10/01/2015 AgendaHeritage Bay Community Development D
Board of Supervisors
Edwin Hubbard, Chairman
Ronald A. Grant, Vice Chairman
John May, Assistant Treasurer
Dennis Gagne, Assistant Secretary
Richard Brodeur, Assistant Secretary
Calvin Teague, District Manager
Gregory Urbancic, District Counsel
David Wilkison, District Engineer
Regular Meeting Agenda
October 1, 2015 — 9:00 a.m.
1. Roll Call
2. Public Comments on Agenda Items
3. Approval of the Minutes of the August 6, 2015 Meeting
4. Bridging Solutions Update and Presentation of Proposed Bid Package
5. Old Business
A. Loan Update and Related Information
B. Memorandum of Understanding
C. Lake 15 Homeowner Repairs
D. Transfer of Environmental Resource Permit 11- 02234 -P from Lennar to the District
Update
E. Umbrella Association Update
F. Letter to the Quarry & Heritage Bay Umbrella Association
G. Water Management Program
H. Summer Lake Work Update
6. New Business
A. Engineering Qualifications Review
7. Manager's Report
A. Approval of Financials, Check Register and Invoices
B. Engagement Letter with Grau & Associates FY 2015 Audit
C. Field Manager's Report
D. 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 December 3, 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
Naples Daily News
Naples, FL 34110
Affidavit of Publication
Naples Daily News
-------------------------------------------------- +------------------ - - - - --
HERITAGE BAY COMMUNITY
DEVELOPMENT DISTRICT
210 N UNIVERSITY DR # 702
CORAL SPRINGS FL 33071 -7320
REFERENCE: 063481
59777126 REQUEST FOR ENGI
State of Florida
Counties of Collier and Lee
Before the undersigned authority, pe
appeared Dar, McDermott, says that lie s
Inside Sales Supervisor, of the Naples
a daily newspaper published at Naples,
County, Florida: distributed in Collie
and Lee counties of Florida; that the
copy of advertising was published in s
newspaper on dates listed.
Affiant further says that the said N
News is a newspaper published at Naple
Collier County, Florida, and that the
newspaper has heretofore been continuc
day and has been entered as second cla
matter at the post office in Naples, i
Collier County, Florida, for a period
next preceding the first publication c
attached copy of advertisement; and of
further says that he has neither paid
promised any person, firm or corporati
discount, rebate, commission or refund
purpose of securing this advertisement
publication in the said newspaper.
PUBLISHED ON: 08/27
AD SPACE: 102 LINE
FILED ON: 08/27/15
Signature of Af f iant
Sworn to and Subscribed before me this IQ day of 20
Personally known by me
Notary PubiiC State of Florida
Susan fl F10ra
My Commission FF 040250
o�p Expires 07/28/2017
RESOLUTION NO. /10-/
A RESOLUTION OF THE HERITAGE BAY COMMUNITY
DEVELOPMENT DISTRICT ACCEPTING A PROPOSAL
OF CNLBANK TO PROVIDE THE DISTRICT WITH A
LOAN IN ORDER TO FINANCE CERTAIN CAPITAL
IMPROVEMENTS OF THE DISTRICT; APPROVING THE
FORM OF A LOAN AGREEMENT; AUTHORIZING THE
ISSUANCE OF A PROMISSORY NOTE PURSUANT TO
SUCH LOAN AGREEMENT IN THE AGGREGATE
PRINCIPAL AMOUNT OF NOT TO EXCEED $250,000.00
IN ORDER TO EVIDENCE SUCH LOAN; AUTHORIZING
THE REPAYMENT OF SUCH NOTE FROM A
COVENANT TO BUDGET AND APPROPRIATE
LEGALLY AVAILABLE NON -AD VALOREM
REVENUES; DELEGATING CERTAIN AUTHORITY TO
THE CHAIRMAN, DISTRICT MANAGER AND OTHER
OFFICERS OF THE DISTRICT FOR THE
AUTHORIZATION, EXECUTION AND DELIVERY OF
THE LOAN AGREEMENT, PROMISSORY NOTE AND
VARIOUS OTHER DOCUMENTS WITH RESPECT
THERETO; AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW THEREFORE, BE IT
SUPERVISORS OF THE HERITAGE
DISTRICT, AS FOLLOWS:
RESOLVED BY THE BOARD OF
BAY COMMUNITY DEVELOPMENT
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution
is adopted pursuant to the provisions of the Florida Constitution, Chapter 190, Florida
Statutes and other applicable provisions of law.
SECTION 2. DEFINITIONS. When used in this Resolution, capitalized
terms not otherwise defined herein shall have the meanings set forth in the Loan Agreement
(as defined herein), unless the context clearly indicates a different meaning.
"Board" shall mean the Board of Supervisors of the District.
"Chairman" shall mean the Chairman of the Board of the District and in her or his
absence or unavailability, the Vice Chairman of the District and such other person as may
be duly authorized to act on his or her behalf.
"District" shall mean the Heritage Bay Community Development District, a local
unit of special purpose government duly organized and validly existing under the laws of
the State of Florida.
"District Manager" shall mean the District Manager of the District and such other
person as may be duly authorized to act on his or her behalf.
"Loan Agreement" shall mean the Loan Agreement to be executed between the
Noteholder and the District, which shall be substantially in the form attached hereto as
Exhibit B.
"Non -Ad Valorem Revenues" shall have the meaning assigned such term in the
Loan Agreement.
"Noteholder" shall mean CNLBank, and its successors and assigns.
"Project" shall mean improvements to bridge retaining walls to be financed with
the proceeds of the Series 2015 Note.
"Series 2015 Note" shall mean the Heritage Bay Community Development District
Special Obligation Revenue Note, Series 2015, as such Series 2015 Note is more
particularly described in the Loan Agreement.
The words "herein," "hereunder," "hereby," "hereto," "hereof," and any similar
terms shall refer to this Resolution.
Words importing the singular number include the plural number, and vice versa.
SECTION 3. RESOLUTION TO CONSTITUTE CONTRACT. In
consideration of the purchase and acceptance of the Series 2015 Note by the Noteholder,
the provisions of this Resolution shall be a part of the contract of the District with the
Noteholder, and shall be deemed to be and shall constitute a contract between the District
and the Noteholder. The provisions, covenants and agreements in this Resolution set forth
to be performed by or on behalf of the District shall be for the benefit, protection and
security of the Noteholder.
SECTION 4. FINDINGS. It is hereby ascertained, determined and declared
that:
(A) The District has various capital improvement and acquisition needs and
requirements in order to improve and maintain the health, safety and welfare of the District
and its inhabitants.
(B) The most efficient and cost - effective method of refinancing the District's
costs of the Project is through the issuance of the Series 2015 Note pursuant to the Loan
Agreement.
JAX\1985173_2
(C) The District obtained proposals from various financial institutions to provide
a loan to fund the Project.
(D) The Noteholder submitted its proposal to provide the District with a line of
credit loan to finance costs of the Project, which proposal was the most favorable proposal
received by the District.
(E) The Series 2015 Note shall be repaid solely from the Non -Ad Valorem
Revenues in the manner and to the extent set forth herein and in the Loan Agreement and
the ad valorem taxing power of the District will never be necessary or authorized to pay
said amounts.
(F) Due to the potential volatility of the market for obligations such as the Series
2015 Note and the complexity of the transactions relating to such Series 2015 Note, it is in
the best interest of the District to issue the Series 2015 Note by a negotiated sale to the
Noteholder, allowing the District to sell and issue the Series 2015 Note at the most
advantageous time, rather than at a specified advertised date, thereby permitting the District
to obtain the best possible price, terms and interest rate for the Series 2015 Note.
SECTION 5 ACCEPTANCE OF PROPOSAL. The District hereby
accepts the proposal of the Noteholder to provide the District with a line of credit loan to
finance costs of the Project, a copy of which proposal is attached hereto as Exhibit A. The
District Manager is hereby authorized to execute and deliver any documents required to
formally accept such proposal and the terms thereof. All actions taken by such officer or
his designees with respect to such proposal prior to the date hereof are hereby authorized
and ratified. To the extent of any conflict between the provisions of this Resolution or the
Loan Agreement and the proposal, the provisions of this Resolution and the Loan
Agreement shall prevail.
SECTION 6. APPROVAL OF FORM OF LOAN AGREEMENT AND
SERIES 2015 NOTE. The District hereby approves a line of credit loan from the
Noteholder in the principal amount of not to exceed $250,000.00. The terms and provisions
of the Loan Agreement in substantially the form attached hereto as Exhibit B are hereby
approved, with such changes, insertions and additions as the Chairman may approve. The
District hereby authorizes the Chairman to execute and deliver, and the District Manager
to attest, the Loan Agreement substantially in the form attached hereto as Exhibit B, with
such changes, insertions and additions as the Chairman may approve, his execution thereof
being conclusive evidence of such approval. In order to evidence the loan under the Loan
Agreement, it is necessary to provide for the execution of the Series 2015 Note. The
Chairman and the District Manager are authorized to execute and deliver the Series 2015
Note substantially in the form attached to the Loan Agreement as Exhibit A with such
changes, insertion and additions as they may approve, their execution thereof being
evidence of such approval.
JAX\1985173_2
SECTION 7. LIMITED OBLIGATION. The obligation of the District to
repay the Series 2015 Note is a limited and special obligation payable from Non -Ad
Valorem Revenues solely in the manner and to the extent set forth in the Loan Agreement
and shall not be deemed a pledge of the faith and credit or taxing power of the District and
such obligation shall not create a lien on any property whatsoever of or in the District. The
Non -Ad Valorem Revenues shall consist of legally available non -ad valorem revenues
budgeted and appropriated by the Board to pay debt service on the Series 2015 Note, all in
the manner and to the extent described in the Loan Agreement.
SECTION 8. GENERAL AUTHORIZATION. The Chairman and the
District Manager are authorized to execute and deliver such documents, instruments and
contracts, whether or not expressly contemplated hereby; and the District's attorney and
other employees or agents of the District are hereby authorized and directed to do all acts
and things required hereby or thereby as may be necessary for the full, punctual and
complete performance of all the terms, covenants, provisions and agreements herein and
therein contained, or as otherwise may be necessary or desirable to effectuate the purpose
and intent of this Resolution.
SECTION 9. REPEAL OF INCONSISTENT DOCUMENTS. All
ordinances, resolutions or parts thereof in conflict herewith are hereby superseded and
repealed to the extent of such conflict.
SECTION 10. EFFECTIVE DATE. This Resolution shall become effective
immediately upon its adoption.
ADOPTED AT A REGULAR BOARD MEETING THIS S r DAY OF
DC +0 b e—Z , 2015.
HERITAGE BAY COMMUNITY
DEVELOPMENT DISTRICT
Attest:
Secretary Chairman, Board of Supervisors
JAX11985173_2
EXHIBIT A
CNLBank Proposal
EXHIBIT B
Form of Loan Agreement
LOAN AGREEMENT
BETWEEN
HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT
R:TT7
CNLBANK
Dated as of September___, 2015
TABLE OF CONTENTS
Page
ARTICLE I
DEFINITION OF TERMS
SECTION 1.01. DEFINITIONS ........................................................ ..............................2
SECTION 1.02. INTERPRETATION ................................................ ..............................3
SECTION 1.03. TITLES AND HEADINGS ....................................... ..............................3
ARTICLE II
REPRESENTATIONS WARRANTIES AND COVENANTS; SECURITY FOR SERIES 2015 NOTE
SECTION 2.01.
REPRESENTATIONS BY THE DISTRICT ............. ..............................4
SECTION 2.02.
GENERAL REPRESENTATIONS WARRANTIES AND COVENANTS
OF THE NOTEHOLDER .................................. ..............................4
SECTION 2.03.
SERIES 2015 NOTE SHALL NOT BE INDEBTEDNESS OF THE
DISTRICTOR STATE ...................................... ..............................4
SECTION 2.04.
COVENANT TO BUDGET AND APPROPRIATE NON -AD VALOREM
REVENUES..................................................... ..............................5
SECTION 2.05.
PAYMENT COVENANT ......................................... ..............................5
SECTION 2.06.
NO ADDITIONAL COVENANT TO BUDGET AND APPROPRIATE
DEBT.............................................................. ............................... 5
ARTICLE III
DESCRIPTION OF SERIES 2015 NOTE, TERMS; OPTIONAL PREPAYMENT
SECTION 3.01.
DESCRIPTION OF THE SERIES 2015 NOTE ....... ..............................6
SECTION 3.02.
OPTIONAL PREPAYMENT .................................... ..............................7
ARTICLE IV
CONDITIONS FOR ISSUANCE OF THE SERIES 2015 NOTE
SECTION 4.01.
CONDITIONS FOR ISSUANCE ............................. ..............................8
ARTICLE V
EVENTS OF DEFAULT; REMEDIES
SECTION 5.01.
EVENTS OF DEFAULT .......................................... ..............................9
SECTION5.02.
REMEDIES ........................................................... ............................... 9
ARTICLE VI
MISCELLANEOUS
SECTION 6.01.
AMENDMENTS CHANGES OR MODIFICATIONS TO THE
AGREEMENT................................................. .............................10
SECTION6.02.
COUNTERPARTS ................................................ .............................10
SECTION 6.03.
SECTION 6.04.
SEVERABILITY .................................................... .............................10
TERM OF AGREEMENT ...................................... .............................10
SECTION 6.05.
NOTICE OF CHANGES IN FACT ......................... .............................10
SECTION6.06.
NOTICES .............................................................. ..•..........................10
SECTION 6.07.
NO THIRD -PARTY BENEFICIARIES .................... .............................10
SECTION 6.08.
APPLICABLE LAW ............................................... .............................10
SECTION 6.09.
WAIVER OF JURY TRIAL ..................................... .............................10
SECTION 6.10.
INCORPORATION BY REFERENCE .................... .............................10
SECTION 6.11.
FINANCIAL STATEMENTS ................................... .............................10
EXHIBIT A - FORM OF SERIES 2015 NOTE
This LOAN AGREEMENT (the "Agreement") is made and entered into as of September
2015, by and between HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT, a local
unit of special - purpose government duly organized and validly existing under the laws of the State of
Florida, and its successors as may be provided by law (the "District "), and CNLBANK, a Florida
banking corporation duly organized and existing under the laws of the State of Florida, and its
successors and assigns (the " Noteholder");
WIT NESSETH:
WHEREAS, the District is authorized by provisions of the Florida Constitution, Chapter 190,
Florida Statutes and other applicable provisions of law (collectively, the "Act") to, among other things,
finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and
maintain systems, facilities and basic infrastructures as provided in the Act and to borrow money to
finance and refinance the acquisition, construction, equipping and maintenance of the foregoing; and
WHEREAS, the District desires to make improvements to the bridge retaining walls (the
"Project"); and
WHEREAS, in order to finance costs of the Project through the issuance of debt the District
Manager has obtained financing proposals on behalf of the District from various financial institutions
to provide a loan to the District to refinance costs of the Project; and
WHEREAS, the proposal submitted by the Noteholder was the most favorable proposal
received by the District; and
WHEREAS, the Noteholder is willing to make a loan to the District, and the District is willing to
incur such loan, pursuant to the terms and provisions of this Agreement in an aggregate principal
amount of $250,000.00 to pay the cost of the Project.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
That the parties hereto, intending to be legally bound hereby and in consideration of the mutual
covenants hereinafter contained, DO HEREBY AGREE as follows:
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ARTICLE I
DEFINITION OF TERMS
SECTION 1.01. DEFINITIONS, The terms defined in this Article I shall, for all purposes
of this Agreement, have the meanings in this Article I specified, unless the context clearly otherwise
requires.
"Act" shall mean the Florida Constitution, the Uniform Community Development District Act
of 1980, as amended, Chapter 190, Florida Statutes and other applicable provisions of law.
"Agreement" shall mean this Loan Agreement between the District and the Noteholder and
any and all modifications, alterations, amendments and supplements hereto made in accordance with
the provisions hereof.
"Business Day" shall mean any day other than a Saturday, Sunday or a day on which the
Noteholder is authorized or required to be closed.
"Board" shall mean the Board of Supervisors of the District.
"Debt" means at any date (without duplication) all of the following to the extent that they are
secured by or payable in whole or in part from any Non -Ad Valorem Revenues (A) all obligations of
the District for borrowed money or evidenced by bonds, debentures, notes or other similar instruments;
(B) all obligations of the District to pay the deferred purchase price of property or services, except
trade accounts payable under normal trade terms and which arise in the ordinary course of business;
(C) all obligations of the District as lessee under capitalized leases; and (D) all indebtedness of other
Persons to the extent guaranteed by, or secured by, Non-Ad Valorem Revenues of the District.
