rap to edge of lake. d.Lake#22: Trench all three(3)washed out areas with trackhoe.Install filter fabric and rip rap into lake. e. Lake#23: Reconnect bubbler and install new grate.Install filter fabric and rip rap to edge of lake. f.Lake#30A:Use diver to install a 30"x 20"aluminum warning sign approximately 25-30 feet into the lake.Note: Sign will be yellow with black lettering and double sided. "WARNING HIDDEN ROCKS". g. Lake#30B:Control Structure L30000O2,replace screws aluminum skimmer. II. CONTRACT PRICE: The Client agrees to pay the Company for the services provided under this agreement as follows: Item Description Unit Cost or Total Cost Agreed to: (please initial) C:\Users\dmanza\AppData\Local\Microsoft\Windows1Temporary Internet Files\Content.Outlook\7QSSJR46\Lake 5 6 19 22 23 30A 30B repairs(3-24-15).doc Pg. 1 of 5 Hourly Rate Lump Sum Total N/A $18,780.49 Unless stated otherwise above,payments are due in accordance with the standard terms and conditions of this Contract. If any unforeseen problems should be discovered during the performance of the above referenced service, we will notify you immediately of their nature and any additional cost that may be incurred. Unless otherwise specified,rock removal,dewatering,cover-up,and haul off are not included. Severn Trent Services is not responsible for unmarked underground lines. Any changes requested by the owner/builder are not covered by this agreement,and must be added subsequently,at the cost agreed upon by both parties. Agreed to: (please initial) C:\Users\dmanza\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\7QSSJR46lLake 5 6 19 22 23 30A 30B repairs(3-24-15).doc Pg.2 of 5 III. ITEMS TO BE PROVIDED BY THE CLIENT A. Provide access to premises. B. Any permit modification if applicable. THE STANDARD TERMS AND CONDITIONS on the pages following this Contract are agreed to be a part of this Contract. Offered by: Accepted by: Severn Trent Environmental Services,Inc. Signed Signed By: By: Printed Printed Name: Name: Title: Title: Address for Notices: Date: Date: Agreed to: (please initial) C:\Users\dmanza\AppData\Local\Microsoft\Windows\Temporary Internet FileslContent.Outlook\7QSSJR46\Iake 5 6 19 22 23 30A 30B repairs(3-24-15)doe Pg.3 of 5 STANDARD TERMS AND CONDITIONS Definitions. As used herein, the following terms shall have the following known technical or trade meanings are used in this Contract in accordance with meanings: such recognized meanings. • "Change of Law'the occurrence of any of the events listed in(i)through(iv) Offer to Contract. Company's proposal and the accompanying documents below,which results or can reasonably be expected to result in a direct referred to under the definition of the term "Contract" herein (including the increase to the Company's cost of providing the Services: terms and conditions set forth herein)constitute an offer to contract which may (i) there is passed or promulgated any federal, state, or other local law, be accepted by the client within thirty(30)days from the date hereof(or within statute,ordinance,rule or regulation different from those existing on the such shorter or longer period of time, if any is specified in the Company's date of the Contract;or proposal)and only on the exact terms hereof. If additional or different terms are (ii) there is passed or promulgated any amendment to, or change in, any proposed by Client, such proposal or request shall constitute a counter offer federal, state,or other local law,statute, ordinance,rule or regulation which Company may,at its option,accept by written notice to the Client signed (including any applicable sales tax regulation)following the date of the by the Company.'This Contract shall not be binding on the Company unless it is Contract;or executed by the Client and a duly executed copy is delivered to the Company (iii)there comes into existence an order or judgment of any federal,state,or within the period of time specified above. local court,administrative agency or other governmental body following Entire Agreement.The terms and conditions set out herein are the entire terms the date of the Contract containing interpretations of law relating to the and conditions of this Contract and any prior or contemporaneous provision of the Services by the Company that is inconsistent with understandings or agreements,oral or written,are merged herein. There are no generally accepted interpretations in effect on the date of the Contract; representations or warranties, agreements, or covenants other than those or expressly set forth in this Contract. This Contract may be amended or modified (iv)(a)the imposition of any condition different from those existing on the and/or any right or obligation arising under this Contract may be waived from date of the Contract on the issuance or renewal of any official permit, time to time only by a written instrument executed by the Client and the license or necessary approval related to the provision of the Services by Company. The failure of the Company at any time to enforce any of the the Company, or (b) there shall be a suspension, termination, provisions of this Contract shall not constitute a waiver of such provision. interruption, revocation, denial or failure of renewal of any official Quality of Work and Materials. All Services to he provided hereunder shalt permit, license or necessary approval related to the provision of the be performed by qualified personnel in accordance with professional standards. Services by the Company, including without limitation such of the Company acknowledges that the Client is relying on the Company to use the foregoing as are issued or approved by the USEPA, the Occupational effort,skill,diligence and quality control/quality assurance measures expected of Safety and Health Administration or any local Environmental and/or a qualified professional firm performing services of a similar nature to the Building Department; Services to be performed by the Company pursuant to this Contract. Any • "Client"means the party or parties identified as such in this Contract. In materials furnished by the Company shall be current,of merchantable quality addition,the term"Client"specifically includes the party or parties to whom and in compliance with any technical standards or specifications incorporated the Company provides Services and the party or parties responsible for into this Contract. When certain materials are specified by a reference standard, paying the Company for Services provided pursuant to this Contract Company may select any suitable commercially acceptable material meeting the • "Contract"means these terms and conditions,any additional terms and standard. conditions attached hereto and/or expressly incorporated herein directly or by Compliance with Law. All parties shall comply with all applicable laws in reference including,without limitation,the Company's proposal to perform performing their respective obligations hereunder. the Services to the extent such proposal is referenced or attached herein; Contract Schedule.The date of completion provided in this Contract,if any,is • "Contract Price"means the compensation to be paid by the Client to the approximate and is based upon prompt receipt by Company of all necessary Company in accordance with the terms of this Contract; information and data required to be supplied by the Client, and is subject to • "Company"means Severn Trent Environmental Services,Inc.and its weather,groundwater conditions and unforeseen site conditions. Company will permissible successors and/or assigns. Any reference to actions taken or not use all reasonable efforts to meet the stipulated completion date and completion taken by the Company shall include those actions taken or not taken on of the Services within a reasonable time shall constitute the Company's full Company's behalf; compliance with this Contract. • "Services"means the evaluation,rehabilitation and restoration services to be Additional Work.(a)All additional labor,materials,tools, bonds, insurance, provided by the Company to the Client as identified in this Contract; equipment, licenses, taxes, transportation, surveys, engineering, other • "Uncontrollable Circumstances"means any act,event or condition to the professional services and any additional item provided by or on behalf of the extent that it materially and adversely impacts the cost of performance of,or Company as a result of Uncontrollable Circumstances(including a Change of materially and adversely affects the ability of the Company to perform the Law)shall constitute additional work extending beyond the scope of the Services Services in accordance with the terms of the Contract if such act,event or to be provided by Company hereunder. Company shall be compensated for all condition,in light of any circumstances that should have been known or such additional work commensurate with the appropriate unit prices and/or reasonably believed to have existed at the time,is beyond the reasonable hourly rates indicated in this contract and if no such prices or rates are provided, control and is not a result of the willful or negligent act,error or omission or Company shall be compensated for the fair and equitable value of such failure to exercise reasonable diligence on the part of the Company.Such additional work in an amount reasonably agreeable to the parties; (b)The acts,events or conditions may include,but shall not be limited to,the parties may add,delete,modify,alter,or accelerate the Services to be performed following:(a)an act of Clod,landslide,earthquake,fire,explosion,flood, hereunder,including without limitation,order changes to the Services,or require sabotage,or similar occurrence,acts of a public enemy,extortion,war, the Company to perform additional services hut only through a duly executed blockade or insurrection riot or civil disturbance;or(b)a Change of Law;or change or field order. All change and field orders shall be in writing and require (c)the failure of any appropriate governmental agency or private utility to the signature and acceptance by Company prior to becoming effective. Unless provide and maintain utilities required by the Company in order to perform agreed to otherwise by the Company, all such change and field orders shall the Services,etc. reflect the parties'agreement regarding price and proposed completion date. Construction of Agreement. Whenever the context requires,the gender of all Employee Safety.Company shall he responsible for the safety,efficiency and words used in this Contract includes the masculine,feminine,and neuter. All adequacy of its employees and any vehicles and/or machinery, equipment or references to Articles and Sections refer to articles and sections of this Contract, materials furnished or utilized by the Company during the performance of and all references to Exhibits are to Exhibits attached to this all purposes. Services. Company, however, shall not assume any obligation or incur any Captions, headings, cover pages, tables of contents and footnote instructions liability for personal injury or property damage caused by (i) unsafe site contained in this Contract are inserted only to facilitate reference and for conditions not created by the Company or by any of its agents,employees and convenience and in no way define,limit or describe the scope,intent or meaning subcontractors, (ii) work being performed by other parties not related to the of any provisions of this Contract. Words and abbreviations that have well Company,(iii)the negligence of the Client,and/or(iv)the negligence of any third party not related to the Company. Agreed to: (please initial) C:\Users\dmanza\Appllata\Loca1\Microsoft1Windows\Temporary Internet Files\Content.Outlook\7QSS1R46ILake 5 6 19 22 23 30A 30B repairs(3-24-15).doc Pg.4 of 5 Uncontrollable Circumstances.Any delay,default or termination in or of the No Third Party Beneficiaries. This Contract is entered into solely between, performance of the Services by the Company hereunder caused directly or and may be enforced only by the Company and Client;and this Contract shall indirectly by Uncontrollable Circumstances shall not be deemed a breach of this not be deemed to create any rights in third parties,including clients,suppliers,or Contract. The occurrence of such event shall suspend the obligations of the customers of a party,or to create any obligations of a party to any such third Company as long as performance is delayed or threatened thereby,and the fees parties. due hereunder shall be equitably adjusted. Restriction on Use of Reports.Any reports rendered under this Contract by the Ownership of Documents and Inventions. (a) All tracing, specifications, Company are prepared for their intended purposes only.Use of the reports and computations, notes and other original documents as instruments of service data contained therein for other purposes is at the Client's solc risk and shall,following the full payment of the Contract Price,become the property of responsibility. the Client,provided however that the Company shall be entitled to keep copies Notices.Wherever under this Contract one party is required or permitted to give of same; (b) All inventions, discoveries and copyright in work of authorship, notice to the other party,such notice shall be in writing and shall be delivered including those in formative stages, made by the Company (either alone or personally,sent by facsimile transmission,sent by nationally recognized express jointly with the Client)shall from the time of conception or,in the case of works courier or sent by certified,registered,first class mail,postage prepaid,but not of authorship,from the time of creation be the property of Company. by electronic mail. Any such notice shall be deemed given when actually Approval of Work.Services performed by Company shall be deemed approved received when delivered either personally, by facsimile transmission or by and accepted by Client within a reasonable period of time(but in no event longer express courier,or if mailed,on the fifth day after its mailing,postage prepaid to than thirty(30)days)after the Client has had the opportunity to review and/or the recipient party. inspect such services unless Client objects within such period of time by written Governing Law.This Contract and performance under it shall be governed by notice specifically stating the details in which Client believes such services are and construed in accordance with the laws of the state in which the client's incomplete or defective. Under all circumstances,final payment of the Contract principal office is located. Venue for any action under this Contract shall be in Price shall be deemed as conclusive evidence that the Client has accepted all the state court in the county in which the client's principal office is located. Services provided. Severability. Each and every provision of law and government regulation Payment Terms.Unless specifically stated otherwise,all payments are due Net required by law to be inserted in this Contract shall be deemed to be inserted and 30 days from the date of invoice. Any payment delayed beyond thirty(30)days this Contract shall read and shall be enforced as though so included herein,and from the specified due date,unless occasioned by fault of the Company,shall be if through mistake or otherwise any such provision is not inserted or is not subject to one and one-half percent(1.5%) per month interest on the unpaid correctly inserted,then upon the application of either party,this Contract shall balance. be deemed to be amended to make such insertion or correction. If this Contract Taxes. Prices do not include sales,use,excise, ad valorem,property or other contains any unlawful provision, the same shall be deemed of no effect and taxes now or hereafter imposed directly or indirectly, by any governmental shall,upon the application of either party,be deemed stricken from this Contract authority or agency with respect to this Contract. Client shall pay directly or without affecting the binding force of the remainder. reimburse Company for any such taxes that the Company may be required to Company's Liability.In the event that claim(s)raised against the Company on pay. If the Client is a tax-exempt entity,the Client shall provide the Company account of this Contract, or on account of the Services performed hereunder, with proof of such exemption. is/are covered under the Company's insurance policies,the Company shall not Default and Termination. This Contract may be terminated by either party be responsible for any loss,damage or liability beyond the amounts,limits and upon a seven(7)days written notice in the event of substantial failure by the conditions of such insurance policies. With respect to any other cause of action other party to perform in accordance with the terms hereof through no fault of and/or claim arising under this Contract,or otherwise arising as a result of,or on the terminating party. In the event of any termination,Company shall be paid account of,the Services provided hereunder,Company's total liability shall not for all services rendered and materials supplied(including materials specifically exceed the Contract Price. manufactured/made for the Client that have yet to be supplied)through the date Insurance. Company shall procure and maintain through the period of this of termination. For purposes of this section, the failure of the Client to pay Contract,at Company's own cost and expense(a)general liability insurance in Company in accordance with the payment terms of this Contract shall be the amount of not less than one million dollars($1,000,000)combined single considered such a substantial failure. In the event of a substantial failure on the limit for personal injury and property damage; (h) errors and omissions part of the Client,Company,in addition to the right to terminate set forth in this insurance in an amount of not less than one million dollars($1,000,000);and(c) paragraph,may also elect to suspend work until the default in question has been worker's compensation insurance in accordance with all statutory requirements. cured. No delay or omission on the part of Company in exercising any right or Successors and Assigns. Neither Client or Company shall assign, sublet, or remedy hereunder shall constitute a waiver of any such right or remedy on any transfer any rights under or interest in(including,but without limitation,moneys future occasion. that may become due or moneys that are due)this Contract without the written Indemnification.(a)Company agrees to indemnify and save harmless the Client consent of the other, except to the extent that any assignment, subletting or from and against any claim, demands, suits, liabilities, losses and expenses transfer is mandated by law or the effect of this limitation may be restricted by incurred by the Client as a result of Company's negligence, misconduct, or law. breach of this Contract;provided,however,that in the event that both Client and Company are determined by a finding of fact to be negligent and the negligence of both is a proximate cause of such claim for damage,then in such event,Client and Company shall each be responsible for the portion of the liability equal to its comparative share of the total negligence; (b)Client agrees to indemnify and save harmless the Company from and against any damages suffered by the Company as a result of(i)the Client's negligence,misconduct,or breach of this Contract;or(ii)changes in plans or specifications made by the Client or others; or(iii)work performed by the Client or other contractors hired by the Client. Disclosure of Information and Cooperation of the Parties. (a)The Client represents and warrants that it will furnish the Company with all items,if any, described in this Contract in a diligent and timely manner;(b)The Client further represents and warrants that it has disclosed,and it will continue to disclose,any and all information it now has,or may have in the future,to the extent that such information is relevant to the Company in performing its duties and obligations hereunder,(c)Each party hereto agrees that it will cooperate in good faith with the other and its agents, employees, representatives, officers, contractors and subcontractors to facilitate the performance of the mutual obligations set forth in this Contract. Agreed to: (please initial) C:1IJsersl rimama\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Onilook\7QSSJR46\Lake 5 6 19 22 23 30A 30B repairs(3-24.15),doc Pg.5 of 5 Southwest Development Services,inc. PROPOSAL 690 23'd St NW Date proposal Naples,FL 34120 (239)470-5522 3-31-15 2100 To: SEVERN TRENT MANAGEMENT SERVICES RE:HERITAGE BAY C/O JUSTIN FAIRCLOTH Project Description Amount - LAKE#22(@ 3 cart path drain outlets) Repair washouts,form and pour concrete flumes down to the waters edge. - LAKE#23 Repair washout,remove bubbler tie in ADS drain pipe and run to below water surface with a not flotation device attached. - LAKE#30A Install missing control STR screws. - LAKE#30B Install a floating marker in order to mark under water hazard. - LAKE#6 Repair wash out with fill,premium quality filter fabric and rip-rap. Approximate area to be repaired 15'x10'+/- - LAKE#19(two washouts) Repair using the same materials same as above.Each area consists of approximately 40'x 6'+/- NOTE:Includes all labor,materials and concrete pump. 1�. Thank You.Proposal valid for 30 days Total $9,950.00 Southwest Development Services,inc. PROPOSAL 690 23'd St NW Date proposal Naples,FL 34120 (239)470-5522 3-31-15 2101 . , To: SEVERN TRENT MANAGEMENT SERVICES RE:HERITAGE BAY C/O JUSTIN FAIRCLOTH Project Description Amount - LAKE#5 Repair wash out using fill,top quality filter fabric and rip-rap down to the waters edge.Consisting of 10'x15'+/- Note:this fee is based on the work being performed during the same time period as the work for proposal 2100. Thank You.Proposal valid for 30 days Total $1,500.00 Faircloth, Justin From: David Messenbaugh <david @landshore.com> Sent: Wednesday,April 01, 2015 10:54 AM To: Faircloth,Justin Subject: Heritage Bay- Pricing Good morning,Justin. Below is pricing for Heritage Bay per Andre: HERITAGE BAY Description Price 1. Install Drain Pipes(5) $ 8,000.00 From Easement to Lakes Connect Pipes to Bubbler from Downspout $ 7,000.00 Total $15,000.00 2. Build Swale $18,000.00 Total $18,000.00 Gross Total for#1&#2 Above: $33,000.00 Thank you,Justin. Respectfully, David Messenbaugh } Landshore Enterprises,LLC d/b/a Erosion Restoration,LLC "Your Shoreline Protection Specialist" 5601 Powerline Rd.,Ste.