"District" shall mean Heritage Bay Community Development District, a local unit of special -
purpose government organized and existing in accordance with the Act.
"District Manager" shall mean any acting, interim or permanent District Manager of the
District, any assistant District Manager of the District, or any of their duly authorized designees.
"Fiscal Year" shall mean the 12 -month period commencing on October 1 of any year and
ending on September 30 of the immediately succeeding year.
"Governmental Funds" shall mean all of the "governmental funds" of the District as described
and identified in the annual audited financial statements of the District for the applicable Fiscal Year
but specifically excluding any and all non -ad valorem assessments levied by the District to secure
repayment of the $17,450,000.00 Heritage Bay Community Development District Capital Improvement
Revenue Refunding Bonds, Series 2014 ( "Series 2014 Bonds ") and any and all other funds of the
District related to, or otherwise securing, repayment of the Series 2014 Bonds.
"Governmental Funds Revenues" shall mean total revenues of the District derived from any
source whatsoever and that are allocated to and accounted for in the Governmental Funds as shown
in the annual audited financial statements of the District for the applicable Fiscal Year.
"Interest Rate" shall mean a fixed interest rate equal to 4.00% per annum.
"Maturity Date" shall mean September , 2020.
2
"Chairman" shall mean the Chairman of the Board and in her or his absence or unavailability,
the Vice Chairman of the Board and such other person as may be duly authorized to act on his or her
behalf.
"Non -Ad Valorem Revenues" shall mean all Governmental Funds Revenues other than
revenues generated from ad valorem taxation on real or personal property which are legally available
to make the payments required herein.
"Noteholder" shall mean CNLBank, and its successors and assigns.
"Person" shall mean an individual, a corporation, a partnership, an association, a joint stock
company, a trust, any unincorporated organization, governmental entity or other legal entity.
"Project" shall mean the Improvements to the bridge retaining walls to be financed with the
proceeds of the Series 2015 Note.
"Resolution" shall mean Resolution No. adopted by the District on , 2015,
which among other things authorized the execution and delivery of this Loan Agreement and the
issuance of the Series 2015 Note.
"Series 2015 Note" shall mean the Heritage Bay Community Development District Special
Obligation Revenue Note, Series 2015, authorized to be issued by the Resolution and more
particularly described in Article III hereof.
"State" shall mean the State of Florida.
SECTION 1.02. INTERPRETATION. Unless the context clearly requires otherwise,
words of masculine gender shall be construed to include correlative words of the feminine and neuter
genders and vice versa, and words of the singular number shall be construed to include correlative
words of the plural number and vice versa. Any capitalized terms used in this Agreement not herein
defined shall have the meaning ascribed to such terms in the Resolution. This Agreement and all the
terms and provisions hereof shall be construed to effectuate the purpose set forth herein and to sustain
the validity hereof.
SECTION 1.03. TITLES AND HEADINGS. The titles and headings of the articles and
sections of this Agreement, which have been inserted for convenience of reference only and are not
to be considered a part hereof, shall not in any way modify or restrict any of the terms and provisions
hereof, and shall not be considered or given any effect in construing this Agreement or any provision
hereof or in ascertaining intent, if any question of intent should arise.
[Remainder of page intentionally left blank]
3
ARTICLE II
REPRESENTATIONS, WARRANTIES AND COVENANTS;
SECURITY FOR SERIES 2015 NOTE
SECTION 2.01. REPRESENTATIONS BY THE DISTRICT. The District represents,
warrants and covenants that:
(a) The District is a local unit of special- purpose government organized and existing in
accordance with the Act. Pursuant to the Resolution, the District has duly authorized the execution
and delivery of this Agreement, the performance by the District of all of its obligations hereunder, and
the issuance of the Series 2015 Note in the aggregate principal amount of $250,000.00.
(b) The District has complied in all material respects with all of the provisions of the
constitution and laws of the State, including the Act, and has full power and authority to enter into and
consummate all transactions contemplated by this Agreement or under the Series 2015 Note, and to
perform all of its obligations hereunder and under the Series 2015 Note and, to the best knowledge of
the District, the transactions contemplated hereby do not conflict with the terms of any statute, order,
rule, regulation, judgment, decree, agreement, instrument or commitment to which the District is a
party or by which the District Is bound.
(c) The District is duly authorized and entitled to issue the Series 2015 Note and enter into
the Agreement and, when executed and delivered, the Series 2015 Note and the Agreement will each
constitute a legal, valid and binding obligation of the District enforceable in accordance with its
respective terms, subject as to enforceability to bankruptcy, insolvency, moratorium, reorganization or
other similar laws affecting creditors' rights generally and the rights of Florida governmental entities
specifically, or by the exercise of judicial discretion in accordance with general principles of equity.
(d) There are no actions, suits or proceedings pending or, to the best knowledge of the
District, threatened against or affecting the District, at law or in equity, or before or by any governmental
authority, that, if adversely determined, would materially impair the ability of the District to perform the
District's obligations under this Agreement or under the Series 2015 Note.
(e) The District will furnish to the Noteholder within 210 days after the close of each Fiscal
Year a copy of the annual audited financial statements of the District, prepared by a certified public
accountant. The District shall also provide the Noteholder with a copy of the annual budget of the
District each year and any amendments thereto within 30 days of the final adoption of such budget.
With reasonable promptness the District shall provide such other data and information as may be
reasonably requested in writing by the Noteholder from time to time.
SECTION 2.02. GENERAL REPRESENTATIONS, WARRANTIES AND
COVENANTS OF THE NOTEHOLDER. The Noteholder hereby represents, warrants and agrees that
it is a banking corporation duly organized and existing under the laws of the State, authorized to
execute and deliver this Agreement and to perform its obligations hereunder, and such execution and
delivery will not constitute a violation of its charter, articles of incorporation or bylaws. Pursuant to the
terms and provisions of this Agreement, the Noteholder agrees to provide a line of credit loan to the
District as evidenced hereby and by the Series 2015 Note for the purpose of financing costs of the
Project and paying costs relating to the issuance of the Series 2015 Note.
SECTION 2.03. SERIES 2015 NOTE SHALL NOT BE INDEBTEDNESS OF THE
DISTRICT OR STATE. The Series 2015 Note, when delivered by the District pursuant to the terms
of this Agreement, shall not be or constitute an indebtedness of the District, the State of Florida or any
political subdivision or agency thereof, within the meaning of any constitutional, statutory or charter
4
limitations of indebtedness, but shall be payable solely as herein provided. The Noteholder shall never
have the right to compel the exercise of the ad valorem taxing power of the District, or taxation in any
form on any property therein to pay the Series 2015 Note or the interest thereon. The Series 2015
Note is a special and limited obligation secured by and payable as to principal and interest from the
Non -Ad Valorem Revenues, to the extent and in the manner provided herein.
SECTION 2.04. COVENANT TO BUDGET AND APPROPRIATE NON -AD
VALOREM REVENUES. The District covenants and agrees to budget and appropriate in its annual
budget for each Fiscal Year in which any amounts due hereunder, or with respect to the Series 2015
Note remain unpaid or outstanding, by amendment, if necessary, Non -Ad Valorem Revenues amounts
sufficient to pay principal of and interest on. the Series 2015 Note when due. Such covenant and
agreement on the part of the District to budget and appropriate such amounts of Non -Ad Valorem
Revenues shall be cumulative to the extent not paid, and shall continue until such Non -Ad Valorem
Revenues or other legally available funds in amounts sufficient to make all such required payments
shall have been budgeted, appropriated and actually paid. Notwithstanding the foregoing covenant of
the District, the District does not covenant to maintain any services or programs, now provided or
maintained by the District, which generate Non -Ad Valorem Revenues.
Such covenant to budget and appropriate does not create any lien upon or pledge of such
Non -Ad Valorem Revenues, nor does it preclude the District from pledging in the future Its Non -Ad
Valorem Revenues, nor does it require the District to levy and collect any particular Non -Ad Valorem
Revenues, nor does it give the Noteholder a prior claim on the Non-Ad Valorem Revenues as opposed
to claims of general creditors of the District. Such covenant to appropriate Non -Ad Valorem Revenues
is subject in all respects to the payment of obligations secured by a pledge of such Non -Ad Valorem
Revenues heretofore or hereafter entered into (including the payment of debt service on the Series
2015 Note and other debt instruments). However, the covenant to budget and appropriate for the
purposes and in the manner stated herein shall have the effect of making available for the payment of
the Series 2015 Note, in. the manner described herein, Non -Ad Valorem Revenues and placing on the
District a positive duty to appropriate and budget, by amendment, if necessary, amounts sufficient to
meet its obligations hereunder; subject, however, to the payment of services and programs which are
for essential public purposes affecting the health, safety and welfare of the inhabitants of the District
or which are legally mandated by applicable law.
SECTION 2.05. PAYMENT COVENANT. The District covenants that it shall duly and
punctually pay from the Non -Ad Valorem Revenues in accordance herewith, the principal of and
interest on the Series 2015 Note at the dates and place and in the manner provided herein and in the
Series 2015 Note according to the true intent and meaning thereof and all other amounts due under
this Agreement.
SECTION 2.05. NO ADDITIONAL COVENANT TO BUDGET AND APPROPRIATE
DEBT. During such time as the Series 2015 Note is outstanding hereunder or any amounts due
hereunder or with respect to the Series 2015 Note remain unpaid or outstanding, the District agrees
and covenants with the Noteholder that it will not incur any Debt for which it has covenanted to budget
and appropriate Non -Ad Valorem Revenues to satisfy debt service payments on such Debt, whether
or not it has secured such Debt with a lien on or pledge of any Non -Ad Valorem Revenues, excepting
debt to Noteholder.
[Remainder of page intentionally left blank]
5
ARTICLE 111
DESCRIPTION OF SERIES 2015 NOTE; PAYMENT TERMS;
OPTIONAL PREPAYMENT
SECTION 3.01. DESCRIPTION OF THE SERIES 2015 NOTE. (a) The District hereby
authorizes the issuance and delivery of the Series 2015 Note to the Noteholder which Note shall be in
an amount equal to TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($250,000.00) and
shall be designated as the "Heritage Bay Community Development District Special Obligation
Revenue Note, Series 2015." The text of the Series 2015 Note shall be substantially in the form
attached hereto as Exhibit A, with such omissions, insertions and variations as may be necessary and
desirable to reflect the particular terms of the Series 2015 Note. The provisions of the form of the
Series 2015 Note are hereby incorporated in this Agreement.
(b) The Series 2015 Note shall be dated the date of its delivery. The Series 2015 Note
shall be executed in the name of the District by the manual signature of the Chairman and the official
seal of the District shall be affixed thereto and attested by the manual signature of the District Manager.
In case any one or more of the officers, who shall have signed or sealed the Series 2015 Note, shall
cease to be such officer of the District before the Series 2015 Note so signed and sealed shall have
been actually delivered, such Series 2015 Note may nevertheless be delivered as herein provided and
may be issued as if the person who signed or sealed such Series 2015 Note had not ceased to hold
such office.
(c) The Series 2015 Note shall bear interest from its date of issuance at the Interest Rate
(calculated on an actual /360 day count basis). Beginning on October , 2015 and continuing on
the same day of each month thereafter for nine (9) months, the District shall make interest only
payments. Beginning on July , 2016, the District shall make principal and interest payments
monthly for fifty one (51) consecutive months, in amount calculated by Noteholder, based the
outstanding principal balance of the Series 2015 Note on June , 2016 and a fifty one (51) month
amortization period. The unpaid principal balance of this Series 2015 Note, together with all accrued
interest and charges owing in connection therewith, shall be due and payable on the Maturity Date.
All prepayments received by the Noteholder for application to this Series 2015 Note may be applied
to the District's obligations under this Series 2015 Note in such order as determined by the Noteholder.
Payments shall be made by auto debit from District's account. The District Manager is authorized to
establish the final debt service schedule with the agreement of the Noteholder.
(d) All payments of principal of and interest on the Series 2015 Note shall be payable in
any coin or currency of the United States which, at the time of payment, is legal tender for the payment
of public and private debts and shall be made to the Noteholder in immediately available funds. If any
Interest Payment Date or Principal Payment Date is not a Business Day, the corresponding payment
shall be due on the next succeeding Business Day. The District shall maintain books and records with
respect to the identity of the holders of the Note, including a complete and accurate record of any
assignment of this Agreement and the Series 2015 Note as provided in Section 3.01(f).
(e) The Noteholder's right, title and interest in and to this Agreement, the Series 2015 Note
and any amounts payable by the District hereunder may be assigned and reassigned in whole only
without the necessity of obtaining the consent of the District; provided, that any such assignment,
transfer or conveyance shall be made only to an entity which is a "qualified institutional buyer" as
defined in Rule 144A(a)(1) promulgated under the Securities Act of 1933, as amended, and is
purchasing this Agreement and the Series 2015 Note for its own account with no present intention to
resell or distribute this Agreement and the Series 2015 Note, subject to each investor's right at any
time to dispose of or assign the Agreement and the Series 2015 Note as it determines to be in its best
interests. No assignment, transfer or conveyance permitted by this Section 3.01(f) shall be effective
until the District shall have received a written notice of assignment that discloses the name and
address of such assignee. If the Noteholder notifies the District of its intent to assign and sell its right,
title and interest in and to this Agreement and the Series 2015 Note as herein provided, the District
agrees that it shall execute and deliver to the assignor Noteholder a notice and acknowledgement of
assignment in form and substance satisfactory to the assignor Noteholder within 10 Business Days
after its receipt of such request.
SECTION 3.02. OPTIONAL PREPAYMENT. The Series 2015 Note may be prepaid at
any time prior to the Maturity Date, at the option of the District, from any moneys legally available
therefor, upon notice as provided herein, in whole or in part, by paying to the Noteholder the principal
amount to be prepaid, together with the unpaid interest accrued on the amount of principal so prepaid
to the date of such prepayment, without penalty or premium.
[Remainder of page intentionally left blank]
7
ARTICLE IV
CONDITIONS FOR ISSUANCE OF THE SERIES 2015 NOTE
SECTION 4.01. CONDITIONS FOR ISSUANCE. In connection with the issuance of
the Series 2015 Note, the Noteholder shall not be obligated to purchase the Series 2015 Note pursuant
to this Agreement unless at or prior to the issuance thereof the District delivers to the Noteholder the
following items in form and substance acceptable to the Noteholder:
(a) Such certificates, instruments and other documents as the Noteholder may deem
reasonably necessary or appropriate.
[Remainder of page intentionally left blank]
ARTICLE V
EVENTS OF DEFAULT; REMEDIES
SECTION 5.01. EVENTS OF DEFAULT. An "Event of Default' shall be deemed to
have occurred under this Agreement if.
(a) The District shall fail to make timely payment of principal or interest when due with
respect to the Series 2015 Note;
(b) Any representation or warranty of the District contained in Article 11 of this Agreement
shall prove to be untrue in any material respect when made;
(c) Any covenant of the District contained in this Agreement shall be breached or violated
for a period of 30 days after the District receives notice from the Noteholder of such breach or violation,
unless the Noteholder shall agree in writing, in its sole discretion, to an extension of such time prior to
its expiration;
(d) There shall occur the termination, dissolution or liquidation of the District, or the filing
by the District of a voluntary petition in bankruptcy, or the commission by the District of any act of
bankruptcy, or adjudication of the District as a bankrupt, or assignment by the District for the benefit
of its creditors, or appointment of a receiver for the District, or the entry by the District into an
agreement of composition with its creditors, or the approval by a court of competent jurisdiction of a
petition applicable to the District in any proceeding for its reorganization instituted under the provisions
of the Federal Bankruptcy Act, as amended, or under any similar act in any jurisdiction which may now
be in effect or hereafter amended.
(e) Any default by District in any other obligation to Noteholder.
SECTION 5.02. REMEDIES. If any event of default shall have occurred and be
continuing following ten (10) days from the date the District receives written notice thereof as to any
default which may be cured by the payment of money, or following thirty (30) days from the date the
District receives written notice thereof as to any default which cannot be cured by the payment of
money, the Noteholder or any trustee or receiver acting for the Noteholder may either at law or in
equity, by suit, action, mandamus or other proceedings in any court of competent jurisdiction, protect
and enforce any and all rights under the Laws of the State of Florida, or granted and contained in this
Agreement, and may enforce and compel the performance of all duties required by this Agreement or
by any applicable statutes to be performed by the District or by any officer thereof, including, but not
limited to, specific performance. No remedy herein conferred upon or reserved to the Noteholder is
intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be
cumulative, and shall be in addition to every other remedy given hereunder or now or hereafter existing
at law or in equity or by statute.