#301 Fort Lauderdale, FL 33309 P. 954-327-3300 F. 954-533-1556 www.landshore.com 1 .Landshore® Enterprises, LW • so-vs Streambank&Shoreline protection/stabilization/reclamation Environmental Engineering,Erosion Control, Construction Management d/b/a Erosion Restoration,LLC Reinforcing the American Soils for over a decade Proposal prepared for: Severn Trent Services, Inc. c/o: Mr. Calvin Teague, District Manager 5911 Country Lakes Drive Fort Myers,FL 33905 Project Name: The Heritage Bay CDD 10154 Heritage Bay Blvd. Naples,FL 34120 March 26,2015 Landshore®Enterprises,LLC - 5601 Powerline Road,Suite 301,Fort Lauderdale,Florida 33309 k Tel:(954)327-3300 • A Fax:(954)533-1556 • Email:info @landshore.com Landshore Page 1 of 8 ,��y Landshore Enterprises, L.Lc • .0-cs Q� Streambank&Shoreline protection/stabilization/reclamation Environmental Engineering, Erosion Control, Construction Management d/b/a Erosion Restoration,LLC Reinforcing the American Soils for over a decade Severn Trent Services,Inc. c/o:Calvin Teague,District Manager 10154 Heritage Bay Blvd. Naples,Florida 34120 March 26,2015 Dear Mr.Teague, Thank you for allowing Landshores Enterprises,LLC to offer construction layout and technical-engineering services limited to research and evaluation of current condition with the purpose of construction estimate,in accordance to Chapter 472.003(3)(c) of Florida Statues. Pursuant to your request we prepared proposal which includes the following items. Erosion and sedimentation control swale for approximately 575 ft. of shoreline. located at Biscayne Bay At Heritage Bay Unit Four Lots 198-206. A. Establish horizontal and vertical control using existing plan and survey provided by the owner or available from public sources.Research and investigation with government agencies having jurisdiction. B. Bring vertical elevation,based on nearest County benchmark,if found.Otherwise,set-up a temporary bench mark in reference to observed water table and local landmarks-for contractor's use only.Verify existing topographic survey,bathymetric survey 2 ft.below design water table and soil survey. C. Prepare set of plans based on aerial photographs,to scale, in state plane coordinates with cross sections, details,specifications and best management practices for storm water pollution prevention,signed&sealed by the third party independent Florida Licensed Professional Engineer. D. Apply for review and approval from South Florida Water Management District. E. Provide periodic inspections, construction supervision, certification to the owner, project close-out and release with the government agencies having jurisdiction. Items A-E base fee,including one time mobilization $3,200.00 We will begin work within two weeks of acceptance of this proposal and receipt of retainer of$2,000.00. The estimated cost for this work is Three Thousand Two Hundred Dollars($3,200.00).Should you require services on this project beyond this scope of supply,we would revise this proposal to include items you may add or at your discretion we are available on a time and material basis. Landshoree Enterprises,LLC - 5601 Powerline Road,Suite 301,Fort Lauderdale,Florida 33309 ft Tel:(954)327-3300 • Fax:(954)533-1556 • Email:info @landshore.com Landshore Page 2 of 8 v� Landshore Enterprises,l' LLC Streambank&Shoreline protection/stabilization/reclamation Environmental Engineering, Erosion Control, Construction Management d/b/a Erosion Restoration,LLC Reinforcing the American Soils for over a decade Besides construction services outlined above we will be happy to provide you with professional services in civil, structural,geotechnical,surveying,legal and any other disciplines on an hourly basis or by a separate contracts-if it will become necessary based on our initial observations of existing situation on-site or if specifically requested in writing by yourself or by the government agencies having jurisdiction. All permit/application/review fees or separate charges accessed by the government shall be paid by the Client/Owner. Should you have any questions regarding this matter please do not hesitate to contact our office.Again,thank you for the opportunity to offer this proposal,we are looking forward to working with you. Standard Paragraphs: The Standard Form of Agreement between Severn Trent Services,Inc.,further referred as"Client"and Landshore® Enterprises, LLC for technical-engineering services related to construction,design-built services and professional services for Professional Services as published by the National Society of Professional Engineers, The American Consulting Engineers Council and The American Society of Civil Engineers shall govern all aspects, disputes and responsibilities with respect to this contract Document EJCDC E-500,latest edition. All technical-engineering services,design-built (D-B) services or professional services requested by the Client or government agencies having jurisdiction,which are not specifically outlined in the contract, or requested by the Client as a revision in the scope of the Project will be performed by contract addendum at an agreed upon price or the same will be accomplished at the contract's hourly rates. It is understood that the selection decision for a contract award may be based on the best value to the Owner from the combination of quality,management expertise,and price,but not necessarily the lowest price or on the lowest priced,technically acceptable proposal. Design by the D-B contractor usually takes place before and sometimes during construction activities in the D-B contract.When a design is being developed concurrent with construction activities, this is called the "fast-track" approach.The fast-track approach is commonly used to combine design and construction time,which results in the project being completed in a shorter time period.Fast-track approach allows the D-B contractor to design portions of the work,start construction on those designs completed,and continue work while reviewing and designing other portions of the work. In the Design-Build process,final design solutions are provided by the D-B contractor,not the Owner,since the main goal of D-B contract is to ensure the adequacy and quality of desired construction,which were built into the selection criteria during alternative bid evaluation process. Any additions and/or deletions to the scope of work shall be presented in writing by Landshore®Enterprises,LLC and executed by both the Client and Landshore®Enterprises,LLC. Landshore®Enterprises,LLC - 5601 Powerline Road,Suite 301,Fort Lauderdale,Florida 33309 24 Tel:(954)327-3300 • Fax:(954)533-1556 • Ird Email:info@landshore.com Landshore Page 3 of 8 Landshore Enterprises, ',Lc ..•-�� ► Evrc 9 Streambank&Shoreline protection/stabilization/reclamation Environmental Engineering,Erosion Control, Construction Management d/b/a Erosion Restoration,LLC Reinforcing the American Soils for over a decade Hourly services as stipulated in this contract shall be performed at the company's prevailing rates for the duration of the work efforts associated with this Project.The following rates presently apply: Professional Engineer $190.00/Hour Design Engineer $150.00/Hour CAD Operator $100.00/Hour Construction Administration $ 70.00/Hour Landshore®Enterprises,LLC is not responsible for the means,methods,techniques,sequences and procedures of construction selected by another Contractor. It is also not responsible for any failure of another Contractor to comply with laws, regulations,ordinances,codes or orders applicable to Contractor's furnishing and performing the work proposed by Landshore®Enterprises,LLC. Measurements of lake depth and location data and its further graphical interpretation by Landshore®Enterprises, LLC using Geographic Information System (GIS) and its precision and accuracy are limited to the same of the reference information, methods and instruments used. It is understood that information will be collected by Landshore®Enterprises, LLC at the request of the Client,for his/her personal use such as providing more accurate estimate and submittal to the government agencies may require different standard or format. Although every reasonable attempt will be made to present data as accurate as possible Landshore® Enterprises, LLC makes no guarantees concerning its measurements,findings or any irregularities of lake bottom or other parts of this project.By accepting this proposal or distributing information depicted on any plans and documents prepared by the Landshore®Enterprises,LLC to other parties the recipient hereby agrees to indemnify and hold Landshore® Enterprises, LLC harmless and to waive to the fullest extent permitted by law any claim resulting from damages, losses and expenses,including attorneys'fees arising out of or resulting from usage of this information,or cause of action of any nature against Landshore®Enterprises,LLC. Project Limitations; The Client is responsible to adhere to all applicable Federal,State,County,City,District and any other municipal or local laws,regulations,rules,ordinances and guidelines. Unless specifically hired to obtain all necessary permits - Landshore® Enterprises, LLC will not be liable for any construction or design issues, violations, fines or claims received due to nonconformance and noncompliance to standards or absence of permits (submittal of permit application does not guarantee the approval, additional services such as expediting,meetings with reviewer,etc.may be performed at an hourly rate,at the Client's request). Casus Fortuitous: Neither Client nor Landshore®Enterprises,LLC will be responsible to the other for any delay,failure in performance, loss or damage due to fire, explosion, power blackout, earthquake,volcanic action, flood, the weather elements, Landshore®Enterprises,LLC - 5601 Powerline Road,Suite 301,Fort Lauderdale,Florida 33309 e Tel:(954)327-3300 • &Fax:(954)533-1556 • El Email:info @landshore.com Landshore Page 4 of Ptt00SHOR y Landshore® Enterprises, LLc stAl ('e Streambank&Shoreline protection/stabilization/reclamation Environmental Engineering, Erosion Control, Construction Management d/b/a Erosion Restoration, LLC Reinforcing the American Soils for over a decade strike,embargo,labor disputes,riots,civil or military authority,war,terrorist acts,acts of God,acts or omissions of carriers or suppliers,acts of regulatory or governmental agencies,or other causes beyond the reasonable control, except that Client must pay for any services rendered. Indemnification and Duty to Defend: Prior to the beginning of works outlined in this Contract the Client shall be responsible to notify the owners and interested parties of all affected properties and utilities and receive their approval. To the extent provided by law the Client agrees to indemnify,defend,and hold harmless the Landshore®Enterprises, LLC and all of its officers, agents, employees, sub-contractors and consultants from any third-party claim, loss, damage,cost,charge,or expense during the performance of this Contract,whether direct or indirect and whether to any person or property to which Landshore®Enterprises,LLC or said parties may be subject. Furthermore the Client agrees to participate and associate with the Landshore®Enterprises,LLC in the defense and trial of any damage claim or suit and any related settlement negotiations,shall such arise-within fourteen(14)days of receipt by the Client notice of claim.This provision will continue to apply after the contract ends. Pursuant to section 558.0035,Florida Statutes,an individual employee or agent may not be held individually liable for negligence. Oualiflcations: Landshore®Enterprises,LLC agrees that its staff and sub-consultants possess the necessary licenses required by the professional licensing boards having jurisdiction over the services to be provided and that when required, staff members possessing such licenses and qualified to perform the required services shall be assigned to this project. Intellectual Property Rights; It is understood that all sketches and calculations,including price quotations which are submitted for this proposal, based on assumptions made by Landshore® Enterprises, LLC and data derived from information provided by the client and public sources-is confidential and will not be shared or distributed to other parties without the written consent of Landshorea Enterprises,LLC.All drafting and technical work performed by Landshore®Enterprises,LLC or its sub-consultants is hereby declared an intellectual property and protected under copyright law. After all payments to Landshore® Enterprises, LLC will be made in full in accordance to this contract,by virtue of "work for hire" doctrine outlined in Section 101 of the 1976 Copyright Act - Intellectual Property Rights are transferred to the Client who thereby accepts all responsibility and full liability for further use of all printed documents and data. Please note that State of Florida has a broad public records law under Florida Chapter 119.All state,county,and municipal records are open for personal inspection and copying by ANY person.Landshore®Enterprises,LLC hereby Landshore®Enterprises,LLC - 5601 Powerline Road,Suite 301,Fort Lauderdale,Florida 33309 e Tel:(954)327-3300 • A Fax:(954)533-1556 • CI Email:info @landshore.com Landshore Page 5 of 8 Landshore Enterprises LLC Streambank&Shoreline protection/stabilization/reclamation Environmental Engineering, Erosion Control, Construction Management d/b/a Erosion Restoration,LLC Reinforcing the American Soils for over a decade disclaim all liability arousing from improper usage of its information for any other purposes except from what it was specifically intended and any damages,loss or harm to public welfare that such application or interpretation may possibly cause to the Client or third parties. permit and Submittal Fees: Our contract fees do not include any permit application or processing fees that may be assessed by the governmental agencies having jurisdiction.The total cost of these fees shall be the client's responsibility. Outside Service and Reproduction Fees: The stipulated contract fees do not include the cost of printing,copies,photo processing,long distance phone calls or the services of outside parties.These fees are separate charges,which shall be approved in writing by Client and invoiced as direct charges. Certificate of Merit: The Client shall make no claim for professional negligence,either directly or by way of a cross complaint against this consultant unless the Client has first provided the consultant with a written certification executed by an independent consulting engineer currently practicing in the same discipline as the consultant and licensed in the State of Florida. This certification shall:a)contain the name and license number of the certifier;b)specify the acts or omissions that the certifier contends are not in conformance with the standard of care for a consultant performing professional services under similar circumstances and c) state in detail the basis for the certifiers opinion that such acts or omissions do not conform to the standard of care for the profession. This certificate shall be provided to the consultant not less than thirty(30)days prior of the presentation of any claim or the institution of any arbitration, mediation or judicial proceeding. Client Termination Agreement: This Agreement may be terminated without cause but in good faith by either Landshore® Enterprises, LLC or the Client.The party terminating the Agreement must provide written notice to the other party ten (10)days prior to the effective date of termination.In the event of termination,Landshore®Enterprises,LLC shall be compensated for all services performed prior to the effective date of termination and shall provide the client with all information acquired by and/or generated by Landshore®Enterprises,LLC as a result of performing its contractual obligations, including but not limited to survey data,reports,specifications,plans,and results of soil sampling. Assignability: The Client and Landshore®Enterprises,LLC,respectively,bind themselves,their partners,successors,assigns and legal representatives of such other party,with respect to all covenants of this Agreement.Neither party hereto shall assign this Agreement without the written consent of the other party. Landshore®Enterprises,LLC - 5601 Powerline Road,Suite 301,Fort Lauderdale,Florida 33309 S Tel:(954)327-3300 • Fax:(954)533-1556 • Email:info@landshore.com Landshore Page 6 of 8 47- Landshore® Enterprises, LLC stect'Q Streambank&Shoreline protection/stabilization/reclamation Environmental Engineering, Erosion Control, Construction Management d/b/a Erosion Restoration,LLC Reinforcing the American Soils for over a decade Attorney's Fees, The laws of the State of Florida shall govern all aspects of the parties'Agreement.In the event of any litigation arising from or related to this agreement or the services provided under this agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorneys'fees and all other related expenses in such litigation. It is also agreed that such arbitration or litigation take place in Miami-Dade County,Florida. Cooperation and Project Understanding To the extent requested by Landshore®Enterprises,LLC,Client will make available to Landshore®Enterprises,LLC all information in its possession regarding existing and proposed conditions at the site. Such information shall include, but not be limited to engineering reports, plot plans, topographic or hydrographic surveys, soil data including borings,field and laboratory tests,written reports,etc.Client shall immediately transmit to Landshore® Enterprises, LLC any new information concerning site condition which becomes available,and any change in plans or specifications concerning the Project to the extent such information may affect Landshore® Enterprises, LLC performance of the Services.Client agrees,upon 24 hours oral or written notice,to provide a representative at the job site to supervise and coordinate the Services.Landshore®Enterprises,LLC shall not be liable for any inaccurate or incorrect advice,judgment or decision which is based on any inaccurate information furnished by Client and Client shall indemnify Landshore®Enterprises, LLC or its Consultants against claims,demands,or liability arising out of, or contributed to,by such inaccurate information. Client agrees to provide entry to the project site for Landshore®Enterprises,LLC employees and consultants with proper identification for the purposes outlined in this contract.Lock-out charges will be assessed on an hourly basis for any delay exceeding one hour. Non-Solicitation and Hiring of Employees: To promote an optimum working relationship,the Client agrees in good faith not to directly or indirectly employ or otherwise engage any employee of Consultant or any person employed by Consultant within the prior twelve month period without the prior written consent of Consultant. This restriction shall apply during the term of and for a period of one (1) year after the termination of this Agreement. The Client further agrees that loss of any such employee would involve considerable financial loss of an amount that could not be readily established by Consultant. Therefore,in the event that Client should breach this provision and without limiting any other remedy that may be available to Consultant,the Client shall pay to Consultant a sum equal to the employee's current annual salary plus twelve(12]additional months of the employee's current annual salary for training of a new employee as liquidated damages. Invoicing and Payment: Landshore®Enterprises,LLC will submit invoices on a monthly basis during the progress of work under this contract as a proration of the services completed to date.In some cases,invoicing may occur upon completion of a phase of Landshore®Enterprises,LLC - 5601 Powerline Road,Suite 301,Fort Lauderdale,Florida 33309 '2 Tel:(954)327-3300 • Fax:(954)533-1556 • Email:info @landshore.com Landshore Page 7 of 8 y Landshore Enterprises, LLC ��4� �µ�s"e Streambank&Shoreline protection/stabilization/reclamation Environmental Engineering,Erosion Control, Construction Management d/b/a Erosion Restoration,LLC Reinforcing the American Soils for over a decade the project or completion of the project.Retainers,when required,will be deducted from the final payment for the Project. Payment for services is due upon receipt of invoice and shall be made within 15 days of receipt of invoice.If payment is not received in 30 days from the date invoiced,Landshore®Enterprises,LLC reserves the right to cease all work on the Project.After 60 days of non-payment,we will exercise the right to file a lien against the project. Client agrees to pay for any costs of collection,including,but not limited to lien costs,court costs or attorneys'fees involved in or arising out of collecting any unpaid or past due balances. Landshore®Enterprises,LLC shall not be liable to Client or any third party for claims arising from suspension and termination of work due to client's