[Remainder of page intentionally left blank]
9
ARTICLE VI
MISCELLANEOUS
SECTION 6.01. AMENDMENTS, CHANGES OR MODIFICATIONS TO THE
AGREEMENT. This Agreement shall not be amended, changed or modified without the prior written
consent of the Noteholder and the District.
SECTION 6.02. COUNTERPARTS. This Agreement may be executed in any number
of counterparts, each of which, when so executed and delivered, shall be an original; but such
counterparts shall together constitute but one and the same Agreement, and, in making proof of this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
SECTION 6.03. SEVERABILITY. If any clause, provision or section of this Agreement
shall be held illegal or invalid by any court, the invalidity of such provisions or sections shall not affect
any other provisions or sections hereof, and this Agreement shall be construed and enforced to the
end that the transactions contemplated hereby be effected and the obligations contemplated hereby
be enforced, as if such illegal or invalid clause, provision or section had not been contained herein.
SECTION 6.04. TERM OF AGREEMENT. This Agreement shall be in full force and
effect from the date hereof and shall continue in effect as long as the Series 2015 Note is outstanding.
SECTION 6.05. NOTICE OF CHANGES IN FACT. Promptly after the District becomes
aware of the same, the District will notify the Noteholder of (a) any change in any material fact or
circumstance represented or warranted by the District in this Agreement or in connection with the
issuance of the Series 2015 Note, and (b) any default or event which, with notice or lapse of time or
both, could become a default under the Agreement, specifying in each case the nature thereof and
what action the District has taken, is taking and /or proposed to take with respect thereto.
SECTION 6.06. NOTICES. Any notices or other communications required or permitted
hereunder shall be sufficiently given if delivered personally or sent registered or certified mail, postage
prepaid, to Heritage Bay Community Development District, c/o Severn Trent Services, 210 N.
University Drive, Suite 702, Coral Springs, Florida 33071, and to the Noteholder, CNLBank, 9160 Bonita
Beach Road, Bonita Springs, Florida 34135 Attention: William McDonald, Vice President, or at such
other address as shall be furnished in writing by any such party to the other, and shall be deemed to
have been given as of the date so delivered or deposited in the United States mail.
SECTION 6.07. NO THIRD -PARTY BENEFICIARIES. This Agreement is for the
benefit of the District and the Noteholder and their respective successors and assigns, and there shall
be no third -party beneficiary with respect thereto.
SECTION 6.08. APPLICABLE LAW. The substantive laws of the State of Florida shall
govern this Agreement.
SECTION 6.09. WAIVER OF JURY TRIAL. To the extent permitted by law, each party
waives, to the fullest extent permitted by applicable law, any. right it may have to a trial by jury in
respect of any proceedings relating to this Agreement.
SECTION 6.10. INCORPORATION BY REFERENCE. All of the terms and obligations
of the Resolution are hereby incorporated herein by reference as if said Resolution was fully set forth
in this Agreement and the Series 2015 Note.
10
SECTION 6.11. FINANCIAL STATEMENTS. The District shall provide to Noteholder
a copy of its audited financial statement annually on the earlier of its availability of 210 days from each
fiscal year end.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed
as of the date first set forth herein.
ATTEST:
By:
Calvin Teague, Secretary
HERITAGE BAY COMMUNITY DEVELOPMENT
DISTRICT
By:
Edwin B. Hubbard, Chairman, Board of Supervisors
CNLBANK
By:
William McDonald, Vice President
11
EXHIBIT A
$250,000.00
UNITED STATES OF AMERICA
STATE OF FLORIDA
HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT
SPECIAL OBLIGATION REVENUE NOTE,
SERIES 2015
Interest Final
Rate Date of Issuance Maturity Date
4.00% September___, 2015 September , 2020
KNOW ALL MEN BY THESE PRESENTS, that Heritage Bay Community Development
District (the "District "), for value received, hereby promises to pay, solely from the Non -Ad Valorem
Revenues described in the within mentioned Agreement, to the order of CNLBANK, a Florida
corporation,or its successors or assigns (the "Noteholder "), the principal sum of TWO HUNDRED
FIFTY THOUSAND AND 00/100 DOLLARS ($250,000.00) pursuant to that certain Loan Agreement
by and between the Noteholder and the District, dated as of the date hereof (the "Agreement "), and to
pay interest on such the outstanding principal amount hereof from the Date of Issuance set forth
above, or from the most recent date to which interest has been paid, at the fixed Interest Rate of 4.00%
per annum (calculated on an actual/360 day count basis. Beginning on October , 2015 and
continuing on the same day of each month thereafter for nine (9) consecutive months, District shall
make interest only payments on the outstanding principal balance. Beginning on July , 2016, the
District shall make principal and interest payments monthly for fifty one (51) consecutive months, in
amount calculated by Noteholder, based the outstanding principal balance of this Note on June ,
2016 and a fifty one (51) month amortization period. The unpaid principal balance of this Note, together
with all accrued interest and charges owing in connection therewith, shall be due and payable on the
Maturity Date. All payments received by the Noteholder for application to this Note may be applied to
the District's obligations under this Note in such order as determined by the Noteholder. Payments
shall be made by auto debit from District's account The principal and interest on this Note is payable
in any coin or currency of the United States of America which, at the time of payment, is legal tender
for the payment of public and private debts. If any required payment is more than 10 days late, then at
Noteholder's option, Noteholder will assess a late payment charge of 5.000% of the amount of the
regularly scheduled payment then past due.
This Note evidences a non - revolving line of credit. Once the total amount of principal has been
advanced or upon the expiration of a nine (9) month draw period beginning on the date of this Note,
District is not entitled to further loan advances. Advances under this Note may be requested in writing
by District or as provided in this paragraph. All communications, instructions, or directions to Noteholder
are to be directed to Noteholder's office shown above. The following person or persons are authorized
to request advances and authorize payments during the construction loan phase under this Note until
Noteholder receives from District, at Noteholder's address as follows: c/o Severn Trent Services, 210
N. University Drive, Suite 702, Coral Springs, Florida 33071, written notice of revocation of such
authority: Calvin Teague of Severn Trent Management Services or Edwin B. Hubbard, Chairman of the
District. District agrees to be liable for all sums either: (A) advanced in accordance with the instructions
of an authorized person or (B) credited to any of District's accounts with Noteholder. The unpaid
principal balance owing on this Note at any time may be evidenced by endorsements on this Note or
by Noteholder's internal recording, including daily computer printouts.
The District and Noteholder agree that the District may borrow up to the maximum amount of principal
only one time. Subject to the terms of this Note and all of the related agreements, advances under this Note
are obligatory. Regardless of the obligatory nature of this Note, principal advances will not be made to the
District if any of the following conditions exist:
The maximum amount on this Note has been reached or is outstanding.
• District has breached any of the terms, provisions, representations, requirements or promises
contained in this Note or any other agreement.
• District makes a request for an advance after a date nine (9) months from the date of the
Note.
• The Note or any other agreement relating to the extension of credit is in default.
• The Noteholder is precluded by law from making the advance.
Advances under this Note may only be requested in writing by the District or by an authorized person.
The total of any advance requested and unpaid principal cannot exceed the available principal amount. The
available principal amount refers to the principal amount minus the aggregate amount of outstanding advances.
All advances will be charged to a loan account in Districts name on Noteholder's books, and the
Noteholder shall debit in such account the amount of each advance made to, and credit to such account
the amount of each repayment made by District.
This Note is issued under the authority of and in full compliance with the Constitution and
statutes of the State of Florida, including, particularly, Chapter 190, Florida Statutes and other
applicable provisions of law, and Resolution No. duly adopted by the District on ,
2015 (the "Resolution "), as such Resolution may be amended and supplemented from time to time,
and is subject to all terms and conditions of the Resolution and the Agreement. Any capitalized term
used in this Note and not otherwise defined shall have the meaning ascribed to such term in the
Agreement.
This Note is being issued to finance improvements to the bridge retaining walls as set forth in
the Loan Agreement. This Note is payable from the Non -Ad Valorem Revenues in the manner and to
the extent provided and described in the Agreement.
This Note shall bear interest at the Interest Rate identified above on an actual /360 day count
basis.
Notwithstanding any provision in this Note to the contrary, in no event shall the interest
contracted for, charged or received in connection with this Note (including any other costs or
considerations that constitute interest under the laws of the State of Florida which are contracted for,
charged or received) exceed the maximum rate of interest allowed under the State of Florida as
presently in effect.
All payments made by the District hereon shall apply first to fees, costs, late charges and
accrued interest, and then to the principal amount then due on this Note.
This Note may be prepaid prior to its Maturity Date identified above, at the option of the District,
from any moneys legally available therefor, upon notice as provided herein, in whole or in part, by
paying to the Noteholder the principal amount to be prepaid, together with the unpaid interest accrued
on the amount of principal so prepaid to the date of such prepayment, without penalty or premium.
Any prepayment of this Note shall be made on such date as shall be specified by the District
in an irrevocable notice delivered to the Noteholder not less than 10 days prior thereto specifying the
principal amount of this Note to be prepaid (which shall be the total aggregate principal amount to be
outstanding on such prepayment date) and the date that shall be the date of such prepayment, all in
accordance with the provisions of the Agreement.
This Note, when delivered by the District pursuant to the terms of the Agreement and the
Resolution, shall not be or constitute an indebtedness of the District or of the State of Florida, within
the meaning of any constitutional, statutory or charter limitations of indebtedness, but shall be payable
from the Non -Ad Valorem Revenues, in the manner and to the extent provided in the Agreement and
the Resolution. The Noteholder shall never have the right to compel the exercise of the ad valorem
taxing power of the District or the State, or taxation in any form of any property therein to pay the Note
or the interest thereon.
This Note shall be and have all the qualities and incidents of a negotiable instrument under
the commercial laws and the Uniform Commercial Code of the State of Florida, subject to the
immediately succeeding paragraph and any provisions for registration and transfer contained in the
Agreement. So long as any of this Note shall remain outstanding, the District shall maintain and keep
books for the registration and transfer of this Note.
The Noteholder's right, title and interest in and to this Note and any amounts payable by the
District hereunder may be assigned and reassigned in whole only without the necessity of obtaining
the consent of the District; provided, that any such assignment, transfer or conveyance shall be made
only to an entity which is a "qualified institutional buyer" as defined in Rule 144A(a)(1) promulgated
under the Securities Act of 1933, as amended, and is purchasing this Note for its own account with no
present intention to resell or distribute this Note, subject to each investors right at any time to dispose
of or assign the Note as it determines to be in its best interests. No assignment, transfer or conveyance
permitted by the Resolution shall be effective until the District shall have received a written notice of
assignment that discloses the name and address of such assignee.
IN WITNESS WHEREOF, the District caused this Note to be signed by the manual signature
of the Chairman of the Board of Supervisors and the seal of the District to be affixed hereto or imprinted
or reproduced hereon, and attested by the manual signature of the District Manager, and this Note to
be dated the Date of Issuance set forth above.
HERITAGE BAY COMMUNITY DEVELOPMENT
DISTRICT
By.
Edwin B. Hubbard, Chairman, Board of Supervisors
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Bridging Solutions, C BRIDGING
155863 3 Se Secoya Reserve Circle 1
Naples, FL 34110 SOLUTIONS
Tel. (239) 216 -1370
ralph(@bridging-solutions.com
www._bridgi ng- solutions. com
Wall Replacement Meeting Minutes October 1, 2015
1. Ralph reviewed Work Items in Plans and Bid Form with the Board
2. BSLLC will add a note to bid form and leave blank spaces for the contractor to describe the approximated
areas he needs for staging adjacent to the work area.
3. General Note No. 14, Sheet 2 of 9 of the plans provides the contractor with some information related to
maintaining the irrigation system during the project.
4. Bid and Performance Bonds will not be required.
5. BSLLC will coordinate with Greg related to the Construction Contract Form
6. Proposed Project Schedule
Present Final Plans to Board
October 1
Distribute Plans
October 15
Mandatory Pre -Bid Meeting
October 29
Open Bids at 2 PM
November 16
Board Votes to Award Project
December 3
Contract Signed (on or before)
January 15
Preconstruction Meeting
January 21
Notice To Proceed
February I
Contract Closeout
April 15
7. The Public Project Advertisement will be prepared by Cal and Justin with Severn Trent Management
Services. BSLLC will review and comment.
8. Contract Documents Distributed by Severn Trent Management Services
8.1. BSLLC Plans
8.2. BSLLC Bid Form
8.3. Blank Contract Forms
8.3.LBid bond not required
8.3.2. Performance bond not required
8.3.3.lnsurance requirements
8.4. Qualifications and References Forms to be provided by Severn Trent Management Services
9. Contractor Questions/Addendum Process — Only written questions will be accepted by sending an e -mail to
Severn Trent Management Services and BSLLC. BSLLC will provide responses to all technical questions.
10. A Mandatory Pre -bid Meeting will be conducted by BSLLC on site on October 291x'.
11. Bid Opening at Severn Trent Management Services Office on November 16"
We design bridges to ft your site and budget.
BD DT 0 S
12. Bid Tabulations & Award Recommendation by BSLLC
13. Draft Construction Phase Services by BSLLC
13.1. Conduct a preconstruction meeting to review contractor's means and methods and detailed
project schedule.
13.2. Review and approve project material submittals.
13.3. Review written Requests for Information (RFI) from the contractor and provide written
responses.
13.4. Perform intermittent inspections during construction and prepare inspection reports. We assume
at least 3 half day inspections per week for the duration of construction.
13.5. Prepare "As- Built" drawings documenting all approved field changes during construction.
13.6. Perform a final inspection and provide a letter of certification stating the wall was constructed in
accordance with the plans and specifications.
Respectfully Submitted,
Ralph Verrastro, PE, Principal
Bridging Solutions, LLC
2
Subject: FW: Heritage Bay CDD - Agenda Packet
Attachments: CONSTRUCTION CONTRACT v.001.pdf
From: Greg Urbancic [mailto:eurbancic @cvklawfirm.com)
Sent: Tuesday, September 22, 2015 10:16 AM
To: Faircloth, Justin
Subject: RE: Heritage Bay CDD - Meeting Attendance
Justin- Attached is a preliminary draft Construction Contract for your review and comments. There will be a few items
(names, list of contract documents, time for performance, etc.) that will need to be completed at a later time once the
contractor and all documents are identified. Also, there may be some things throughout that will require some potential
modifications based upon business terms of the agreement and /or the bidding process. Some examples of these items
will be whether there is a liquidated damages provision for not completing on time, length of warranty, insurance
carried. There may be some others, but I just wanted to note that there may be some additional tailoring to fit the final
agreement points,
Please let me know if you have any questions.
Thank you.
Greg Urbancic
Coleman, Yovanovich & Koester, P.A.
Northern Trust Bank Building
4001 Tamiami Trail N., Suite 300
Naples, Florida 34103
Phone: 239- 435 -3535
Fax: 239 - 435 -1218
gurbancic(a)-cyklawfirm.com
Both Greg Urbancic and Coleman, Yovanovich & Koester, P.A. intend that this message be used exclusively by the addressee(s). This message may
contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is
strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Greg Urbancic
immediately at gurbancic(cDcvklawfirm.com or (239) 435 -3535. Thank you.
Contract No.:
District Award Date:
CONSTRUCTION CONTRACT
HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT
THIS CONSTRUCTION CONTRACT (this "Contract ") is made and entered into as of this _
day of 2015, by and between HERITAGE BAY
COMMUNITY DEVELOPMENT DISTRICT, a unit of local special purpose government created
pursuant to Chapter 190, Florida Statutes ( "DISTRICT "), and TED ENTITY, INC., a Florida corporation
("CONTRACTOR").