failure to provide timely payment. Any charges held to be in dispute shall be called to our attention within fifteen(15)days of receipt of invoice and Client and Landshore Enterprises,LLC shall work together in good faith to resolve their differences.If a portion of the invoice is disputed within 15 days,the client shall be obligated to pay the undisputed portion of the invoice. If unable to resolve differences in thirty(30) days,Landshore®Enterprises,LLC shall have the right to suspend or terminate service. If the proposed services and fees are acceptable,please affix the signature of a duly authorized officer in the space provided,and provide requested information for our records and return an executed copy to this office.Your request for services is greatly appreciated. The undersigned signatories acknowledge that they are duly authorized to sign and bind the party for whom they are signing for.The undersigned signatories further acknowledge that their actions and signatures have been approved by the corporation or other legal entity for whom they are acting or signing. Sincerely, Landshore®Enterprises,LLC Signature Proposal Acceptance: The stated fees,conditions and terms are accepted. Payment for services will be made as stipulated above. You are authorized to perform the work specified. Signature Name,Title Date Landshore®Enterprises,LLC - 5601 Powerline Road,Suite 301,Fort Lauderdale,Florida 33309 f+3 Tel:(954)327-3300 • A Fax:(954)533-1556 • L 1 Email:info @landshore.com Landshore Page 8 of 8 r e O i - f F g tn ; s a ua F S §_ o ha ° 17 n 011 :s 'a u I,,so• ate"`��i S�r +-a fi" II �'jE�t�Avv w _ ' "5f 3' ~' "f �$t�k. 1.v..u' S 1 y pt's' p r`°`'4:. 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Lan dsh ores Enterprises, LLC • eN�e�P� Streambank&Shoreline protection/stabilization/reclamation Environmental Engineering,Erosion Control, Construction Management d/b/a Erosion Restoration Reinforcing the American Soils for over a decade Proposal Prepared for: The Heritage Bay CDD c/o: Mr. Justin Faircloth Severn Trent Services 5911 Country Lakes Drive, Fort Myers,FL 33905 3/24/2015 Landshoree Enterprises,LLC - 5601 Powerline Road,Suite 301,Fort Lauderdale,Florida,33309 FR Tel:(954)327-3300 • Fax:(954)533-1556 • '1 Email:info@landshore.com Landshore Page 1 of3 y�h andshore ® Enterprises, zwc T et-0c- Streambank&Shoreline protection/stabilization/reclamation Environmental Engineering,Erosion Control, Construction Management d/b/a Erosion Restoration Reinforcing the American Soils for over a decade The Heritage Bay CDD ESTIMATE #3062 Attn:Mr.Justin Faircloth Date: 3/24/2015 5911 Country Lakes Drive, Fort Myers,FL 33905 ITEMIZED ESTIMATE TIME AND MATERIALS LAKE#20 Adding rock on three wash out sections at DWL LAKE#10 Adding rock on top of concrete mat TOTAL ESTIMATED JOB COST ( $3,035.00 ,, a PAYMENT SCHEDULE Landshore Enterprises'payment policy is as follows: 25% Booking Date 35% Commencement Date 40% Completion Date **Invoice is due upon receipt** Landshore Enterprises,LLC - 5601 Powerllne Road,Suite 301,Fort Lauderdale,Florida 33309 Tel:(954)327-3300 • Fax:(954)533-1556 • Email:info@landshore.com Landshore Page 2of3 �v,QSHOF'F 7 y .� andsh ore ® E n ter rises LLC • er4�``G'v Streambank&Shoreline protection/stabilization/reclamation Environmental Engineering,Erosion Control, Construction Management d/b/a Erosion Restoration Reinforcing the American Soils for over a decade ° SPECIAL CONDITIONS The prices quoted in this proposal are based on visual observation only. The client is responsible for survey,engineering and permitting with all government agencies having jurisdiction over the subject site. Actual prices may vary due to pre-existing geotechnical, or hydrographic conditions which will require different equipment, labor and material. No changes to the approved contract will be made without written approval from the client. Unless the client provided comprehensive and conclusive engineering report or paid for the same services to Landshore• Enterprises, LLC, the stipulated above price does not include rock removal,addition of suitable material as necessary,heavy equipment,land surveying,bathymetric survey,geotechnical exploration,engineering or permitting. Landshore• Enterprises,LLC is not responsible for damage to utilities if as-built drawings or locations are not provided by the client. Landshore Enterprises,LLC reserves the right to change this estimate unless an agreement is reached within 90 days of the original estimate date. This is an estimate only. This is not a contract.This estimate is for completing the job described above,based on our evaluation.It does not include unforeseen price increases or additional labor and materials which may be required should problems arise. Client Representative Signature Date Landshore Enterprises Representative Signature Date Landshore Enterprises,LLC - 5601 Powerline Road,Suite 301,Fort Lauderdale,Florida 33309 Tel:(954)327-3300 • Fax:(954)533-1556 • Email:info @landshore.com Landshore Page 3 of3 HERITAGE BAY CDD BRIDGE EMBANKMENT COSTS I.Current Costs Legal $ 1,176.66 Engineering-Stantec $ 3,712.00 Engineering-Bridging Solutions 5/23/2014 $ 2,720.00 12/31/2014 $ 9,900.00 3/30/2015 $ 3,600.00 Engineering-Forge $ 1,500.00 Repairs $ 900.00 Total to date $ 23,508.66 II.Projected Costs Alternative 6 $ 190,000.00 Engineering $ 27,850.00 Total $ 217,850.00 Alternative 5A $ 425,000.00 Engineering $ 33 420.00 Tel $ 458,420.00 Alternative 56 $ 320,000.00 Engineering $ 33,420.00 Total $ 353,420.00 III.Loan Costs Annual Debt Service $250,000 4.25% $ 55,584.00 $350,000 4.25% $ 77,820.00 $500,000 4.25% $ 111,168.00 IV.Assessment Impact Increase Generates $ 25.00 $ 31,250.00 $ 50.00 $ 62,500.00 $ 100.00 $ 125,000.00 Heritage Bay Community Development District Embarkment Loan-estimated 4.25% El $276,240 $277,920 5 5 _ ✓ _ .� '�. �F�'F s� s. Fa°z di_.ate r .� r"`,�`4 r`-� Finance. Amount Finance• 2 0,00. 250,000 Monthly Payment $4,604 $4,632 Total Interest Paid $26,248 $27,943 Annual Debt Pay $55,248 $55,584 Closing Cost $1,500 $1,500 Total Cost of Financing $27,748 $29,443 4.00% 4.25% $386,747 $389,100 5 5 Amount Financed $ $350,000 $350,000 Monthly Payment $6,445 $6,485 Total Interest Paid $36,747 $39,121 Annual Debt Pay $77,340 $77,820 Closing Cost $1,600 $1,600 Total Cost of Financing $38,347 $40,721 4.00% 4.25% $552,480 $555,900 5 5 Amount Financed $ $500,000 $500,000 Monthly Payment $9,208 $9,264 Total Interest Paid $52,496 $55,887 nnual Debt Pay $110,496 $111,168 Closing Cost $1,700 $1,700 Total Cost of Financing $54,196 $57,587 • HERITAGE BAY Community Development District Annual Operating and Debt Service Budget Fiscal Year 2016 Version 1 -Proposed Budget (Updated 03/31/15 1:00pm) Prepared by: SEVERN I HEN-7 SERVICES HERITAGE BAY Community Development District Table of Contents Page# OPERATING BUDGET General Fund Summary of Revenues,Expenditures and Changes in Fund Balances 1 Exhibit A-Alloctation of Fund Balances 2 Budget Narrative 3-5 DEBT SERVICE BUDGET Series 2014 Summary of Revenues,Expenditures and Changes in Fund Balances 6 Amortization Schedule 7 Budget Narrative 8 SUPPORTING BUDGET SCHEDULES 2015-2016 Non-Ad Valorem Assessment Summary 9 Heritage Bay Community Development District Operating Budget Fiscal Year 2016 HERITAGE BAY Community Development District General Fund Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2016 Proposed Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL BUDGET THRU MARCH- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2014 FY 2015 FEB-2015 SEP-2015 FY 2015 FY 2016 REVENUES Interest-Investments $ 960 $ 500 $ 272 $ 381 $ 653 $ 500 Special Assmnts-Tax Collector 156,250 249,995 237,613 12,387 250,000 312,504 Special Assmnts-Discounts (5,640) (10,000) (9,147) - (9,147) (12,500) TOTAL REVENUES 161,570 240,495 228,738 12,768 241,506 300,504 EXPENDITURES Administrative P/R-Board of Supervisors 4,400 4,800 2,200 5,000 7,200 8,000 FICA Taxes 367 367 168 383 551 612 ProfServ-Arbitrage Rebate 800 600 600 - 600 600 ProfServ-Dissemination Agent 1,000 1,000 - 1.000 1.000 1,000 ProfServ-Engineering 16,485 15,000 6,712 9,397 16,109 20,000 ProfServ-Legal Services 6,134 7,000 7,020 7,000 14,020 7,000 ProfServ-Mgmt Consulting Sery 37,132 38,246 15,936 22,310 38,246 39,393 ProfServ-Property Appraiser 2,393 3,750 3,750 - 3,750 4,688 ProfServ-Special Assessment 5,000 5,000 5,000 - 5,000 5,150 ProfServ-Trustee Fees 5,926 8,815 - 6,815 6,815 6,815 ProfServ-Web Site Maintenance - - 281 393 674 1,000 Auditing Services 3,400 3,600 - 3,600 3,600 3,800 Postage and Freight 2,327 1,300 632 885 1,517 1,300 Insurance-General Liability 12,430 13,673 12,754 - 12,754 14,667 Printing and Binding 868 1,400 408 571 979 1,400 Legal Advertising 2,679 1,400 199 279 478 1,400 Misc-Bank Charges 648 750 331 463 794 750 Misc-Assessmnt Collection Cost 1,898 5,000 4,589 248 4,817 6,250 Office Supplies 371 550 171 239 410 550 Annual District Filing Fee 175 175 200 - 200 175 Total Administrative 104,231 110,426 60,931 58,583 119,514 124,550 Field ProfSery-Field Management - - 5,000 7,000 12,000 12,360 R&M-Contingency - - - - - 6,425 Wall Improvements - - 10,800 3,100 13,900 35,000 Total Field - - 15,800 10,100 25,900 53,785 Lakes 8 Ponds Contracts-Lake and Wetland 52,318 55,944 23,310 35,034 58,344 60,744 R&M-Aquascaping 17,561 24,125 10,000 10,000 10,000 R&M-Lake 15,543 - - - - - R&M-Lake Erosion 89,475 35,000 - 35,000 35,000 35,000 R&M-Contingency 3,283 15,000 3,500 6,500 10,000 10,000 Misc Improvements - - - - 6,425 Total Lakes 8 Ponds 178,180 130,069 26,810 86,534 113,344 122,169 I TOTAL EXPENDITURES 282,411 240,495 103,541 155,217 258,758 300,504 Net change in fund balance (130,841) - 125,197 (142,449) (17,252) - FUND BALANCE,BEGINNING 281,645 150,804 150,804 - 150,804 133,552 FUND BALANCE,ENDING $ 150,804 $ 150,804 $ 276,001 $ (142,449) $ 133,552 $ 133,552 Annual Operating and Debt Service Budget Page 1 Fiscal Year 2016 HERITAGE BAY Community Development District General Fund Exhibit"A" Allocation of Fund Balances AVAILABLE FUNDS Amount Beginning Fund Balance-Fiscal Year 2016 $ 133,552 Net Change in Fund Balance-Fiscal Year 2016 - Reserves-Fiscal Year 2016 Additions - 'Total Funds Available(Estimated)-9/30/2016 133,552 I ALLOCATION OF AVAILABLE FUNDS Assigned Fund Balance Operating Reserve-First Quarter Operating Capital 75,126 (1) Reserves-Erosion Control 58,000 (2) Subtotal 133,126 Total Allocation of Available Funds 133,126 I Total Unassigned(undesignated)Cash $ 4Y7 Notes (1)Represents approximately 3 months of operating expenditures (2)Represents reserves for erosion control from FY 2009 Annual Operating and Debt Service Budget Fiscal Year 2018 Page 2 • HERITAGE BAY Community Development District General Fund Budget Narrative Fiscal Year 2016 REVENUES Interest-Investments The District earns Interest on the monthly average collected balance for their operating and money market accounts. Special Assessments-Tax