WITNESSETH:
WHEREAS, DISTRICT desires to obtain the services of CONTRACTOR concerning certain
bridge retaining wall improvements within the Heritage Bay subdivision situated in Collier County, Florida
(the "Project "); and
WHEREAS, CONTRACTOR has submitted a bid proposal for provision of services to complete
the Project; and
WHEREAS, CONTRACTOR represents that it has expertise in the type of services that will be
required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, and for Ten
Dollars ($10.00) and other good and valuable consideration, receipt and sufficiency of which is hereby
acknowledged, and subject to the terms and conditions hereof, the parties agree as follows:
ARTICLE ONE
CONTRACTOR'S RESPONSIBILITY
1.1. The service to be performed by CONTRACTOR hereunder is the Project which consists of the
work on real property located within the Ieritage Bay subdivision in Collier County, Florida as described
in the Contract Documents (as defined in Article Five below), which Contract Documents are attached
hereto and made a part hereof by reference (collectively, the " oHe ). For purposes of clarification of
certain text within the Contract Documents, notwithstanding anything to the contrary, the Work specifically
includes, without limitation those items set forth on Exhibit "A" attached hereto and made a part hereof.
1.2. CONTRACTOR agrees to obtain and maintain throughout the period of this Contract all such
licenses as are required to do business in the State of Florida and Collier County, Florida, including, but
not limited to, all licenses, if any, required by the respective state boards and other governmental agencies
responsible for regulating and licensing the services to be provided and performed by CONTRACTOR
pursuant to this Contract.
1.3. CONTRACTOR agrees that, when the services to be provided hereunder relate to a service which,
under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to
CONSTRUCTION CONTRACT
PAoE 1 or 13
practice such services, CONTRACTOR shall employ and/or retain only qualified personnel to provide such
services.
1.4. CONTRACTOR agrees to employ and designate, in writing, within five (5) calendar days after
receiving its Notice to Proceed, an individual to serve as CONTRACTOR's project manager (hereinafter
referred to as the " Proiect Manager "). The Project Manager shall be authorized and responsible to act on
behalf of CONTRACTOR with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Contract.
1.5. CONTRACTOR has represented to DISTRICT that it has expertise in the type of services that will
be required for the Work. CONTRACTOR agrees that all services to be provided by CONTRACTOR
pursuant to this Contract shall be subject to DISTRICT's review and written approval and shall be in
accordance with the generally accepted standards of professional practice in the State of Florida, as well as
in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of
any governmental agencies which regulate or have jurisdiction over the Project or the services to be
provided and performed by CONTRACTOR hereunder. In the event of any conflicts in these requirements,
CONTRACTOR shall notify DISTRICT of such conflict in writing and utilize its best professional
judgment to advise DISTRICT regarding resolution of the conflict.
1.6. All permits necessary for the performance of the Work shall be procured and paid for by
CONTRACTOR. CONTRACTOR shall be solely responsible for the actions of all employees and
subcontractors it utilizes on the Project. All licenses necessary for CONTRACTOR'S performance of the
Work shall be procured, maintained, and paid for by CONTRACTOR. If CONTRACTOR performs any
Work without obtaining, or contrary to, such permits and licenses, CONTRACTOR shall bear all costs
arising therefrom. CONTRACTOR shall pay all governmental charges and inspection fees necessary for
the prosecution and completion of the Work. CONTRACTOR shall pay all sales, consumer, use and other
similar taxes associated with the Work or portions thereof, which are applicable during the performance of
the Work.
1.7. CONTRACTOR agrees to keep the Project site clean at all times and free of debris, rubbish and
waste materials arising out of the Work. At the completion of the Work scheduled for that period and at
the commencement of any period longer than one (1) week during which CONTRACTOR will not have
workers on site, CONTRACTOR shall remove all debris, rubbish and waste materials from and about the
Project site as well as all tools, appliances, construction equipment, machinery and surplus materials and
shall leave the Project site clean and ready for occupancy and use by DISTRICT.
Any existing surface or subsurface improvements, including but not limited to, pavements, curbs, cart paths,
sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated to be removed, repaired
or altered, shall be protected by CONTRACTOR from damage or staining during the prosecution of the
Work. Contractor shall not permit or allow the improper dumping or discharge of hazardous materials,
chemicals, or other materials, into any lake or drainage structure adjacent or near the Project site. All
existing surface or subsurface improvements damaged, stained, or improperly impacted by
CONTRACTOR or its subcontractors and/or materialmen shall be returned to their pre - existing condition
by CONTRACTOR at no cost to DISTRICT.
CONTRACTOR shall be responsible for any damage or staining to, and for maintenance and protection of,
existing utilities and associated structures.
1.8. CONTRACTOR agrees not to divulge, furnish or make available to any third person, firm or
organization, without DISTRICT's prior written consent, or unless incident to the proper performance of
CONTRACTOR's obligations hereunder, or in the course of judicial or legislative proceedings where such
CONSTRUCTION CONTRACT
PAGE 2 OF 13
information has been properly subpoenaed, any non - public information concerning the services to be
rendered by CONTRACTOR hereunder, and CONTRACTOR shall require all of its employees, agents,
suppliers, subconsultants, and subcontractors to comply with the provisions of this paragraph.
1.9. Except as otherwise provided herein, CONTRACTOR agrees not to disclose or use any information
not available to members of the general public and gained by reason of CONTRACTOR'S contractual
relationship with DISTRICT for the special gain or benefit of CONTRACTOR or for the special gain or
benefit of any other person or entity.
1.10. CONTRACTOR warrants to DISTRICT that all materials and equipment furnished under this
Contract will be of good quality and new, unless otherwise required or permitted by the Contract
Documents, and that the Work will conform to the requirements and specifications of the Contract
Documents. CONTRACTOR warrants and guarantees to DISTRICT all portions of the Project against
poor workmanship and faulty or defective materials for a period of twenty -four (24) months after final
payment hereunder and shall immediately correct any defects, which may appear during this period upon
notification by DISTRICT.
1.11 In connection with its services to DISTICT, CONTRACTOR agrees to fully comply with the
provisions of Section 119.0701, Florida Statutes pertaining to Florida's Public Records Law. Said
compliance will include CONTRACTOR taking appropriate and necessary steps to comply with the
provisions of Section I I9.0701(2)(a) {d), Florida Statutes.
ARTICLE TWO
DISTRICT'S RESPONSIBILITIES
2.1. DISTRICT has designated as the project
coordinator to act as DISTRICT's representative with respect to the services to be rendered under this
Contract (hereinafter referred to as the "Project Coordinator "). The Project Coordinator shall have
authority to transmit instructions, receive information, interpret and define DISTRICT's policies and
decisions with respect to CONTRACTOR's services for the Project. However, the Project Coordinator is
not authorized, without evidence of approval by DISTRICT's Board of Supervisors, to issue any verbal or
written orders or instructions to CONTRACTOR that would have the effect, or be interpreted to have the
effect, of modifying or changing in any way whatever:
(a) The scope of the Work to be provided and performed by CONTRACTOR hereunder;
(b) The time CONTRACTOR is obligated to commence and complete the Work; or
(c) The maximum amount of compensation DISTRICT is obligated or committed to pay
CONTRACTOR.
2.2. The Project Coordinator shall:
(a) Review and make appropriate recommendations on all requests submitted by
CONTRACTOR for payment for services and work provided and performed in accordance with this
Contract;
(b) Arrange for access to and make all provisions for CONTRACTOR to enter the Project site
to perform the services to be provided by CONTRACTOR under this Contract; and
CONS -RUC "11ON CON'I'RAC'I'
PAGE 3 OF 13
(c) Provide notice to CONTRACTOR of any deficiencies or defects discovered by DISTRICT
with respect to the services to be rendered by CONTRACTOR hereunder.
ARTICLE THREE
AMOUNT OF CONTRACT
3.1 The DISTRICT shall pay the CONTRACTOR in current United States funds for the
performance of the Work, subject to additions and deductions by change order as provided in the
Contract Documents, the not -to- exceed price of
THOUSAND DOLLARS ($ .00) (the "Contract
Price ").
ARTICLE FOUR
PROGRESS PAYMENTS/FINAL PAYMENTS
4.1 Progress Payments. CONTRACTOR may requisition payments for portions of the Work
completed at intervals of not more than once a month. CONTRACTOR'S requisition shall show a complete
breakdown of the Work, the quantities completed and the amount due, together with a certification by
CONTRACTOR that CONTRACTOR has disbursed to all subcontractors and suppliers their pro -rata
shares of the payment out of previous progress payments received by CONTRACTOR for all work
completed and materials furnished in the previous period or properly executed releases of liens by all
subcontractors, suppliers and materialmen who were included in CONTRACTOR'S previous applications
for payment, and any other supporting documentation as may be required by the Project Coordinator or the
Contract Documents. Each requisition shall be certified by CONTRACTOR and be submitted to the Project
Coordinator and Bridging Solutions, LLC, DISTRICT's engineer ( "District Engineer" ), in duplicate for
approval. DISTRICT shall approve or disapprove the requisition for payment within thirty (30) calendar
days of receipt by the Project Coordinator and the District Engineer of CONTRACTOR'S requisition for
payment. Should DISTRICT disapprove the requisition for payment, DISTRICT shall, in writing, inform
CONTRACTOR of the reasons therefore shall be stated with particularity within the referenced thirty (30)
calendar day period. If approved, DISTRICT shall make payment to CONTRACTOR within said thirty
(30) calendar day period.
4.2 Retainage. Ten percent (10 %) of all monies earned by CONTRACTOR shall be retained by
DISTRICT until the Work is completed and accepted by DISTRICT as provided herein except that after
fifty percent (50 %) of the Work has been completed to the satisfaction of DISTRICT and CONTRACTOR
is not otherwise in breach of any term or covenant contained herein, DISTRICT shall reduce the retainage
to five percent (5 0/6) of all monies earned. Notwithstanding the foregoing or anything contained herein to
the contrary, nothing herein shall prohibit DISTRICT from withholding, and DISTRICT shall not be
required to pay or release to CONTRACTOR, any amounts that are the subject of a good faith dispute or
otherwise the subject of a claim or demand by DISTRICT against CONTRACTOR.
4.3 Final Inspection/Final Application for Payment. Within thirty (30) days after DISTRICT's receipt
of written notice from CONTRACTOR that the Work is complete, DISTRICT shall make a final inspection
and will notify CONTRACTOR in writing of any Work which is not in accordance with the requirements
of the Contract Documents and describing what is required to render the Work complete, satisfactory, and
acceptable (the "Deficiency Notice "). Notwithstanding the foregoing, DISTRICT's failure to include any
corrective Work or pending items not yet completed in the Deficiency Notice shall not alter or reduce the
responsibility of CONTRACTOR to complete all the Work described herein. Not later than thirty (30) days
CONSTRUCTION CONTRACT
PAGE 4 OF 13
after DISTRICT's delivery to CONTRACTOR of the Deficiency Notice, CONTRACTOR shall correct,
complete, or remedy any and all Work noted in the Deficiency Notice. After CONTRACTOR has
completed all such corrections to the satisfaction of the Project Coordinator and the District Engineer and
delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of
inspection, marked up record documents and other documents required by the Contract Documents, the
Project Coordinator shall confirm promptly by written notice to CONTRACTOR that the Work has been
accepted by DISTRICT as of such date (the date of Acceptance). After the Project Coordinator has
indicated that the Work is acceptable, CONTRACTOR may then make application for final payment. The
final application for payment shall be accompanied by (1) complete and legally effective releases or waivers
of all construction liens arising out of or filed in connection with the Work; (2) waivers and releases
covering in full all labor, materials and equipment for which a lien could be filed; and (3) a final affidavit
stating that all laborers, materialmen, suppliers and subcontractors who worked for CONTRACTOR under
this Contract have been paid in full or if the fact be otherwise, identifying the name of each lienor who has
not been paid in full and the amount due or to become due each for labor, services or materials furnished.
For the avoidance of doubt, the process described in this Section 4.3 is intended to satisfy the requirements
set forth in Section 218.735(7), Florida Statutes.
4.4 Final Payment and Acceptance. If, on the basis of the District Engineer's and the Project
Coordinator's observation of the Work during construction and final inspection, and the District Engineer's
review of the final application for payment and accompanying documentation, the District Engineer and
the Project Coordinator are satisfied that the Work has been completed and CON'TRACTOR'S other
obligations under the Contract Documents have been fulfilled, the District Engineer will, within ten (10)
days after receipt of the final application for payment, indicate in writing the District Engineer's
recommendation of payment and present the application to the Project Coordinator for final approval and
payment. Otherwise, the Project Coordinator and/or the District Engineer will return the application to
CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case
CONTRACTOR shall make the necessary corrections and resubmit the application within (20) calendar
days after presentation to the Project Coordinator of the final application and accompanying documentation,
in appropriate form and substance, and with the District Engineer's recommendation and notice of
acceptability, the final payment constituting the entire unpaid balance of the Contract Price shall be paid by
DISTRICT to CONTRACTOR.
(a) The making of final payment shall constitute a waiver of claims by DISTRICT except those
arising from:
(1) Liens, claims, security interests or encumbrances arising out of this Contract
and unsettled.
(2) Faulty or defective work and latent defects discovered after acceptance.
(3) Failure of the work to comply with the requirements of the Contract Documents.
(4) Terms of special warranties required by the Contract Documents.
(5) Any of CONTRACTOR'S continuing obligations under this Contract.
(b) CONTRACTOR's acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against DISTRICT arising out of this
Contract or otherwise related to the Project, except those previously made in writing and identified by
CONTRACTOR as unsettled at the time of the final payment. Neither the acceptance of CONTRACTOR's
services nor payment by DISTRICT shall be deemed to be a waiver of any of DISTRICT's rights against
CONTRACTOR.
4.5 DISTRICT'S Right to Withhold Payment. Notwithstanding anything herein to the contrary,
DISTRICT may, upon written notice to CONTRACTOR, withhold in whole or in part, final payment or
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PAGE 5 OF 13
any progress payment to such extent as may be necessary to protect itself from loss on account of and of
the following:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating the probable filing of claims by other
parties against CONTRACTOR.
(c) Failure of CONTRACTOR to make payment to subcontractors or suppliers for materials
or labor.
(d) Damage to another contractor not remedied.
(e) Liability for liquidated damages has been incurred by CONTRACTOR.
(f) Reasonable evidence that the work will not be completed within the time set forth in
Section 6.1.
(g) Failure to carry out the work in accordance with the Contract Documents.
When the above grounds are removed or resolved or CONTRACTOR provides a surety bond satisfactory
to DISTRICT, which will protect DISTRICT in the amount withheld, payment may be made in whole or
in part.
4.6 Florida Prompt Payment Act. The above notwithstanding, except as otherwise provided, all
payments to CONTRACTOR shall be paid in accordance with the provisions of Part VII, Chapter 218,
Florida Statutes, as amended from time to time. Specifically, if a dispute between DISTRICT and
CONTRACTOR cannot be resolved pursuant to the applicable procedures set forth in Section 218.735,
Florida Statutes, the dispute shall be finally determined by the DISTRICT pursuant to internal dispute
resolution procedures adopted by the DISTRICT. DISTRICT and CONTRACTOR shall commence
dispute resolution proceedings within forty -five (45) days after the date the payment request or proper
invoice was received by the DISTRICT and concluded by final decision of the DISTRICT within sixty (60)
days after the date the payment request or proper invoice was received by the DISTRICT.
ARTICLE FIVE
CONTRACT DOCUMENTS
CONTRACTOR shall furnish all labor, equipment, and materials and perform the Work for the Contract
Price in strict accordance with the following documents, which documents shall collectively be known as
the "Contract Documents ":
5.1 Construction Contract- Heritage Bay Community Development District
5.1.1 CONTRACTOR's Bid Proposal (attached hereto and incorporated herein as Exhibit "A ")
5.1.2 Project Specifications
5.1.3 Certificate(s) of Insurance as required hereunder
ARTICLE SIX
TIME OF COMMENCEMENT AND FINAL COMPLETION
6.1 The Work to be performed by CONTRACTOR shall be commenced subsequent to the execution
of this Contract upon written Notice to Proceed from DISTRICT and shall be performed and completed by
. Time is of the essence with respect to the performance of this
Contract and DISTRICT will suffer financial loss if the Work is not completed within the times specified
in this Section, plus any extensions thereof allowed by change order.
CONSTRUCTION CONTRACT'
PAGE 6OF 13
ARTICLE SEVEN
INSURANCE
7.1. CONTRACTOR shall obtain and carry, at all times during its performance under the Contract
Documents at its sole cost and expense, the following insurance:
(a) Workers' Compensation insurance on behalf of all employees who are to provide a service
under this Contract, as required under applicable Florida law AND Employer's Liability
with limits of not less than $500,000 per employee per accident, $500,000 disease
aggregate, and $500,000 per employee per disease.
In the event CONTRACTOR has "leased" employees, CONTRACTOR or the employee
leasing company must provide evidence of a Minimum Premium Workers' Compensation
policy, along with a Waiver of Subrogation in favor of DISTRICT. All documentation
must be provided to DISTRICT at the address listed above.
No contractor or sub - contractor operating under a worker's compensation exemption shall
access or work on the site.
(b) Commercial General Liability insurance on comprehensive basis including but not limited
to bodily injury, property damage, contractual, products and completed operations, and
personal injury with limits of not less than $2,000,000.00 per occurrence and
$4,000,000.00 aggregate covering all work performed under this Contract.
(c) Contractual liability insurance covering all liability arising out of the terms of the Contract
Documents.
(d) Automobile liability insurance as required in the Request for Proposal for bodily injury and
property damage, including all vehicles owned, leased, hired and non -owned vehicles with
limits of not less than $1,000,000.00 combined single limit covering all work performed
under this Contract.
DISTRICT, its supervisors, officers, agents, employees and volunteers shall be named as non - contributory
additional insureds on all policies, with the exception of the Worker's Compensation policy, and each policy
shall be endorsed that such coverage shall be primary to any similar coverage carried by DISTRICT.
7.2 Certificates of insurance acceptable to DISTRICT shall be filed with DISTRICT prior to the
commencement of the Work. Said certificate shall clearly indicate type of insurance, amount and
classification in strict accordance with the foregoing requirements. These certificates shall contain a
provision that coverage afforded under CONTRACTOR's policies will not be cancelled until at least thirty
(30) days prior written notice has been given to DISTRICT by certified mail.
7.3 All insurance policies required of CONTRACTOR shall be issued by a company authorized to do
business under the laws of the State of Florida, with a minimum A.M. Best Rating of "A ".
7.4 The acceptance by DISTRICT of any Certificate of Insurance does not constitute approval or
agreement by DISTRICT that the insurance requirements have been satisfied or that the insurance policy
shown on the Certificate of Insurance is in compliance with the requirements of this Contract.
CONSTRUCTION CONTRACT
PAGE 7 OF 13
7.5 CONTRACTOR shall require each of its subcontractors to procure and maintain, until the
completion of the subcontractor's work, insurance of the types and to the limits specified in this Section
unless such insurance requirements for the subcontractor are expressly waived in writing by DISTRICT.
7.6 Should at any time CONTRACTOR not maintain the insurance coverages required herein,
DISTRICT may terminate this Contact or at its sole discretion shall have the right, but not the obligation,
to purchase such coverages and charge CONTRACTOR for such coverages purchased. DISTRICT shall
be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased
or the insurance company or companies used. The decision of DISTRICT to purchase such insurance
coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents.
7.7 If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of
the Work or termination of this Contract, CONTRACTOR shall furnish to DISTRICT renewal or
replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their
expiration. Failure of CONTRACTOR to provide DISTRICT with such renewal certificate(s) shall give
DISTRICT the unilateral right, but not the obligation, to terminate this Contract.
ARTICLE EIL:HT
MISCELLANEOUS PROVISIONS
8.1 Terms used in the Contract which are not defined herein shall have the meaning designated in the
Contract Documents.
8.2 DISTRICT and CONTRACTOR each binds itself, its successors, assigns and legal representatives
to the other party hereto, and such party's successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.
8.3 CONTRACTOR shall not assign or transfer this Contract or its rights, benefits, or obligations
without the prior written approval of DISTRICT. CONTRACTOR shall have the right to employ other
persons and/or firms to serve as subcontractors in connection with the requirements of the Contract
Documents.
8.4 CONTRACTOR in consideration of $10.00, the sufficiency and receipt of which is acknowledged
through the signing of this Contract shall, to the fullest extent permitted by Section 725.06, Florida Statutes,
protect, defend, indemnify and hold DISTRICT and its officers, employees and agents harmless from and
against any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses
or costs including, but not limited to, attorneys' fees, arising out of or resulting from performance of the
Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease
or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of
use resulting therefrom, but only to the extent caused by the negligent or intentional acts or omissions of
CONTRACTOR, a subcontractor, or anyone directly or indirectly employed by them but only as to that
portion of the claim, damage or loss that is not attributable to DISTRICT's negligent and/or willful acts or
omissions. The foregoing provisions of this paragraph to the contrary notwithstanding, CONTRACTOR's
liability to indemnify DISTRICT as set forth herein shall: (i) be limited to $2 million per occurrence, which
DISTRICT and CONTRACTOR agree is reasonable given the size of the Project and the amount of general
liability coverage maintained by CONTRACTOR, including umbrella coverage; (ii) be limited to the acts,
omissions or defaults of CONTRACTOR, any of CONTRACTOR's subcontractors, sub - subcontractors,
materialmen, or agents of any tier or their respective employees, or of DISTRICT, or DISTRICT's agents
or employees; provided, however, that such indemnification shall not include claims of, or damages
resulting from, gross negligence, or willful, wanton or intentional misconduct of DISTRICT, or
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PAGE 8 OF 13
DISTRICT's agents or employees, or for statutory violation or punitive damages, except and to the extent
the statutory violation or punitive damages are caused by or result from the acts or omissions of
CONTRACTOR or any of CONTRACTOR's subcontractors, sub- subcontractors, materialmen, or agents
of any tier or their respective employees. The preceding provisions have been added specifically to
memorialize DISTRICT and CONTRACTOR's intent that the provisions of this section shall be fully
enforceable in accordance with the provisions of Section 725.06, Florida Statutes.
CONTRACTOR shall and does hereby indemnify and hold harmless DISTRICT and anyone directly or
indirectly employed by it from and against all claims, suits, demands, damages, losses, and expenses
(including attorney's fees) arising out of any infringement of patent or copyrights held by others and shall
defend all such claims in connection with any alleged infringement of such rights.
8.5 Equal Opportunity: CONTRACTOR assures that no person shall be discriminated against on the
grounds of race, color, creed, national origin, handicap, age or sex, in any activity under this Contract.
8.6 E- Verification: As per the Immigration and Nationality Act of 1952 (1NA), Immigration Reform
and Control Act of 1986 (IRCA) and State of Florida Executive Order Number 11 -116, the
CONTRACTOR identified in this Contract shall utilize the U.S. Department of Homeland Security's E-
Verify system to verify employment eligibility of: all persons employed during the Contract term by the
CONTRACTOR to perform employment duties pursuant to the Contract, within Florida; and all persons,
including subcontractors, assigned by the CONTRACTOR to perform work pursuant to the Contract with
the DISTRICT. (hfp: / /www.uscis.gov /e- verify) Additionally, the CONTRACTOR shall include a
provision in all subcontracts that requires all subcontractors to utilize the U.S. Department of Homeland
Security's E- Verify system to verify employment eligibility of: all persons employed during the Contract
term by the CONTRACTOR to perform work or provide services pursuant to this Contract with the
DIS'T'RICT. It is understood that the DISTRICT will not be responsible for any violations of Federal law
and the CONTRACTOR, solely, will be responsible and liable for any violations and or penalties associated
with such violation.
8.7 Public Entity Crimes: In accordance with Section 287.133, Florida Statutes, a person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not
submit a proposal/bid on a contract/agreement with a public entity for the construction or repair of a public
building or public work, may not submit proposals/bids on leases or real property to a public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor, or consultant with any public
entity, and may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed
on the convicted vendor list. CONTRACTOR affirmatively represents that neither it or its owners,
subcontractor or sub - subcontractor are nor will be on the convicted vendor list during the term of this
Contract.
8.8 In any action or proceeding arising between the parties relating to the terms of this Contract, the
prevailing party shall be entitled to recover its reasonable attorney fees, expenses, and all court costs,
including fees and costs incurred through any appeal, from the non - prevailing party.
8.9 The headings of the Articles, Schedules, Parts and Attachments as contained in this Contract are
for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in
such Articles and any schedules or attachments.
8.10 This Contract, including the referenced exhibits attached hereto, constitutes the entire agreement
between the parties hereto and shall supersede, replace and nullify any and all prior agreements or
CONSTRUCTION CONTRACT
PAGE 9 OF 13
understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or
understanding shall have no force or effect whatever on this Contract.
ARTICLE NINE
DEFAULT/TERMINATION
9.1. CONTRACTOR shall be in default of its obligations under this Contract if (i) it fails to begin work
in compliance with the Contract, (ii) fails to properly and timely perform the Work as directed by the
engineer or as provided for in the approved Schedule of Work, (iii) performs the Work unsuitably or
neglects or refuses to remove materials or to correct or replace such work as may be rejected, (iv) suspends
Work for a period greater than five business days without the prior written consent of DISTRICT, (v) fails
to comply with any applicable codes, laws, ordinances, rules or regulations with respect to the work or (vi)
breaches any other provision of this Contract.
In the event of a default, DISTRICT shall provide written notice to CONTRACTOR stating the cause of
the default and the actions that CONTRACTOR must take to cure the default. If, after seven (7) days from
DISTRICT's delivery of notice, CONTRACTOR fails to cure the default, DISTRICT may terminate this
Contract and take possession of all or any portion of the work and any materials on -site, and complete all
or any portion of the work by whatever means, method, or agency DISTRICT may choose in its sole
discretion. Notwithstanding any termination of this Contract by DISTRICT, the liability of
CONTRACTOR shall extend to and include the full amount of any and all sums paid, expenses and losses
incurred, damages sustained and obligations assumed by DISTRICT acting in good faith under the belief
that such were necessary or required in completing the work and in settlement, discharge or compromise of
any claims, demands, suits and judgments pertaining to or arising out of the work.
9.2. If, after notice of termination of this Contract as provided for in paragraph 9.1 above, it is judicially
determined that CONTRACTOR was not in default, or that its default was excusable, or that DISTRICT
otherwise was not entitled to the remedy against CONTRACTOR provided for in paragraph 9.1, then the
notice of termination given pursuant to paragraph 9.1 shall be deemed to be the notice of termination
provided for in paragraph 9.3 below and CONTRACTOR's remedies against DISTRICT shall be the same
as and limited to those afforded CONTRACTOR under paragraph 9.3 below.
9.3. DISTRICT shall have the right to terminate this Contract without cause upon fifteen (15) calendar
days' written notice to CONTRACTOR. In the event of such termination for convenience,
CONTRACTOR's recovery against DISTRICT shall be limited to that portion of the Contract Price earned
through the date of termination, together with any retainage withheld, if any, and any actual costs reasonably
incurred by CONTRACTOR that are directly attributable to the termination, but CONTRACTOR shall not
be entitled to any other or further recovery against DISTRICT, including, but not limited to, anticipated
fees or profits on work not performed.
ARTICLE TEN
CONFLICT OF INTEREST
10.1. CONTRACTOR represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of services required hereunder.
CONTRACTOR further represents that no persons having any such interest shall be employed to perform
those services.
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ARTICLE ELEVEN
MODIFICATION
11.1. No modification or change in this Contract shall be valid or binding upon the parties unless in
writing and executed by the party or parties intended to be bound by it.
ARTICLE TWELVE
NOTICES AND ADDRESS OF RECORD
12.1. All notices required or made pursuant to this Contract to be given by CONTRACTOR to
DISTRICT shall be in writing and shall sent by overnight courier, hand delivery or be delivered by United
States Postal Service Department, first class mail service, postage prepaid, return receipt requested,
addressed to the following address:
Heritage Bay Community Development District
c/o District Manager
Severn Trent Services
5911 Country Lakes Drive
Ft. Myers, FL 33905
12.2. All notices required or made pursuant to this Contract to be given by DISTRICT to
CONTRACTOR shall sent by overnight courier, hand delivery or be delivered by United States Postal
Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the
following address:
TBD Entity, Inc.
12.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE THIRTEEN
APPLICABLE LAW
13.1. Unless otherwise specified, this Contract shall be governed by the laws, rules, and regulations of
the State of Florida, and by the laws, rules and regulations of the United States when providing services
funded by the United States government. Any suit or action brought by either party to this Contract against
the other party relating to or arising out of this Contract must be brought exclusively in the appropriate
Florida state court in Collier County, Florida, and in no other venue or forum.
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CONSTRUCTION CONTRACT
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EXHIBIT `°A"
CONTRACTOR'S Bid Proposal
CONSTRUCTION CONTRACT
PAGE 13 OF 13
Copeland Southern Enterprises, Inc.
PROFESSIONAL SERVICES AGREEMENT BETWEEN
COPELAND SOUTHERN ENTERPRISES, INC. AND
Heritage Bay Community Development District in Naples
I OWNER INFORMATION:
I BILL TO THE ATTENTION OF: Justin Faircloth, Assistant District Manager
PROJECT NAME: Lake # 15 Drainage installation on 10024 Escambia Bay Ct
Naples, FL 34120
WORK DESCRIPTION: Install 3 x 12" bubblers and 6 "ADS double wall drain pipes
From Gutters out around South end of Geo Tube, on the South 2 Houses.
REMARKS: 1) Permits to be pulled by owners or Engineer if needed. 2) All Sprinkler
heads and lines within the last 3 lots must be clearly marked before construction begins 3)
Yards will be restored after Drainage system has been installed. 4) 6" ADS Drainage
system will be run around the south end of the Lakes Geo Tubes, instead of Jack and
Boring underneath the Tubes, to keep from damaging or weakening the integrity of the
Lakes Geo Tube System. 5) The preliminary Elevations that were shot on this project area
shows that the Sod and Mulch on the last 3 Homes was 2" to 4" over the existing Lanais,
causing water to back uu on tool decks during times of rain
DATE: 08/24/2015
OWNER INFORMATION:
TELEPHONE NO.. (239) 245 -7118 / 306
Fax No: (239) 245 -7120
E -MAIL: Justin .Faireloth(@,,stservices.com,
PROJECT MANAGER: Scott Copeland
FEE AND TYPE:
Time & Materials based upon the Rate Schedule in
effect at the time service is rendered. Estimated Fees:
Nat -To- Exceed Fixed Fee based upon the Rate
Schedule in effect at the time service is rendered:
$
Lump Sum Fixed Fee: $ 7,775.00
Total Fees: $ 7,775.00
Dear Justin Faircloth
In Pursuant to your request, Copeland Southern Enterprises, Inc. is pleased to submit the following proposal for Lake #15 Drainage installation project
for the above - referenced project:
SCOPE OF SERVICES (Limited to the following):
I . Crews 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 "x12" Bubblers at the center of both Lot lines.
3. Crews will install and connect 4" ADS gutter pipes to both houses and connect to the newly installed 6" trunk line.
4. 6" ADS double wall pipes will be installed from bubbler out into and below the Lake control line low water mark.
5. Trenches and Lawns will be restored to original condition once the new drainage system has been installed.
6. Work is estimated to take 7 Days to complete.
7. MOT will be removed after project has been completed and 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:
Typed Name & Title:
Date:
Agenda Package 30
D1st11Ct Agenda Package 18
Sevem Trent Management Services
5911 Country Lakes Drive • Fort Myers, Florida 33905
Telephone: (239) 245 -7118 • Fax: (239) 245 -7120
June 22, 2015
Theodore & Victoria Skopak
11 Beehman Hill Rd.
Essex Fells, NJ 07021 -1803
Kevin & Mary Johnsrud
4565 Forestview Ln.
Ninneapolis, MN 55442 -2402
Dear Owners,
The Heritage Bay COD has had two contractors look at the area between the homes of 10024 &
10028 Escambia Bay Ct. The elevations which the prospective contractors shot revealed that the
sod and mulch elevations at the rear of the homes are higher than the actual level of the lanai
pavers and enclosure in some places by as much as 2" to 4" which is not allowing the water to
drain properly to the retention pond. As a result, water is trapped on the lanais. It is the
responsibility of property owners to ensure water drains from their property to the storm water
system. The COD is responsible for ensuring that the storm water system is functioning properly
and can withstand the water it receives. Therefore, the issue in this instance would be a home
owner issue and not one of the COD.
Enclosed in this letter are the proposals the contractors provided as potential solutions to this
problem. The COD would suggest moving forward with the Copeland Southern proposal at a
cost of $5,775.00 and should be divided between the two homeowners. Copeland Southern
recently completed a project for the COD off of Biscayne Ln. on lake 26. The issue on lake 26 was
erosion to the lake bank due to run off draining from the homes rather than ponding of excess
water. Though the source of the problem varies between these two instances, the solution is
fairly similar. It is recommended that downspouts be connected to drain pipes and a series of
bubblers that will transfer water directly into the lake. The COD has been very pleased with the
work that Copeland Southern performed, and their proposal is in fact the lower proposal of the
two received.