Collector The District will levy a Non-Ad Valorem assessment on all sold and platted parcels(using the uniform method)within the District in order to pay for the operating expenditures during the Fiscal Year. Special Assessments-Discounts Per Section 197.162 and Section 197.3632 of the Florida Statutes, discounts are allowed for early payments of assessments collected by the Tax Collector and only when the Tax Collector is using the uniform methodology. The budgeted amount for the fiscal year is calculated at 4%of the anticipated Non-Ad Valorem assessments. EXPENDITURES Administrative P/R-Board of Supervisors Chapter 190 of the Florida Statutes allows for members of the Board of Supervisors to be compensated$200 per meeting at which they are in attendance. The amount for the Fiscal Year is based upon all supervisors attending all of the meetings. Professional Services—Arbitrage Rebate The District contracted with an independent professional firm to annually calculate the District's Arbitrage Rebate Liability on its bonds. Professional Services—Dissemination Agent The District is required by the Securities and Exchange Commission to comply with Rule 15c2-12(b)-(5),which relates to additional reporting requirements for unrelated bond issues. The District has contracted with Prager&Co. LLC to provide these reports. Professional Services-Engineering The Districts engineer provides general engineering services to the District, i.e. attendance and preparation for board meetings when requested,review of invoices,and other specifically requested assignments. Professional Services-Legal Services The District's attorney provides general legal services to the District, i.e., attendance and preparation for Board meetings, review of contracts, review of agreements and resolutions, and other research as directed or requested by the Board of Supervisors and the District Manager. Professional Services-Management Consulting Services The District receives Management, Accounting and Administrative services as part of a Management Agreement with Severn Trent Environmental Services, Inc. Severn Trent manages all of the District's financial activities such as accounts payable,financial statements,auditing and budgeting in accordance with the management contract in effect. An increase of 3%is projected for the next fiscal year to cover operating expenses. Annual Operating and Debt Service Budget Fiscal Year 2016 Page 3 HERITAGE BAY Community Development District General Fund Budget Narrative Fiscal Year 2016 EXPENDITURES Administrative(continued) Professional Services-Property Appraiser The Property Appraiser provides the District with a listing of the legal description of each property parcel within the District boundaries,and the names and addresses of the owners of such property.The District reimburses the Property Appraiser for necessary administrative costs incurred to provide this service.The property appraiser cost is based upon 1.5%of the anticipated Non-Ad Valorem assessment collections. Professional Services-Special Assessment This is the Administrative fees to prepare the District's special assessment roll. Professional Services-Trustee The District pays US Bank an annual fee for trustee services on the Series 2005 Special Assessment Bond. The budgeted amount for the fiscal year is based on standard fees charged plus any out-of-pocket expenses and a projected 15%increase. Professional Services-Web Site Maintenance The cost of web hosting and regular maintenance of the District's website by Severn Trent Services. Auditing Services The District is required to conduct an annual audit of its financial records by an Independent Certified Public Accounting Firm. The budgeted amount for the fiscal year is based on contracted fees from an existing engagement letter. Postage and Freight Actual postage and/or freight used for District mailings including agenda packages, vendor checks and other correspondence. Insurance-General Liability The District's General Liability&Public Officials Liability Insurance policy is with Public Risk Insurance Agency, Inc. They specialize in providing insurance coverage to governmental agencies. The budgeted amount allows for a projected 15% increase in the premium. Printing and Binding Copies used in the preparation of agenda packages, required mailings,and other special projects. Legal Advertising The District is required to advertise various notices for Board meetings and other public hearings in a newspaper of general circulation. Miscellaneous-Bank Charges This includes monthly bank charges for the maintenance of the operating accounts. Miscellaneous-Assessment Collection Costs The District reimburses the Collier County Tax Collector for her or his necessary administrative costs. Per the Florida Statutes,administrative costs shall include,but not be limited to,those costs associated with personnel,forms,supplies, data processing, computer equipment, postage, and programming. The District also compensates the Tax Collector for the actual cost of collection or 2%on the amount of special assessments collected and remitted, whichever is greater. The assessment collection cost is based on a maximum of 2%of the anticipated assessment collections. Annual Operating and Debt Service Budget Fiscal Year 2018 Page 4 HERITAGE BAY Community Development District General Fund Budget Narrative Fiscal Year 2016 EXPENDITURES Administrative(continued) Office Supplies Supplies used in the preparation and binding of agenda packages,required mailings,and other special projects. Annual District Filing Fee The District is required to pay an annual fee of$175 to the Department of Economic Opportunity Division of Community Development. Field Professional Services-Field Management Services Field Management Services for the District is performed by Severn Trent Services. This includes the regular inspection of all District assets and contractor performance monitoring. Items include but are not limited to: irrigation systems, ponds, wetlands, preserves, roads, street signs, sidewalks and drainage systems. A monthly report is provided for the Board's review to allow for their consideration of issues and action to consider. Wall Improvements This is for any repair and maintenance expenses pertaining to the districts walls and fences. R&M-Contingency All other expenses that do not fall Into the categories described above will be expensed to contingency. Lakes&Ponds Contracts-Lake&Wetland A contract was negotiated with Lake &Wetland Management for monthly lake maintenance of the District's 31 lakes and littoral shelf maintenance which includes approximately 14 52 acres. Services began February 2014. R&M-Aquascaping This is for any repair and maintenance expenses pertaining to the District's lakes that are not covered in the contract. R&M- Lake Erosion This is for any repair and maintenance expenses pertaining to erosion control that are not covered in the contract. R&M-Contingency All other expenses that do not fall into the categories described above will be expensed to contingency. Improvements-Miscellaneous This is for lake improvements specifically. Annual Operating and Debt Service Budget Fiscal Year 2016 Page 5 Heritage Bay Community Development District Debt Service Budget Fiscal Year 2016 HERITAGE BAY Community Development District Series 2014 Debt Service Fund Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2016 Proposed Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL BUDGET THRU MARCH- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2014 FY 2015 FEB-2015 SEP-2015 FY 2015 FY 2016 REVENUES Interest-Investments $ 2 $ - $ 20 $ 26 $ 48 $ - Special Assmnts-Tax Collector - 1,308,564 1,243,727 64,837 1,308564 1,308,564 Special Assmnts-Discounts - (52,343) (47,877) - (47,877) (52,343) TOTAL REVENUES 2 1,256,221 1,195,870 64,865 1,260,735 1,256,221 EXPENDITURES Administrative ProfServ-Property Appraiser 1,181 19528 19,628 - 19,628 19,628 Misc-Assessmnt Collection Cost (10,632) 26,171 23,917 1,297 25,214 26,171 Total Administrative (9,451) 45,799 43,545 1,297 44,842 45,800 Debt Service Principal Debt Retirement - 270,000 - 270,000 270,000 545.000 Interest Expense - 476,311 - 476,311 478.311 854,360 Bond Issue Expense 251,406 - - - - - Total Debt Service 251,406 746,311 - 746,311 746,311 1,199,360 TOTAL EXPENDITURES 241,955 792,110 43,545 747,608 791,153 1,245,160 Excess(deficiency)of revenues Over(under)expenditures (241,953) 464,111 1,152,325 (682,743) 469,582 11,062 OTHER FINANCING SOURCES(USES) Interfund Transfer-In 1,215,975 - - - - - Proceeds of Refunding Bonds 17,490,000 - - - - - Payment to Refunded Bond (17,840,043) - - - - - Contribution to(Use of)Fund Balance - 464,111 - - - 11,062 TOTAL OTHER SOURCES(USES) 865,932 464,111 - - - 11,062 Net change in fund balance 623,979 464,111 1,152,325 (682,743) 469,582 11,062 FUND BALANCE,BEGINNING - 623,979 623,979 - 623,979 1,093,561 FUND BALANCE,ENDING $ 623,979 $ 1,088,090 $ 11776,304 $ (682,743) $ 1,093,561 $ 1,104,623 Annual Operating and Debt Service Budget Fiscal Year 2016 Page 6 HERITAGE BAY Community Development District Heritage Bay Community Development District Amortization Schedule 2014 Refunding of Series 2005 Special Assessment Refunding Bonds Principal 1 Year Principal I special calls Interest Balance FY Total DS I 11/1/2015 _ !