If both homeowners are in agreement and wish to move forward with this project, the COD
would agree to oversee this work. In order for work to commence, payment made out Heritage
Bay COD and signed approvals from each homeowner authorizing work to take place on their
property will need to be received. If you have any questions regarding this matter, please feel
free to contact me.
Sincerely,
Cal Teague
District Manager
7/31/2015
Ted & Vicky Skopak
10024 Escambia B
Kevin & Mary lohnsrud
10025 Escambia Bay Lane
Heritage Bay Community Development District
Severn Trent Management Services
5911 Country Lake Drive
Fort Meyers, Fl 33905
Reference: Letter to Addressees dated 22 June 2015 from Cal Teague
Dear Mr, Teague
We appreciate your reference letter and the effort to look into the drainage situation behind our
respective homes and securing the quotations from prospective contractors to remedlate the
situation.
While we understand that the grading of the property from the original builder, Lennar, was not
adequate to optimally drain the water into the retention system, the situation since the COD
Initiated their embankment remediation project has worsened the situation. Prior to the project on
the lake behind our homes, we would experience wet side and rear yards after a decent rainfall and
the situation would abate in a day or so. After the embankment remediation project, the water
situation has dramatically worsened our water issue and now our lanais will flood with a heavy
downpour. We did not experience this situation before your project. As you are aware, the
embankment remediation project at our lake did not institute water runoff and methods to divert or
handle the runoff, it addressed only preservation of the embankment by installing two large sand
filled tubes which in essence created a dam affect for the water runoff from our properties and
exacerbated the already poor drainage Issue. In fact, the embankment area directly behind our home
AFTER the remediation severely eroded and had to be reinforced with a cement mesh and that still is
subject to erosion. This clearly indicates that the water pressure is building up behind the installed
sand filled tubes and ultimately finds the weakest point at the embankment.
We do not believe that the charter of the COD as you stated in your letter... "ensuring that the storm
water system Is functioning properly and can withstand the water it receives" means that you can
institute remediation that harms a homeowners property without due consideration to the
homeowner(s). Please remember, we the homeowner, pay into this CDD and are the reason for the
creation of this entity.
While we acknowledge that the original builder, Lennar, did not do their job properly, we also
believe that the CDD must provide some consideration to the homeowner(s) for the situation we are
currently experiencing behind our homes. In this regard, the above property owners are will to
negotiate a reasonable resolution to this matter. We have reviewed the proposed work plan from
(Type text]
both contractors and agree that Copeland Southern Enterprises is the best selection. However, in
review of the work scope and pictorial provided, the work must connect the two rear downspouts
from both properties in order to ensure that the water situation is fully controlled.
If the COD is able to address the work, as quoted and modified as stated above, at the currently
quoted price of $5,775 from Copeland Southern Enterprises, we propose that each party, Skopak,
lohnsrud and the COD, equally share the cost to remediate and correct this situation with your
vigilant oversight. This would equate to $1,925 for each party. We would appreciate and respectfully
request that the COD obtain an updated quote from Copeland Southern Enterprises that addresses
the full work scope and review our proposed solution to this long outstanding issue.
We believe this would be the fairest solution for all involved while minimizing the overall cost to
each party. We would appreciate your review and evaluation of our recommendation and timely
response.
Sincerely,
Ted and Vicky Skopak
21 Beekman Hill Road
Essex Fells, NI 07021
Kevin and Marylohnsrud
4585 Forestview Lane
Plymouth, MN 55442
(Type text]
Copeland Southern Enterprises, Inc.
PROFESSIONAL SERVICES AGREEMENT BETWEEN
COPELAND SOUTHERN ENTERPRISES, INC. AND
Heritage Bay Community Development District in Naples
I OWNER INFORMATION: I
Bay Blvd, Naples,
BILL TO THE ATTENTION OF; Justin Faircloth, Assistant District Manager
PROJECT NAME: Lake #15 Drainage installation on 10024 Escambia Bay Ct
Naples, FL 34120
WORK DESCRIPTION: Install 3 x 12" bubblers and 6 "ADS double wall drain pipes
REMARKS: 1) Permits to be pulled by owners or Engineer if needed 2) All Sprinkler
heads and lines within the last 3 lots must he clearly marked before construction begins 3)
Yards will be restored after Drainage system has been installed. 4) 6" ADS Drainage
system will be run around the south end of the Lakes Geo Tubes, instead of Jack and
Boring underneath the Tubes, to keep from damaging or weakening the integrity of the
Lakes Geo Tube System. 5) The preliminary Elevations that were shot on this project area
shows that the Sad and Mulch on the last 3 Homes was 2" to 4" over the existing Lanais,
DATE: 06105/2015
OWNER INFORMATION:
TELEPHONE NO.: (239) 245 -7119 / 306
Fax No: (239) 245 -7120
E -MAIL: Justin, FairclothGu stservices.corn.
PROJECT MANAGER: Scott Copeland
FEE AND TYPE:
Time & Materials based upon the Rate Schedule in
effect at the time service is rendered. Estimated Fees:
S
Not -To- Exceed Fixed Fee based upon the Rate
Schedule in effect at the time service is rendered:
3
Lump Sum Fixed Fee: S 5.775.00
Total Fees: 5 5.775.00
Dear Justin Faircloth
In Pursuant to your request, Copeland Southem Enterprises, Inc. is pleased to submit the following proposal for Lake #15 Drainage installation project
for the above - referenced project:
SCOPE OF SERVICES (Limited to the following):
Crews will set up MOT around work areas to insure the safety of the residents and guests during the project.
CSEI will install 3 new 12 "x12" Bubblers at the center of both Lot lines.
Crews will install and connect 4" ADS gutter pipes to both houses and connect to the newly installed 6" trunk line.
6" ADS double wall pipes will be installed from bubbler out into and below the Lake control line low water mark.
Trenches and Lawns will be restored to original condition once the new drainage system has been installed.
Work is estimated to take I week to complete.
MOT will be removed after project has been completed and 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 ouroffice by Fax or Entail. 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: 1 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:
Typed Name & Title:
Date:
Southwest Development Services , inc.
690 23"' St NW
Naples, FL 34120
(239) 470 -5522
To:
HERITAGE BAY
10024 ESCAMBIA BAY CT. NAPLES
PROPOSAL
Date
Proposal
6 -16 -15
2143
Project
Description
Amount
RE: YARD DRAINAGE ISSUES. (NORTH SIDE OF 10024)
- MANUALLY DIG A TRENCH BETWEEN THE HOUSES IN
$8,950.00
ORDER TO INSTALL ONE ADS CATCH BASIN ALONG WITH
A PERFERATED A.D.S. PIPE, THE TRENCH WILL BE FILLED
WITH #57 STONE AND WRAPED WITH HEAVY GRADE
FILTER FABRIC CLOTH, TIE IN THE N.W. CORNER OF 10024
AND REAR SIDE AND POOL DOWN SPOUTS OF BOTH
HOUSES. RUN THE PIPE AROUND THE NORTHERLY EDGE
OF THE LAKE CONCRETE MAT AND UNDER THE TUBE, END
OF PIPE TO BE WEIGHTED DOWN AND 10' FROM WATERS
EDGE. REPLACE SOD AND DISPOSE OF FILL.
- REPAIR THE WASH OUTS AT BOTH END OF THE LAKE MAT
$3,200.00
WITH FILTER FABRIC AND RIP /RAP.
NOTE: THE CATCH BASIN WILL BE INSTALLED ABOUT Y: WAY BETWEEN
THE HOUSES. FOR THE MOST PART THE ROCK TRENCH BETWEEN THE
HOUSES WILL ACT LIKE A CATCH BASIN OBSORBING THE WATER, SEAPING
INTO THE PIPE AND DRAINING INTO THE LAKE. THE FABRIC WILL ACT LIKE
A FILTER KEEPING THE TREACH FROM BEING CONTAMINATED WITH DIRT.
Thank You.
Total $12,150.00
___ ........
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Heritage Bay Community Development District
Severn Trent Management Services
5911 Country Lakes Drive • Fort Myers, Florida 33905
Telephone: (239) 245 -7118 • Fax: (239) 245.7120
August 6, 2015
Quarry Community Development District
C/o Special District Services
Attn: Kathleen Dailey
27499 Riverview Center Blvd. Unit 253
Bonita Springs, FL 34134
Heritage Bay Umbrella Association
Attn: Scott Brooks
24311 Walden Center Drive, Suite #300
Bonita Springs, FL 34134
Dear Ms. Dailey & Mr. Brooks,
The Heritage Bay CDD wishes to notify you that in May of this year a buoy was installed on lake 30A as a marker to
warn boaters about a large rock near the southwestern corner of the lake. Depending on water fluctuations, this
rock is above or slightly below the water's surface and could possibly pose a threat to those utilizing the lake. The
cost associated with having this buoy installed was approximately $500.00.
As you are aware, Heritage Bay residents do not have access to these lakes, however, the Quarry residents do. It is
the opinion of the Board that this was really a cost that the Quarry should have incurred since installing this marker
is not something the Heritage Bay CDD would have done if there was not boating on the lake by Quarry residents.
Marking the rock was a benefit to Heritage Bay only in that it reduces liability for its residents. At this time we wish
to inform you of this action, and if you have any questions regarding this matter please feel free to contact me.
For your information, at the beginning of 2016 we anticipate beginning a major rock wall project along the Heritage
Say Blvd. bridge that intersects lakes 30A and 30B. There will be reduced availability of this area during
construction.
Additionally, concern has been voiced about the speed of boaters traveling through this area and we ask that you
notify your residents that this is a no wake zone. We would further request that the two existing buoys located at
the entrance of the bridge area be clearly marked "no wake zone ". Your attention to this matter will be greatly
appreciated.
Sincerely, _
Cal Teague v
A •
Heritage Bay CDD Board,
We thank you for the opportunity to provide Bathymetric Mapping and Soil Sampling to you. We have
utilized this tool in properties to help determine the overall health of the ponds and be able to get a long term
plan in place to keep from lakes and ponds to be dredged in the future. The soil sampling will help determine
what type of sediment is on the bottom and what methods are best to reduce it, which will in turn help the
aquatic weed and algae control.
It is good to get a baseline standard then depending on the severity remap every year to 2 years. Once
mapping is done we will provide any follow -up recommendations based up on findings of the mapping and
soil samples.
BATHYMETRIC MAPPING
How do you really know the volume and surface area of your lake or pond? Thanks to modern technology
we can now obtain a much more detailed and accurate 3- dimensional view of your lake or pond.
Homeowner's Associations, Golf Courses, and Community Development Districts can all benefit from
protecting their property's valuable aquatic resources with Bathymetric and 3 -D mapping.
How CAN BATHYMETRIC MAPPING HELP YOU?
BOTTOM SEDIMENTATION MONITORING
Over time, muck accumulates in the bottom of ponds and lakes thereby reducing water storage capacity.
This can cause:
• The likelihood of local flooding.
• Water quality discharge violations which could incur fines from Local and State government entities.
• Insufficient water volume for landscape irrigation purposes.
Annually identifying where muck accumulation problems exist can help determine the best and least costly
treatment necessary minimizing expensive widespread bottom dredging is required.
AQUATIC WEED & ALGAE CONTROL
Bathymetric mapping allows for cost savings in aquatic weed and algae control. Due to the harsh weather
conditions in Florida, often lakes are invaded by aquatic weeds and algae to the point in which expensive
removal is required to save property values. The mapping provides average depth, shoreline perimeter,
bottom slope dimensions allowing for an expedited effective treatment. Giving faster results initially and
allowing for proactive treatments, depending on density, the mapping can show submerged vegetation
growth locations within even the deeper parts of water body.
Over the past year we have been developing this most advanced lake mapping system. We will provide this
information to you in digital form as well and printed form, and will educate you on how to make proper
treatment options as well as potentially catch storm water issues that may cause flooding.
We look forward for the opportunity to work with you.
Bryan Hale
Branch Mangager
Aquagenix — Fort Myers
A q u a g e n i x
Bathymetric Stormwater Pond
Mapping with Sediment Maps
Pricing Created Excluslvely for Heritage Bay
waterway Number
Surface Coverage (Acres)
Perimeter (Linear Feet)
If Of Soil Samples to be
Coll ected
Like 1
3.69
1,3is.66
2
Lake 2
3.05
1,758.00
2
Lake 3
1.34
712.0D
1
Lake 4
9.68
5,544.00
2
Lake
7.23
4105.00
2
Lake 6
9.84
51908,00
3
Lake 7
7.35
1,423.00
2
Lake 8
3.71
1,835.00
2
Law 9
2.49
1-35I.00
2
Lake 10
6.23
3,400.00
2
Lake 11
1.72
021.00
Lake 12
1.12
690.00
1.64
640.00
Lake 14
1.88
I,15I.00
Lake tS
1.56
925.00--
Lake 16
1.86
938.00
1
Lake U
2.12
Lake IS
1.92
1048.00
2
Lake
19M
2
Lake 20
38.65
7.671.00
3
Like 21
1.15
740.00-
1
Lake 22
1
628.00
1
Lake 23
2.55
2,06
Lake 24
2.35
1,087.00
2
Lake 2i--
1.08,
523.00
Lake 26
2.11
1,219.00
2
Lake 27
2-02
igsf.00
Lake 28
0.78
547.00
Lake 29
1.62 ,
r. '. . ,"S.00
41149016�i-��
139.35
55,056.00
1:Z1,
47
- 40449=.
Bat 0064vwth
SeaWent maps $22,328.00
Soil-SampWs $11,750.00
Total $34,078.00
q u a g e n x
A 1) 8 1 S E R V 1 C �. S C O Ni P .A N 7
'VA,'VAGING YOUR ENVIRONMENTAL VFr05
Special Service Agreement
Heritage Bay Community Development District
C/O Severn Trent Management Services
5911 Country Lakes Drive
Fort Myers, FL 33905
Contact: Calvin Teaque Phone: (239) 245 -7118
Proposal ID Date Terms
83573 8/17/2015 Balance Due 30 Days After Completion Of Work
Quantity Description Taxable Unit Price Extended Price
1 Revenue needed for bathymetric mapping in 29 lakes Total Area No $22,328.00 $22,328.00
139.35 Acres ( see attachment) includes lake depths and sediment
accumulations in each lake. Complete color maps will be provided
for each lake. Owner to provide boat access to each lake.
1 .Revenue needed for soil core sampling in 29 lakes Total area No $11,750.00 $11,750.00
139.35 acres. (See Attachment for Quantity of samples from each
lake) Total 47 soil core samples.
Analysis includes: PH, Phosphorus, Nitrogen, Calcium, Magnesium,
Copper, % of Organic Matter, % of Solids_
AQUAGENIX
PRINT NAME
DATE
SubTotal $34,078.00
Tax
Grand Total
This offer is good for twenty one (21) days from date of quote.
DO NOT PAY FROM THIS AGREEMENT - INVOICE TO FOLLOW
CUSTOMER
PRINT NAME
DATE
BRANCH OFFICE
14250 Jetport Loop West, Fort Myers, FL 33913 -7712 USA I T+ 1239 5611420 1 F + 1 239 5612883 w +ies, 1 �E rah: ^npw;3 <. a �tic;.Co
A q u a
Bathymetric Stormwater Pond
Mapping with Sediment Maps
Pricing Created ExclUsively for'Herit age, Say COD
Waterway Number
Surface Coverage (Acres)
Perimeter (Linear Feet)
# Of Soil Samples to be
Collected
Lake 30A
91.77
7,930.00
A
Lake 30B
96.76
9,926.00
6
188.53
17,856 .00
$28,050.00
W1.0"Ont Maps ,
Soil Samples
$3,000.00
Total
$32,050.00
A q u a g e n 1
A 0 9 1 S F R V I C F S C 0 AA P A N Y
AWAVAGING YOUR ENVIRONMENYAL NEF_OS
Special Service Agreement
Heritage Bay Community Development District
CIO Severn Trent Management Services
5911 Country Lakes Drive
Fort Myers, FL 33905
Contact: Calvin Teaque Phone: (239) 245 -7118
ProposaiID Date Terms
83578 8/17/2015 Balance Due 30 Days After Completion Of Work
Quantity Description Taxable Unit Price Extended Price
1 Revenue needed for bathymetric mapping in 2 large lakes (30A & No $28,050.00 $28,050.00
308) See Attachment —188 Acre Total Area. Includes lake depths
and sediment accumulations in each lake. Complete color maps will
be provided for each lake.
Owner to provide boat access to each lake.
1 Revenue needed for Soil core sampling in 2 lakes 30A and 306 No $3,000.00 $3,000.00
(See Attachment). Includes 6 soil core samples for each lake, Total
12 samples.
Analysis includes: PH, Phosphorus, Nitrogen, Calcium, Magnesium,
Copper, % of Organic Matter, % of Solids.
SubTotal $31,050.00
Tax
Grand Total
This offer is good for twenty one (21) days from date of quote.
DO NOT PAY FROM THIS AGREEMENT - INVOICE TO FOLLOW
AQUAGENIX
PRINT NAME
DATE
BRANCH OFFICE
14250 Jetport Loop West, Fort Myers, FL 33913 -7712 USA I T + 1 239 5611420 1 F+ 1 239 5612883
CUSTOMER
PRINT NAME
DATE
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Lake Bank Restoration Projects
Southwest Development
• Proposal #2100 $9,950.00 (Lakes ## 6, 19, 22, 23, 30A, 3013)
• Proposal #2101 $1,500.00 (Lake #5)
o Change order $500.00 — discovery of buried drain tube on lake #5
• Proposal #2138 $8,400.00 (Lakes #20 & 27) — Approved @ 5/7/15 BOS Meeting
o Change order -$200 (SW Development agreed to $8,200)
Total $20,150.00
Payments to Southwest Development
• Invoice 2131 -1 $11,950.00— Submitted for payment on 5/13/15
• Invoice 2138 -1 $8,200.00 — Submitted for payment on 5/15/15
Total Remaining $0.00
Landshore
• Estimate #3062 $3,035.00 (Lake 10 9. 20) Approved at 4/2015 BOS Meeting, but not executed, authority granted
on 5/7/15
• Estimate #3074 $650.00 -Approved at 5/7/2015 BOS Meeting
Total $3,685.00
Payments to Landshore
• Invoice #490 $758.75 — 25% booking fee for Estimate #3062
• Invoice #491 $325.00 — 50% deposit for Estimate #3074
• Invoice #884 $1,062.25 — 35% commencement fee for Estimate #3062 — 6/10/15
• Invoice #886 $910.50 —final payment minus 10% retainage
• Invoice #887 $260.00 — final payment minus 10% retainage
Total Remaining $368.50
Copeland Southern
• $15,375.00 (Lake 26) — Approved at 5/7/2015 BOS Meeting
o Change order $- 200.00 — omitting one catch basin and connecting drain lines
• $3,375.00 (Lake 5) — Approved at 7/9/15 BOS Meeting
0 Change order $150.00 — cutting 18" CMP from the bank of lake 19
Total $18,700.00
Payments to Copeland Southern
• Invoice #556 $15,175.00 — received 6/8/15
• Invoice #578 $3,525.00 —received 7/17/15
Total Remaining $0.00
Buttonwood Landscape — 6/10/15 Invoice #6325 $437.62 — for irrigation repairs on lake 26
M.R.I. Underwater Specialists, Inc.
• Estimate for inter - connect cleanout lake 12/20 - $2,400.00 approved 7/9/15
Total $2,400.00
Payments to M.R.I
• Invoice 4294 $2,400.00 — 7/23/15
Total Remaining $0.00
Billed to date: $45,372.62 Paid to date: $45,004.12 Amount remaining: $368.50
Bridge Wall Proiect
Artistic Structures
• Estimate for temporary wall repairs at the Heritage Bay Blvd. Bridge - $900.00 approved 2/6/15
Total $900.00
Payments to Artistic Structures
• Invoice 422415 $900.00 — 2/26/15
Total Remaining $0.00
Bridging Solutions
• Proposal for Stone Landscape Wall Replacement Study Report $9,900.00
o Change order - $3,600.00 — Prepare concept plans & a rendering of an additional design alternative 3/6/15
• Proposal for Final Design & Wall Replacement - $27,850.00
Total $41,350.00
Payments to Bridging Solutions
• Invoice 41 $9,900.00 — 12/29/14 — for wall replacement Study Report
• Invoice #3 $3,600.00 — 3/25/15 — for additional design alternative
• Invoice 44 $6,962.50 — 5/22/15 — for 25% completion of final Design & Wall Replacement
• Invoice 45 $8,355.00 — 7/13/15 — for additional 30% completion of Final Design & Wall Replacement
• Invoice #6 $5,570.00 — 8/18/15 —for additional 20% completion of Final Design & Wall Replacement
Total Remaining $6,962.50
Stanteo+
• RroOo*f;oPTopograp)1ia.Sur ey - $5,100.00 ($2,600.00 survey & $2,500.00 engineering services)
o Change order - $324.00 — prepare erosion control plan /coordination with SFWMD
Total $5,424.00
Payments to Stantec
• Invoice #912721 $2,600.00 - 5/26/15— survey work
• Invoice #934521 $375.00 — 7/27/15 — 58% complete
• Invoice 4953916 $324.00- 9/18/15— Erosion control plan /coordination with SFWMD
Total Remaining $2,125.00
Billed to date: $38,586.50 Paid to date: $38,586.50 Amount remaining $9 087 5
Littoral Planting Protect
Lake and Wetland Management
• Littoral Planting Proposal - $30,044.50 approved 5/2014
o Change order - $1,236.25 Increase after review of the project — approved 3/5/15
Total $31,280.75
Payments to Lake and Wetland Management
• Invoice 433417. $15,022.25-9/15/14
• Invoice #40278 $12,415.00 - 4/27/15 —Changes made in the field, full second portion was not installed
Total Remaining $0.00
Billed to date: $27,437.25 ($12,415.00 in 2015) Paid to date: $27,437.25 Amount remaining: $0.00
FY 2015 Projects Billed: $96,374.12 FY 2015 Projects Paid: $96,005.62 FY 2015 Project Amounts Remaining: $9,456.00
STATE MLNT OF QUALIF - I
Submitted to: flwitdge, BaV('
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Agenda Package 49
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Agenda Package 49
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Agenda Package 50
HOLE MONTES
September 11, 2015
Hole Montes, Inc.
950 Encore Way
Naples, Florida 34110
Heritage Bay Community Development District
5911 Country Lakes Drive
Fort Myers, Florida 33905
Attention: Calvin Teague, District Manager
RE: Request for Qualifications - District Engineer
Dear Mr. Teague, Selection Committee, and Board of Directors:
Hole Montes, Inc., is pleased to submit this statement of qualifications for your consideration and affirms that the
firm can meet the technical requirements outlined in the District's RFQ. Hole Montes is a local, multi - disciplined
engineering firm that has considerable experience acting as Engineer of Record (EOR) for Chapter 190 Districts,
Currently, the firm provides Community Development District services for
• Fiddler's Creek #1 and #2 CDDs (Naples, Florida)
• Lely Community Development District (Naples, Florida)
• Port of the Islands CID (Naples, Florida)
• Hacienda Lakes CDD (Naples, Florida)
• Naples Reserve CDD (Naples, Florida)
• Miromar Lakes CDD (South Fort Myers, Florida)
• Miromar Lakes South CDD (South Fort Myers, Florida)
• University Square CDD (South Fort Myers, Florida)
• River Ridge CDD (Fort Myers, Florida)
• South Bay CDD (Ruskin, Florida)
• River Hall CDD (Fort Myers, Florida)
Since 1966, our strategic advantage has been to staff our firm with experienced professionals who our clients can
trust to get their projects completed effectively, efficiently, and economically. This standard has allowed us to
develop successful projects and repeat clientele, both private and public.
We have carefully reviewed the Request for Qualifications and are confident that our background and experience
qualify us to continue to successfully deliver the necessary services to Heritage Bay CDD for the task assignments
that may be associated with this contract. We are familiar with this project, and we have significant experience
both in designing large master planned, mixed —use communities and serving as the district engineer for larger
master planned communities.
Hole Montes is quite familiar with the needs a Chapter 190, Florida Statutes Community Development District may
require of the FOR and have experience in providing:
• Preparation of annual bond reports, environmental monitoring data, and /or water use data
• Expert attendance at meetings of the District's Board of Supervisors related to various FOR duties
• Expert advice in waterway management including lakes, wetlands and preserves
• Assistance in annual Capital Improvement Planning
• Any GIS/ ACAD services related to mapping or inventory graphics;
• Assistance with water quality testing, monitoring and /or NPDES reporting
• Roadway/ common area landscape design
• Street lighting design and operation guidelines
• Streetscape and hardscape design
• Recreational facility planning and design
• Construction bidding, inspection and contract administration
Agenda Package 51
191"
MOLE MONTES
RE: Request for Qualifications from Professional Engineering firms, page 2
Hole Montes is uniquely qualified to serve as the District's Engineer. During all of our experiences in assisting with
the management of CDD's, we understand and seek to uphold the principle objectives of both the developer (in
the initial stages of development) and ultimately, the citizens of the District: to be able to enjoy safe streets and
bicycle /pedestrian ways; to have adequate utility services, to take pleasure in the aesthetics of the community's
investment in landscape and hardscape features; to provide healthy water management systems; to benefit from
the beauty of pristine wetlands; and be proud of the recreational uses within their community. Delivering all these
elements and provide a highly attractive, marketable community with exceptional value is our goal. Hole Montes
has staff to provide the District Engineering function to uphold these objectives by professionals experienced in
traffic calming /transportation design, utilities, water management, wetland management and park design.
I will serve as the principal contact for the firm and have included other key staff professionals who may be in a
supervisory role for various duties for the completion of general CDD services. However, Hole Montes has a large,
local staff to provide support for a wide array of projects — and we will use our available staff in the most
economical way to complete the projects, whatever they may be.
We appreciate this opportunity to submit our qualifications and we look forward to continue to serve the CDD.
Very truly yours,
Hole Montes, Inc.
W. Terry Cole, P.E.
Vice President/ Shareholder
239.254 -2000
239.254 -2099 fax
TerryCole @HMEng.com
RFSU Sg o&Jk By STAFF
W. Terry Cole, P.E.
Vice President/ Shareholder
Mr. Cole has experience as Project Engineer and Project
Manager on both civilian and military engineering projects.
He has been involved in planning, designing, permitting and
construction on a wide variety of facilities.
At Hole Montes, Inc. Mr. Cole has been Project Manager for
many land development and municipal projects. He has
managed projects from the design and permitting phases
through construction inspection and infrastructure
acceptance. He has worked extensively with Naples
Community Hospital since 1991, successfully completing
projects that range from parking garages to the expansion
of Emergency Room facilities.
Other major projects include drainage and roadway
improvements in Pine Ridge Industrial Park; Quail West, a
1,200 -acre residential development including a 36 -hole golf
course; Fiddler's Creek, a 3,930 -acre residential golf course
development; Olde Cypress, a 470 -acre residential golf
course development; Bridgewater Bay, a single /multi - family
development; the master planning and design for First
Baptist Church and Academy (100 -acre project); Longshore
Lake, a residential community.
Mr. Cole has designed facilities on many other
commercial /residential sites. They include: Radiation
Therapy Center, Sports Authority, Collier County Production
Park, North Naples Medical Park, World Tennis Center,
Briarwood and Safe Harbor.
He also serves as the District Engineer for the following
Community Development District (CDD): Lely CDD, Fiddler's
Creek CDD #1 and #2, Hacienda Lakes CDD and Naples
Reserve CDD.
As staff civil engineer and head of facilities management at
the Naval Hospital in Newport, RI, he was responsible for
maintenance and construction of hospital facilities. He
directed a Public Works
Total Years Experience: 32
Years with Hole Montes: 26
maintenance department and coordinated the design and
construction of base facilities. He managed a budget of $2
million per year for maintenance and utilities for base
facilities.
As resident officer in charge of construction at the Naval
Base in New Orleans, LA, Mr. Cole was a Contracts
Administrator. He supervised coordination, planning,
inspection, change order negotiation and project
acceptance for a wide variety of more than 100 projects.
Projects included runway and taxiway improvements,
drainage and sanitary sewer improvements for base
facilities and construction and renovation of new and
existing buildings.
Signature Projects
Fiddler's Creek
Naples Community Hospital Downtown Campus
Naples Community Hospital North Collier Hospital
Quail West
Olde Cypress
Palmetto Ridge High School
First Baptist Church of Naples (Church and Academy)
Seacrest County Day School Expansion
North Naples Research and Technology Park
Pine Ridge Industrial Park
Education
Bachelor of Science, Civil Engineering,
Texas A & M University, 1983
Professional Registration
Professional Engineer, Florida #42347
RESU, be k1Ek Y STAFF
Wilson A. Garcia, P.E., CFM
Project Manager
Mr. Garcia is a Project Manager in the Naples Land
Development Department. His experience and education
are in civil design, highway drainage design and water
management systems. He is responsible for preparation of
engineering reports, site design, permitting, drainage
master plans, hydraulic and hydrologic modeling. He
provides project management for projects during both
design and construction services phases. Mr. Garcia is
experienced in AutoCAD, LDD design, PONDPACK,
STORMCAD, SWMMS, ICPR, HEC -RAS, HEC -HMS, and
WATERCAD.
For the past 14 years, Mr. Garcia has worked for four
regional civil engineering firms in Southwest Florida. He is
experienced in both Collier and Lee County and has
extensive knowledge of regulatory agencies including South
Florida Water Management District (SFWMD) Southwest
Florida Water Management District (SWFWMD), Florida
Department of Transportation,(FDOT), Florida Department
of Environmental Protection and other state and federal
agencies.
Signature Projects
• Collier County, US41 &951 Intersection Improvement
• Lee County, Bermuda Links at Bonita Fairways —
Multifamily
• Collier County, multiple Walgreens sites
• Lee County, multiple Walgreens sites
• Lee County, Walmart site
• Lee County, Baers Furniture site
• Collier County, Advanced Medical Center
• Collier County, Westlake Drainage Improvements
• Collier County, Black Bear Ridge - Single Family
• Collier County, Bucks Run -- Single Family
• Collier County, Mike Davis Elementary School
• Collier County, Golden Gate Parkway 6- 1-anning
• Collier County, Ridge St. Drainage Improvements
• Collier County, Kirkwood Alley Drainage
Improvements
• Collier County, Tuscany Pointe single family
community
Total Years Experience: 16
Years with Hole Montes: 2
Signature Projects (continued)
• Collier County, Golden Gate Parkway Grade
Separated Overpass
• Lee County, Southern CREW Restoration
• Palm Beach County, SR710 PD &E Study
• City of Naples, Basin V Flood Control Improvements
• Puerto Rico , Bridge Scour Reports
• Lee County, Best Management Practice for 10 Mile
Canal
• Collier County, Pepper Ranch Restoration
• Djibouti, Africa, Drainage Master Plan and Design for
Camp Lemonnier,
• Jamaica, Flood Control and Roadway Drainage
Design
• Abu Dhabi, UEA, Airport Expansion
• Qatar, Duhail, Drainage Master Plan for Military
Camp
Education
Universidad Industrial de Santander,Colombia
Bachelor of Science in Civil Engineering, 1998
Professional Registration
Professional Engineer, Florida #62436
ASFPM Certified Floodplain Manager
Professional Affiliations:
Florida Engineering Society
Florida Stormwater Association (FSA)
Association of State Floodplain Managers ( ASFPM)
RESUA0&&&.WY STAFF
Barry E. Jones, P.E.
Senior Project Manager
Mr. Jones is a Senior Project Manager in the Naples Land
Development Department. His civil engineering experience
encompasses a broad spectrum of civil engineering
disciplines from utility management and transportation
engineering to residential and commercial development
design and CDD engineer. His experience as agency reviewer,
developer, and contractor gives him the insight and ability to
maintain a holistic perspective during a project. He will be
responsible for design, permitting, and post design
management of private and public sector projects
throughout Southwest Florida including residential and
commercial land development projects, roadway
improvement projects, pedestrian improvements, and on
and off -site water /sewer improvements. He will also conduct
due diligence studies and prepare code compliant site plans
for residential and commercial development.
Prior to his arrival at Hole Mantes, Mr. Jones has spent the
majority of his civil engineering career working on Southwest
Florida projects. He served as CDD Engineer for VillageWalk.
Private Development Signature Projects
Orchid Run Apartments - Collier County Florida — 320 Unit
apartment complex in Collier County. Responsible for design
and permitting including SFWMD, Collier County SDP, FDEP,
and City of Naples utilities.
Coastal Beverage Maintenance Facility - Naples, Florida.
Fleet maintenance and fueling facility for Coastal beverage.