$ $ 327,180.00 $ 17,220,000.00 5/1/2016 1 $ 545,000.00 $ - $ 327,180.00 $ 16,675,000.00 $ 1,199,360.00 11/1/2016 ; $ - $ 316,825.00 $ 16,675,000.00 5/1/2017 I $ 565,000.00 $ - $ 316,825.00 $ 16,110,000.00 $ 1,198,650.00 11/1/2017 I. $ - $ 306,090.00 $ 16,110,000.00 5/1/2018 111 $ 585,000.00 $ - $ 306,090.00 $ 15,525,000.00 $ 1,197,180.00 11/1/2018. $ - 1 $ 294,975.00 $ 15,525,000.00 5/1/2019 I $ 610,000.00 $ - j $ 294,975.00 $ 14,915,000.00 $ 1,199,950.00 11/1/2019 $ $ 283,385.00 $ 14,915,000.00 ---$-------- 5/1/2020 $ 635,000.00 $ _- $ 283,385.00 $ 14,280,000.00 1,201,770.00 11/1/2020 $ - $ 271,320.00 $ 14,280,000.00 5/1/2021 $ 660,000.00 $ - 1 $ 271,320.00 $ 13,620,000.00 $ 1,202,640.00 11/1/2021 $ - $ 258,780.00 $ 13,620,000.00 5/1/2022 $ 680,000.00 $ - $ 258,780.00 $ 12,940,000.00 $ 1,197,560.00 11/1/2022 $ - $ 245,860.00 $ 12,940,000.00 5/1/2023 ' $ _-710,000.00 $ - 1 $ 245,860.00 $ 12,230,000.00 $ 1,201,720.00 11/1/2023 I $ - $ 232,370.00 $ 12,230,000.00 5/1/2024 $ 740,000.00 $ - $ 232,370.00 $ 11,490,000.00 $ 1,204,740.00 11/1/2024 _ $ - $ 218,310.00 $ 11,490,000.00 5/1/2025 $ 770,000.00 $ - $ 218,310.00 $ 10,720,000.00 $ 1,206,620.00 11/1/2025 $ - $ 203,680.00 $ 10,720,000.00 ^ 5/1/2026 $ 80.0,000.00 $ $ 203,680.00 $ 9,920,000.00 $ 1,207,360.00 11/1/2026 $ - . $ 188,480.00 $ 9,920,000.00 5/1/2027 $ 830,000.00 $ - I $ 188,480.00 $ 9,090,000.00 5 1,206,960.00 11/1/2027 $ $ 172,710.00 $ 9,090,000.00 5/1/2028 $ 865,000.00 $ - $ 172,710.00 $ 8,225,000.00 $ 1,210,420.00 11/1/2028 $ j $ 156,275.00 $ 8,225,000.00 5/1/2029 $ 8,225,000.00 $ - $ 156,275.00 $ - $ 8,537,550.00 11/1/2029 i$ --- $ $ Totals $ 17,220,000.00 1$ - $ 6,952,480.00 $ 24,172,480.00 Annual Operating and Debt Service Budget Fiscal Year 2016 Page 7 HERITAGE BAY Community Development District Debt Service Fund Budget Narrative Fiscal Year 2016 REVENUES Interest-Investments The District earns interest on the monthly average collected balance for their trust accounts. Special Assessments-Tax Collector The District will levy a Non-Ad Valorem assessment on all sold and platted parcels(using the uniform method)within the District in order to pay for the operating expenditures during the Fiscal Year. Special Assessments-Discounts Per Section 197.162 and Section 197.3632 of the Florida Statutes, discounts are allowed for early payments of assessments collected by the Tax Collector and only when the Tax Collector is using the uniform methodology. The budgeted amount for the fiscal year is calculated at 4%of the anticipated Non-Ad Valorem assessments. EXPENDITURES Administrative Professional Services-Property Appraiser The Property Appraiser provides the District with a listing of the legal description of each properly parcel within the District boundaries,and the names and addresses of the owners of such property.The District reimburses the Property Appraiser for necessary administrative costs incurred to provide this service.The property appraiser cost is based upon 1.5%of the anticipated Non-Ad Valorem assessment collections. Miscellaneous-Assessment Collection Costs The District reimburses the Collier County Tax Collector for her or his necessary administrative costs. Per the Florida Statutes, administrative costs shall include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The District also compensates the Tax Collector for the actual cost of collection or 2%on the amount of special assessments collected and remitted, whichever is greater. The assessment collection cost is based on a maximum of 2%of the anticipated assessment collections. Debt Service Principal Debt Retirement The District pays regular principal payments annually in order to pay down/retire the debt. Interest Expense The District pays interest expense on the debt twice during the year. Annual Operating and Debt Service Budget Fiscal Year 2016 Page 8 Heritage Bay Community Development District Supporting Budget Schedules Fiscal Year 2016 HERITAGE BAY Community Development District All Funds Corpparisoi 3f-• •ssment Rates FII6 I Year 2016 vs.FIs : Year 2015 f° i` General Fund 001 Debt Service tiTotal Assessments per Unit Units FY 2016 FY 2015 Percent FY 2016 FY 2015 Percent F'2016 FY 2015 Percent Product Chang Change ;;j Change Executive $250.00 $200.00 25% $1,494.25 $1,494.25 0% $ ,744.25 $1,694.25 3% 139 Classics ‘; $250.00 $200.00 125% $2,362.85 $2,362.85 0% ,612.85 $2,562.85 2% 95 Classics II 3 $250.00 $200.00 `25% $2,552.25 $2,552.25 0% '2,802.25 $2,752.25 2% 18 Coach $250.00 $200.00 -25% $1,054.76 $1,054.76 0% 1,304.76 $1,254.76 4% 184 2 Story $250.00 $200.00 25% $878.97 $878.97 0% $1,128.97 $1,078.97 5% 364 4 Story $250.00 $200.00 25% $703.18 $703.18 0% $953.18 $903.18 8% 450 1250 Annual Operating and Debt Service Budget Fiscal Year 2016 Page 9 Agenda Page:45 Heritage Bay Community Development District Financial Report February 28,2015 Prepared by SEVERN TRENT SERVICES Agenda Page:46 Heritage Bay Community Development District Table of Contents FINANCIAL STATEMENTS Balance Sheet-All Funds Page 1 Statement of Revenues,Expenditures and Changes in Fund Balance General Fund Page 2 Debt Service Fund Page 3 SUPPORTING SCHEDULES Trend Report Page 4 Non-Ad Valorem Special Assessments Page 5 Cash and Investment Report Page 6 Bank Reconciliation Page 7 Check Register and Invoices Pages 8-14 Agenda Page:47 Heritage Bay Community Development District Financial Statements (Unaudited) February 28, 2015 HERITAGE BAY Agenda Page:48 Community Development District Governmental Funds Balance Sheet February 28, 2015 SERIES 2014 DEBT GENERAL SERVICE ACCOUNT DESCRIPTION FUND FUND TOTAL ASSETS Cash-Checking Account $ 177,114 $ - $ 177,114 Due From Other Funds - 13,962 13,962 Investments: Certificates of Deposit- 18 Months 22 - 22 Certificates of Deposit-24 Months 51,193 - 51,193 Money Market Account 76,556 - 76,556 Cost of Issuance Fund - 1,648 1,648 Deferred Cost - 7,677 7,677 Reserve Fund - 605,210 605,210 Revenue Fund - 1,147,807 1,147,807 TOTAL ASSETS $ 304,885 $ 1,776,304 $ 2,081,189 LIABILITIES Accounts Payable $ 10,260 $ - $ 10,260 Accrued Expenses 4,662 - 4,662 Due To Other Funds 13,962 - 13,962 TOTAL LIABILITIES 28,884 - 28,884 FUND BALANCES Restricted for: Debt Service - 1,776,304 1,776,304 Assigned to: Operating Reserves 37,249 - 37,249 Reserves-Erosion Control 58,000 - 58,000 Unassigned: 180,752 - 180,752 TOTAL FUND BALANCES $ 276,001 $ 1,776,304 $ 2,052,305 TOTAL LIABILITIES&FUND BALANCES $ 304,885 $ 1,776,304 $ 2,081,189 Report Date:3/23/2015 Page 1 HERITAGE BAY Agenda Page:4 Community Development District Generalund Statement of Revenues,Expenditures and Changes in Fund Balances For the Period Ending February 28,2015 ANNUAL ADOPTED YTD YTD VARIANCE($) FEB-1S ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ACTUAL REVENUES Interest-Investments $ 500 $ 206 $ 272 $ 66 $ 63 Special Assmnts-Tax Collector 249,995 240,000 237,613 (2,387) 2,999 Special Assmnts-Discounts (10,000) (9,700) (9,147) 553 (46) TOTAL REVENUES 240,495 230,506 228,738 (1,768) 3,016 EXPENDITURES Administration P/R-Board of Supervisors 4,800 1,600 2,200 (600) - FICA Taxes 367 122 168 (46) - ProfServ-Arbitrage Rebate 600 600 600 - - ProfServ-Dissemination Agent 1,000 1,000 - 1,000 - ProfServ-Engineering 15,000 6,250 6,712 (462) - ProfServ-Legal Services 7,000 2,916 7,020 (4,104) 5,953 ProfServ-Mgmt Consulting Sery 38,246 15,936 15,936 - 3,187 ProfServ-Property Appraiser 3,750 3,750 3,750 - - ProfServ-Special Assessment 5,000 5,000 5,000 - - ProfServ-Trustee Fees 6,815 - - - - ProfServ-Web Site Maintenance - - 281 (281) 13 Auditing Services 3,600 3,600 - 3,600 - Postage and Freight 1,300 541 632 (91) 108 Insurance-General Liability 13,673 13,673 12,754 919 - Printing and Binding 1,400 584 408 176 - Legal Advertising 1,400 584 199 385 - Misc-Bank Charges 750 310 331 (21) 57 Misc-Assessmnt Collection Cost 5,000 4,800 4,569 231 59 Office Supplies 550 229 171 58 - Annual District Filing Fee 175 175 200 (25) - Total Administration 110,426 61,670 60,931 739 9,377 Field ProfServ-Field Management - - 5,000 (5,000) 1,000 Contracts-Lake and Wetland 55,944 23,310 23,310 - 4,662 R&M-Aquascaping 24,125 10,051 - 10,051 - R&M-Lake Erosion 35,000 14,584 - 14,584 - R&M-Contingency 15,000 6,250 3,500 2,750 - Wall Improvements - - 10,800 (10,800) 900 Total Field 130,069 54,195 42,610 11,585 6,562 TOTAL EXPENDITURES 240,495 115,865 103,541 12,324 15,939 Net change in fund balance $ - $ 114,641 $ 125,197 $ 10,556 $ (12,923) FUND BALANCE,BEGINNING(OCT 1,2014) 150,804 150,804 150,804 FUND BALANCE,ENDING $ 150,804 $ 265,445 $ 276,001 Report Date: 3/23/2015 Page 2 HERITAGE BAY Agenda Page:50 Community Development District Series 2014 Debt Service Fund Statement of Revenues,Expenditures and Changes in Fund Balances For the Period Ending February 28,2015 ANNUAL ADOPTED YID YTD VARIANCE($) FEB-15 ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ACTUAL REVENUES Interest-Investments $ - $ - $ 20 $ 20 $ 8 Special Assmnts-Tax Collector 1,308,564 872,376 1,243,727 371,351 15,695 Special Assmnts-Discounts (52,343) (34,896) (47,877) (12,981) (243) (TOTAL REVENUES 1,256,221 837,480 1,195,870 358,390 15,460 EXPENDITURES Administration ProfSery-Property Appraiser 19,628 19,628 19,628 - - Misc-Assessmnt Collection Cost 26,171 17,448 23,917 (6,469) 309 Total Administration 45,799 37,076 43,545 (6,469) 309 Debt Service Principal Debt Retirement 270,000 - - - - Interest Expense 476,311 - - - - Total Debt Service 746,311 - - - - • TOTAL EXPENDITURES 792,110 37,076 43,545 (6,469) 309 Excess(deficiency)of revenues Over(under)expenditures 464,111 800,404 1,152,325 351,921 15,151 OTHER FINANCING SOURCES(USES) Contribution to(Use of)Fund Balance 464,111 - - - - TOTAL FINANCING SOURCES(USES) 464,111 - - - - Net change in fund balance $ 464,111 $ 800,404 $ 1,152,325 $ 351,921 $ 15,151 FUND BALANCE,BEGINNING(OCT 1,2014) 623,979 623,979 623,979 FUND BALANCE,ENDING $ 1,088,090 $ 1,424,383 $ 1,776,304 Report Date:3/23/2015 Page 3 Agenda Page:51 Heritage Bay Community Development District Supporting Schedules February 28, 2015 o 10 15 I de re g N 12 V u7 iii m Of hi 1.4 I NON ^Lri^ �� � � � � . _ a. t m d N y9 r 8 f § V O <s oq Cp p A to ,n •— ^N N § 17_, te Q X�4 CI �O1 A. r F f mN -4.1 R, •4•'3.1.�`l Q, 0 d <, yy�� C RI.R. VN �dy�p N YI N Q o LL °F N g3 m DM 7 N to r_ N N O 'O -. ri ao M N pi S ^ m ' , = a. z L� w ' :: :::�A O N ' : ::: : : ::: : : finr•t�I O '^ ' .- -.4 V N 3 e N(V C m CO w • ,f S m A • ' • O ' _ D V O g N a_ g O O R I v.,f •hi .- C m w w 3 CV C iA Dp WO a Yf l�f O r O lV N - J H O m w 0 N r Y < v ' ' . Qg . . .i ' • $ ' E'' 25 ESom !g' $ �i aS W N d V N r N Z �. 'm w as I m $ _ v C W "' w 0 3 'V < § ' 4 § � ' AAA , ^ §$ m.> "8 siY § § ss §. El 0 v <c.f W Cc) w C u- LI- N N r OI r< co in N al Li- as O w w a w w cn Z v- o a w w L U) N n w w 0 C C C) In _e- O Q r V 4 > o M W O ffi 1111 ' t, s � e 0 . ._g, Jy�� 8 2 is 1IJIIh ri. s t CK is � a a a a a a o_a_ ll .� Spa` 1! 20 cc d a I 1O z z Agenda Page:53 Heritage Bay Community Development District Non-Ad Valorem Special Assessments-Collier County Tax Collector (Monthly Collection Distributions) For the Fiscal Year Ending September 30,2015 ALLOCATION Discount/ Gross Debt Service Date Net Amount (Penalties) Collection Amount General Fund Fund Received Received Amount Costs Received Assessments Assessments Assessments Levied $ 1,558,564 $ 250,000 $ 1,308,564 Allocation% 100% 16% 84% 10/29/14 $ 12,833 $ 726 $ 282 $ 13,820 $ 2,217 $ 11,603 11/14/14 150,646 6,405 3,074 160,125 25,685 134,441 11/25/14 572,406 24,337 11,682 608,425 97,594 510,831 12/12/14 501,120 21,009 10,227 532,356 85,392 446,964 12/31/14 62,734 1,999 1,280 66,013 10,589 55,424 01/29/15 78,054 2,259 1,593 81,906 13,138 68,768 02/27/15 18,036 290 368 18,694 2,999 15,695 TOTAL $ 1,299,738 $ 54,476 $ 26,525 $ 1,481,340 $ 237,613 $ 1,243,727 %COLLECTED 95.05% 95.05% 95.05% TOTAL OUTSTANDING $ 77,224 $ 12,387 $ 64,837 Report Date:3/23/2015 Prepared by: Page 5 Severn Trent Management Services Heritage Bay Agenda Page:54 Community Development District Cash and Investment Balances February 28,2015 ACCOUNT NAME BANK NAME MATURITY YIELD BALANCE GENERAL FUND Operating Checking Account-MuniNow SunTrust N/A 0.10% $ 175,864 Checking Account BankUnited N/A 0.00% 1,250 Subtotal 177,114 Money Market Account Stonegate Bank N/A 0.25% 76,556 Subtotal 76,556 Certificate of Deposit-18 Months BankUnited 02/13/15 0.50% 22 (1) Certificate of Deposit-24 Months BankUnited 02/13/16 0.52% 51,193 Subtotal 51,215 Subtotal General Fund 304,885 DEBT SERVICE FUND Series 2014 Cost of Issuance US Bank N/A 0.05% 1,648 Series 2014 Deferred Cost Fund US Bank N/A 0.05% 7,677 Series 2014 Reserve Fund US Bank N/A 0.05% 605,210 Series 2014 Revenue Fund US Bank N/A 0.05% 1,147,807 Subtotal Debt Service 1,762,342 (2) Total $ 2,067,227 Note 1 Residual Interest payable on Cashed CD. Check deposited 3/4/15. Note 2-Invested in First American Obligation Fund Report Date:3/23/2015 Prepared By: Page 6 Severn Trent Management Services Agenda Page:55 Heritage Bay CDD Bank Reconciliation Bank Account No. MN Statement No. 02-15 Statement Date 02/28/15 Gil.Balance(S) 175,863.96 Statement Balance 176,763.96 G/L Balance 175,863.96 Outstanding Deposits 0.00 Positive Adjustments 0.00 Subtotal 176,763.96 Subtotal 175,863.96 Outstanding Checks 900.00 Negative Adjustments 0.00 Total Differences 0.00 Ending GA_Balance 175,863.96 Ending Balance 175,863.96 Difference 0.00 Posting Cleared Date Document Type Document No. Description Amount Amount Difference Deposits 02/03/15 IRS TX PYMT IRS DEBIT USATAXPYMT -122.40 -122.40 0.00 02/18/15 DEP00154 Collier Cty Tax Coll:Int Dist qtr end 12/31/14 37.93 37.93 0.00 02/20/15 ACH DEBIT SunTrust Account Analysis Fee -56.86 -56.86 0.00 02/27/15 ACH CREDIT SunTrust-Bank Interest Income 10.76 10.76 0.00 02/27/15 WIRE DEPOSIT COLLIER CTY TAX COLL:ASSMNTS RCVD thw 2/26/1 18,036.46 18,036.46 0.00 Total Deposits 17,905.89 17,905.89 0.00 Outstanding Checks 02/20i15 Payment 799 ARTISTIC STRUCTURES,INC 900.00 0.00 900.00 Tota.Outstandng Checks 900.00 Page 7 \ « % m m ) k °v. { § 7 0 } co LAI 0 K 4 Q § CO k ,co co ° [ & 44 4.9 \ 7 CO ® a f 11 ` ( ) % ƒ ƒ « ƒ c ) \ ) \ / � t Co 2 2 t ?AI' k in 0 2 0 ° ° 0 ~ 0 e § $ A' z E , } = C. 7 E } U. } 5 ® / E o \ . e 2 } 7 k 2 2 2 In § § CO 2 CV LL IL 8 ° z z UqZ ! $ �_ � , 2 2 E 2 - & A ■ $ * E k t ƒ ) ) U co e cc) ) r e a \ \ � ) Co k a. k k I E\° f ) E§ H } Z u. \ Co k \ 0 / 8 to z 0 § n L z k u.2 z ^ re ■ < § ƒ e » co 6 § � k k C. 6 z ) w # a. C. - 8 # 4 ■ z E o CI u/ / L k 0 n = ■ m o ■ g F_ ■ to a 2 § # I k 2 f ) $ CO e » I. ` q P• � 6 a gU0 ( \ * ° ® ( ) 2 / ca - E ■ x x « - � ~ k ■ o � o r t E . a o o o - � Z 0 L � § 0 0 0 § 0 0 0 Ce Heritage Bay CDD Severn Trent Services Field Management Report Site Inspection - 3/24/2015 1. Lake Management:The lakes continue to be healthy as water levels have continued to decrease. Littorals are really beginning to perk up on some of the lake banks,particularly lakes 4 and 15(pictured below). 1- ,s f .. a. Algae: i. Low density on Lakes:6. ii. Medium density on Lakes: No issues observed this month. b. Littorals:The second phase of the littoral planting is underway. Lake and Wetland Management is using the lake bank of lake 3 for their staging ground and storage of the littorals to be planted. Installation of littorals being installed on the golf course side of the lakes was observed,but this was corrected through a discussion with their on-site Manager. t '; 4 . 1 c. Rocks: a. The rocks on the south bank of lake 30A need to be sprayed to remove weed build up in this area. P4 ;4 �� - C y t •"�` " •.'r"fig .'R 2 ,i^ ,.�,'"tai'h r" , a. d. Weeds: i. Alligator Weed in Lakes: No issues observed. ii. Brazilian Pepper:The pepper tree stump on the southern portion of lake 30B needs to be sprayed as new shoots are already visible. The pepper tree that was mentioned in the report last month on this same lake growing up a cypress tree on the north eastern corner near the tee box is still present and needs to be removed. Tree Removed 30B New Tree 30B . i 't °„ r +, w Yr' i 1 iii. Cattails in Lakes: No issues observed. iv. Climbing Hemp Vine in Lakes: No issues observed. v. Lily Pads in Lakes: No issues observed. vi. Hydrilla in Lakes: No issues observed. 2 vii. Illinois Pond Weed in Lakes:With the decrease in the water levels of the lakes the pond weed is becoming more noticeable, especially in the cove of lake 30A by the roundabout. Heavy treatment with the lower water level may assist in decreasing the amount of pond weed in the lakes. • 4 d e•, viii. Red Ludwigia: It appears that the issue reported last month on lake 4(homes side, by the bridge) is improving. ix. Torpedo Grass in Lakes:18, 19,20(very heavy on west bank),26 &28. L ,�•.......• psi C i < a. e. Fish: No issues observed. f. Trash in Lakes: No issues observed. g. Bulkheads: No issues observed. 3 h. Clippings: Noticed in lake 6.Care should be used to avoid adding additional organic material into the system to help reduce the chances of an algae bloom occurring. 2. Dissolved Oxygen(DO)Tests: Next test will be in July 2015 once the testing equipment has been repaired. 3. Lake Bank Erosion: a. An old wash out is beginning to form at the northern end of lake 1. Rip rap and filter fabric should be installed to prevent this issue from growing.The approximate repair cost for this issue is estimated at $500.00. : = �:,�;� "� mot� � i �^ '''4' a a b. A washout between the first two buildings along lake 5 was discovered.A bubbler and pipe installation is likely necessary here, however,there are no downspouts on the buildings in this area.The approximate repair cost for this issue is estimated at$750.00. 4 i VI sit d. _ y 4 c. The erosion on the homeowner's side of lake 26 has quickly gotten worse and pushing off a repair until next Summer is not likely.We are currently requesting proposals to repair this area with a variety of options.The approximate repair cost for this issue is estimated at$3,000.00+ depending on the solution chosen. hF i ads'' 4. Storm Drainage System: a. Control Structures: i. W2L30:One last cattail needs to be sprayed out in this structure. 4'4. arm ffi ,tittef .•$ b. Drains: No issues observed. c. Roadway Catch Basins: No issues observed. d. Catch Basins: No issues observed. 5 e. Inter-Connect Pipes:The inter-connect on the north east bank of lake 20 was observed with large rocks in the mouth of the pipe.These rocks should be cleared out during the Summer 2015 work to prevent the future possibility of a blockage being created. REF.MZMN-0 3"6 /rw I • i RI • I - .r. ! i• 41 .1tr S' Fm e re, 4- .11' ' . f. Illicit Discharges: No issues observed. g. Lake Drainage Pipes: i. Floating pipes were noticed on the golf course sides of lake 2 and 26.One floating pipe on the homeowner's side was noticed on lake 4. x II. On the north west bank of lake 20 a drainage pipe appeared to buried and stuck in the sand.This pipe should be checked further to ensure that it is indeed draining properly. Y a`s 4 AtigriV 6 5. Fish/Wildlife Observations: ❑ Bass ❑ Bream ❑Catfish ❑Gambusia ® Egrets ® Herons ❑Coots ❑Gallinules ®Anhinga ❑Cormorant ❑Osprey ® Ibis ❑Woodstork ❑Otter ®Alligators ❑Snakes ®Turtles ❑Other Species: Ducks,Tilapia 6. Residential Complaints/Concerns: None reported at the time of Inspection. 7. Non-CDD Issues Observed: a. There is a broken sprinkler behind 10119 Biscayne Lane.The broken riser between lake 26&27 mentioned in last month's report is still present. 7 8. Follow up items: Heritage Bay CDD Follow Up Tasks Summary Follow Up Task Reported On Assigned Action Completed Erosion on lakes 1,4,5,6,12,19,22,23,27,308 11/25/2014 Floating Pipes lakes 2,5,7,8,9,10,13,14,17,19,24,26 9/25/2014 Old sign on Lake 305 2/23/2015 Clean out Inter-connect on lake 20/check drainage pipe 3/24/2015 Field Manager Tasks Write letter to The Quarry requesting removal of Brizillian Pepper Trees • 10/17/2014 In Progress Golf Course trimmings in the lakes 10/17/2014 Dlxusswlth Superintendent water recedes Lake Bank Review In Propsw Littoral Planting Reviews Ongoing Erosion Restoration Site Visit Completed CDD Contractor Tasks Reattach concrete screws to C.S.L30000O2 1/6/2015 In PrWass Mark submerged rock in Lake 30A 2/23/2015 In Prapas .......... Removal of Brizillian Pepper Tree in Lake 30B N.E. 2/23/2015 i Lake&Wetlands Spraying Brizillian Pepper Tree stump in Lake 30B South 3/24/2015 Lake&Wetlands Spray out weeds in rocks souther bank ofla ke 30A 3/24/2015 ! Lake&Wetlands Spray out torpedo grass on lake 26 west bank 3/24/2015 Lake&Wetlands Repa irbank/clean Out drainage pipe on lake 20 3/24/2015 Landshore • NOA Contractor Tasks • • 1 Homeowner Complaints I Concerns 8 Heritage Bay Community Development District -Board of Supervisors Assignments- The following assignments and related tasks shall be effective April 1, 2015 and run through October 31, 2016. Chairman: -oversee all recommended lake bank maintenance activities-responsible for providing recommendations for aquatic plantings and lake bank maintenance -responsible for working with Lake and Wetland Management to ensure that all work is completed as negotiated -oversee all special projects; example main bridge retaining wall -chief liaison to Severn Trent and outside vendors -monthly walk-around with Field Service Engineer Vice Chairman: Grant -provide backup support for the Chairman in his absence. -oversee our website and make recommendations for improvement Assistant Treasurer: May -responsible for periodic reviews of all financials and financial reporting -to oversee the annual budgeting process -responsible for identifying financing opportunities in conjunction with our District Manager if financing needs arise -to work with Severn Trent to ensure that all reporting is in agreement with BOS approvals and vendor contracts -to monitor bond payments 1 Secrtaryl: Gagne -responsible for overseeing water quality with outside vendor(s) and the Master HOA -d velopment of a comprehensive water testing program which will track testing on a historical basis to deter rnine ongoing issues with water quality. To work with the HOA in development of the process and actual testis g -responsible for working with the BOS to make recommendations to the Master HOA regarding lake issues to inc I udelake water issues,the need for aeration devises,the elimination of invasive plants, etc. Work with the COD Field Service Engineer and utilize his monthly reports. See attached list of lake concerns*** Secretary2; Brodeur -responsible for the lake interconnect and control structure system and ensuring that the entire system is functioning as designed -to identify, by working with the District Engineer and Field Service Engineer, any structures which require maintenance and to recommend corrective action -ensuretimely annual reporting to the Master HOA as to the integrity of the overall system and any work we performed ***Lake concerns -work with the HOA to sponsor a Lakes Committee to oversee all issues not related to CDD responsibilities -Cord grass and other plants allowed to float in the lakes after being cut creating a algae situation? -"turd? 'from greens aeration being utilized to stabilize lake banks, allowing chemicals to get into the lakes? -large grass blowers blowing grass clippings, etc into the lakes. Also some evidence of this from local landscaping companies -outside contractors and lack of monitoring as to what chemicals and processes they are using; ex. Power washing, painting, etc. 2