Responsible for Collier County SDP approval, SFWMD
permitting, City of Naples utilities, and FDEP utility
permitting.
Reflection Lakes - Engle Homes aka TOUSA, Inc. Fort Myers,
FL - Project Manager and Engineer of Record for a 390 acre
mixed -use development.
Beachwalk - Beazer Homes, Premier Homes, and
Throgmartin Development, Fort Myers, FL - Project Manager
and Engineer of Record for a 120 acre mixed -use
development.
Heatherwood Lakes - NBD Development, Cape Coral, FL -
Project Manager and Engineer of Record for a 53 single -
family development in the City of Cape Coral.
Total Years Experience: 25
Years with Hole Montes: 1
Colony Lakes - NBD Development, Fort Myers, FL - Project
Manager and Engineer of Record for a 50 acre single - family
development in Lee County.
Coral Lakes - Transeastern Homes, Cape Coral, FL - Project
Manager and Engineer of Record for a 370 acre mixed -use
development in the City of Cape Coral.
Bella Vida - DR Horton, Cape Coral, FL - Project Manager and
Engineer of Record for a 160 acre master planned residential
community in the City of Cape Coral.
Public Signature Projects
• CAT Transfer Facility on Radio Road, Collier County Area
Transit
• Burnt Store Road , Lee County Department of
Transportation
• Downtown Fort Myers Streetscape Improvements,
City of Fort Myers
• Lakes Park, Permit perimeter enhancements and entry
feature, Lee County Parks and Recreation
• Traffic Signal Plans, Lee County Department of
Transportation
• North Collier Boulevard Bridge over Smokehouse Bay,
Marco Island Public Works
• Sanibel Toll Plaza, Parking & Pedestrian Improvements,
Lee County Department of Transportation
• Summerlin Road Corridor Pedestrian Improvements, Lee
County Department of Transportation
• Plantation Road CEI and Utility Coordination, Lee County
Department of Transportation and City of Fort Myers
Education
University of Florida, Associates of Arts, 1985
University of Florida, Bachelor of Science in Civil
Engineering, 1990
Professional Registration
Professional Engineer, Florida #52675
Professional Affiliations:
American Society of Civil Engineers
Florida Engineering Society
Ronald E. Benson, Jr. Ph.D., P.E.
Senior Vice President / Principal
RESU, & la&" STAFF
As senior vice president and director of the environmental
engineering division, Dr. Benson serves as the Hole Montes
principal -in- charge and in -house technical expert in all areas
of water, wastewater, and hydraulic engineering. Dr.
Benson's experience and expertise covers the fields of
environmental engineering and hydrosystems engineering.
He has experience performing water and wastewater
process evaluations, bench -scale and pilot plant treatability
studies, water and wastewater treatment facility evaluation
and design, wastewater reuse treatment and distribution,
water distribution system analysis and design, sewer system
analysis and design, sewer system evaluation, infiltration
and inflow analysis, sludge dewatering system
investigations and design, and sludge stabilization system
investigation and facility design. Dr. Benson holds
graduate- engineering degrees in both the areas of water
and wastewater engineering, and applications of fluid
mechanics and hydraulics in environmental engineering.
Dr. Benson has led the Hole Montes team for work under
continuing service contracts for a number of municipal
utilities throughout southwest Florida. Many of these
relationships have continued for fifteen to twenty years and
his advice is often sought on both a formal and informal
basis by long -term clients.
In addition to more than twenty years experience in
consulting practice, Dr. Benson has six years experience
teaching courses in hydraulics, hydrology, water resources
engineering, environmental engineering, and wastewater
treatment at accredited engineering schools. He was also
retained by the environmental laboratory at the USAE
Waterways Experiment Station as a research engineer for
two years. Dr. Benson is the author of more than thirty
technical papers and presentations on topics ranging from
biological nutrient removal, sludge stabilization and
dewatering, water treatment enhancement, water quality
in distribution systems, and hazardous waste treatment and
dewatering.
Some of Dr. Benson's professional accomplishments include
the planning and design of biological nutrient removal
facilities and facilities that produce reuse water for
irrigation of golf courses, public parks and rights -of -way,
and residential lawns.
Total Year Experience: 35
Years with Hole Montes: 25
Dr. Benson has been the Engineer of record for Port of the
Islands CID since 1999.
He has also been very involved in assistance with plant
operation, start -up and training to assure that biological
nitrogen removal is achieved to meet the permit limits. In
addition to providing start -up training at facilities he was
involved in the design, he has taught the Advanced
Wastewater Treatment continuing education course for the
Florida Water and Pollution Operators Association for a
number of years.
Dr. Benson has participated in the performance of value
engineering, operability, and constructability reviews on
numerous projects designed by others. His involvement in
these projects, often at key points in design development,
have resulted in significant cost savings, incorporation of
changes to improve treatment capacity for little or nominal
cost, and changes to allow for making these facilities easier
to operate and operator friendly. He has also served as a
BNR process expert involving facilities, designed by others,
that experienced operational problems.
Education
Doctor of Philosophy, Civil Engineering,
Clemson University 1985
Master of Science, Sanitary Engineering,
Georgia Institute of Technology 1979
Bachelor of Science, Civil Engineering,
Ohio Northern University 1978
Professional Registration
Professional Engineer, Florida, #39926
Virginia, North Carolina and Georgia
Professional Affiliations:
American Society of Civil Engineers
American Water Works Association
Florida Water Environment Association
Water Environment Federation
R& SUA0 bA6,.V. Y STAFF
Michael T. Roddis
Construction Inspector
Mr. Roddis has worked as a Construction Field Manager for
more than 20 years. He has been responsible for observing
contractors' work progress for compliance with projects'
plans and specifications and worked closely with engineers
and surveyors to coordinate field surveys and inspections.
In addition, Mr. Roddis is experienced in preparation of
preliminary opinions of construction cost, conducting
preconstruction conferences, coordinating and conducting
periodic progress meetings, preparation and maintenance
of construction records, coordination with underground
utility companies and working with state and local
regulatory agencies regarding permit compliance and
certifications.
Mr. Roddis' experience in the projects below include
responsibility for structural concrete, potable and reuse
water piping, pumping stations and sewer collection
systems. These projects also involved various activities such
as electrical, painting, landscaping, surveying, drainage,
paving and instrumentation. His project experience
includes:
Signature Projects
Collier County North County Water Reclamation
Facility (NCWRF) projects include:
CEI Oxidation Ditch 3
CEI EQ Tank 3
RAS /WAS Pump Station 3 & 4
CEI Filter Set 1
CEI Filter Set 2 Rehabilitation
Brighton Gardens ACLF
Collier County Public Schools — Administrative Center
Collier County Public Schools — School "C"
Collier County Public Schools — Water Use Monitoring
Key West Island Project
Longshore Lake
The Moorings Church
Total Years Experience: 33
Years with Hole Montes: 19
Signature Projects, continued
Collier County South Collier County Wastewater
Treatment Facility Expansion — Phase II
Naples and Marco Island Airports — T Hangar projects
Naples Community Hospital — OB Expansion and other
NCH projects
North Naples Medical Park
Corkscrew Elementary School
Corkscrew Middle School
Cypress Glen Apartments
Fiddlers Creek, Phases IA, IB, II and III
Gulf Coast High School
Olde Cypress —Phase I, II and III
Port of the Islands — Stella Maris and Sunset Cay
Quail Walk
Quail West — Phase I, II and III
Collier County South Collier County Wastewater
Treatment Facility Expansion— Phase II
Turtle Creek Apartments
Various Collier County School District projects
Arrowhead Reserve
Professional Education
International Municipal Signal Association — Zone
Safety Specialist, 1995
Lee County Vo -Tech Traffic Safety Work Area
Specialist, 1995
American Concrete Institute — Concrete Field
Testing Tech, 1995
RFSL) i3Ea k1&aWY STAFF
Thomas M. Murphy, P.S.M. Total Years Experience: 29
Vice President / Director, Survey Division / Shareholder Years with Hole Montes: 28
Mr. Murphy is a Vice President with Hole Montes, Inc. and
manages the company's Survey and Mapping Division. As a
licensed Professional Surveyor and Mapper (P.S.M.), he has
been responsible for several various types of surveys
including Boundary, Topographic, Right -of -Way Mapping,
Mean High Water Line, Hydrographic Surveys and
Construction layout on many large residential
developments including multi - family condominiums.
During Mr. Murphy's years of surveying for Hole Montes,
he has surveyed thousands of acres in Southwest
Florida. He has managed major surveying projects for both
public and private clients including, Collier County
Transportation, Collier County Public Schools, Fiddler's
Creek, Quail West, Lee County Transportation, Miromar
Lakes Beach and Golf Club and Naples Community Hospital.
Sandy Lane/ Via Coconut Point and Coconut Point Lifestyle
Center and Regional Mall, Estero, Florida
Mr. Murphy's department completed survey and mapping
for the extension of Sandy Lane /Via Coconut Point. The
project involved three sections of new four -lane roadway
totaling 3.8 miles in length. It was designed with a 100 foot
right -of -way corridor and required a "fast track" approach
due to a new Coconut Point regional shopping mall, also
designed and surveyed by Hole Montes, which accelerated
the need for the new roadway corridor. This segment of
Sandy Lane / Via Coconut Point provides a north -south
corridor from the City of Bonita Springs to Alico Road.
Coconut Point is a 500 acre parcel which includes 90,000
square feet of office condominiums, residential units and up
to 1.2 million square feet of retail space.
The District School Board of Collier County
Over recent years, Mr. Murphy has conducted Boundary /
As -built surveys of four schools in Immokalee and four in
Naples. The surveys of these schools were required to
include a 50 foot grid topo, location of trees, buildings,
adjacent right -of -ways and utility indicators including
inverts, pipe types and sizes to be used in the design of
expanding the facilities.
Signature Projects
• LCU / BSU Emergency Interconnect; Lee County Florida
• Minnesota Twins Expansion Parcel, Lee County
• Boston Red Sox Spring Training Facility, Lee County
• Gladiolus Drive widening, Lee County Dept. of
Transportation (DOT)
• Picayune Strand Restoration Project, US Army Corps of
Engineers
(USACE)
• Merit Island Pump Station, USACE
• Carrell / Winkler Utility Improvements, City of Fort
Myers
• Extension of Via Coconut Point / Sandy Lane, Lee County
DOT
• The Widening of Alico Road, Lee County DOT
• The widening of Immokalee Road, Collier County DOT
• The Widening and Extension of Livingston Road, Collier
County DOT
• Southwest Florida International Airport, Lee County Port
Authority
• Page Field Airport, Lee County Port Authority
• Private developments including Coconut Point Regional
Mall & Lifestyle Center, Miromar Lakes, Fiddler's Creek,
Quail West and others
Professional Registration
Professional Surveyor and Mapper, Florida #LS5628
Professional Affiliations
Florida Society of Professional Land Surveyors,
Lee Chapter
National Society of Professional Surveyors
RESUW& la&"Y STAFF
John J. Hilton, P.S.M. Total Years Experience: 29
Senior Land Surveyor Years with Hole Montes: 2
As Professional Surveyor and Mapper, Mr. Hilton is
responsible for horizontal and vertical control calculations,
record surveys, photogrammetric control surveys and
construction layout of subdivisions and roads; boundary
surveys of section, township, range, subdivisions, and metes
and bounds; topographic surveys for engineering design,
quantity surveys and hydrographic surveys; aerial
photography for horizontal and vertical control; surveys for
construction projects, mortgage updates, condominiums and
environmental jurisdiction lines; construction layout of
underground utilities, roadways, subdivision platting,
buildings, etc.; Roadway control and design surveys.
Mr. Hilton recently joined Hole Montes, bringing his 15 years
of Southwest Florida Survey experience to the firm.
Signature Projects
2009 — 2011, Turkey Point Nuclear Power Plant, near
Homestead, Florida
Scope of project included establish horizontal and vertical
control for entire site, establish horizontal and vertical control
for new Spent Rod Facility, locate underground utilities and
provide plans for design.
2007 — 2008 Collier Regional Medical Center, Collier County,
Florida
Services included boundary survey, construction stake out,
and project as- builts.
2004 -2005 Naples Airport Expansion, Naples, Florida
Services included establish project boundary, establish
horizontal and vertical control for new improvements.
2003 Golden Gate Firehouse #73, Collier County, Florida
Construction survey services including stake out.
Collier County Roadway Design and Control Surveys include:
2007 — 2009 Golden Gate Parkway Capacity Improvements
2005 — 2006 Vanderbilt Beach Road Extension
2001— 2003 Golden Gate Parkway 6- laning
Surveying manager and project survey responsible for
overseeing the production of the horizontal and vertical
control networks; topographic, boundary, control and right -of-
way maps; title search analysis and production of legal
descriptions.
Education
International College (now Hodges University), Naples,
Florida
1996 -99: Completed 90 of the 122 credits toward
Bachelor's Degree in Accounting
Professional Registration
Professional Surveyor and Mapper, Florida #6278
Ben Nowell
CAD Technician
Mr. Nowell is a Senior CAD Technician in the Survey
Department of Hole Montes. His responsibilities include
reviewing field crew data, preparing boundary resolutions,
reviewing easements and title commitments, field crew set-
up for construction staking, and managing several survey
databases including Excel spreadsheets, drawings, and plat
logs. He has extensive experience in reviewing
Commitments for Title Insurance and identifying property
encumbrances. He is highly proficient in all AutoCAD
versions through 2014 and Carlson Survey CAD 2007 -2014.
Mr. Nowell has been responsible for creating survey
drawings for numerous projects throughout Southwest
Florida including vacant parcel boundary surveys and
exhibits, topographic and ALTA /ASCM Land Title Surveys.
He also has extensive experience utilizing sonar and other
point data to develop topographic and hydrographic
surveys.
Signature Projects
Fiddler's Creek, Naples, Collier County, Florida
Fiddler's Creek is a 6000 unit residential /golf course
community encompassing 3,932 acres in southern Collier
County. Hole Montes has been the Surveyor of Record for
the community and has provided various types of surveys
including Boundary, Topographic, Right -of -Way,
Hydrographic and Construction lay -out and ALTA surveying.
Mr. Nowell is the lead CAD tech for the platting at the
community and was responsible for the drawings that
located features obtained by the field crew. He also
overlaid the survey on a current aerial photo.
Airport Stormwater Survey, Southwest Florida
International Airport (RSW) Fort Myers, Lee County,
Florida
Hole Montes, Inc. has recently completed the Field Survey
of the Stormwater Infrastructure throughout the Airport
including the location and elevation, as well as size and type
of pipes. The work area of the project was both inside and
outside of the security fenced area necessitating Staff
_:C \::x•.1.4 �: <+�^`F!^
E S U A46M. STAFF
Total Years Experience: 16
Years with Hole Montes: 16
to complete the required Refresher Course for working in
these areas. Mr. Nowell was responsible for preparing the
design survey indicating the location of the existing
features and for showing topographic features and exhibits.
Alico Road Widening, Fort Myers, Lee County, Florida
The Lee County Department of Transportation ( LCDOT)
selected Hole Montes, Inc. to provide engineering,
surveying and project management services for this
extensive project that involved the six - laning of an
approximately three mile stretch of high- traffic roadway
from U.S. 41 to the intersection of Interstate 75. Hole
Montes provided complete design services for this
extensive transportation project, as well as surveying,
permitting and construction management services.
Although the original bid and DOT plans called for Hole
Montes to design a four -lane road improvement, the
LCDOT decided midway through the design stage that the
project should be expanded to six - lanes. The LCDOT knew
that the roadway would have to be widened in the next five
to ten years to meet growing traffic needs, so they gave
Hole Montes permission to design the expansion so the
necessary six -lane construction could take place all at once.
Hole Montes utilized its Global Positioning System (GPS)
expertise and the latest GPS technology to assist them in
the right -of -way mapping. Mr. Nowell was responsible for
preparing the design survey indicating the location of the
existing features as well as producing the raw maps.
Education
Architecture Wurzburg College, Germany, 1991
RESUW& QFWS sd STAFF
Rick Korneff
CAD Technician
Mr. Korneff is a new member of the Hole Montes Survey
Department in the role of CAD Technician. Proficient in 2D
and 3D drafting platforms, Arc GIS software producing
boundary, topographic, 3- dimesional, site plans, and all
sorts of maps, Trimble and Leica GPS, Robotic,
Conventional equipment, software and procedures, Field
controller support with Trimble and Leica, providing
background maps, survey styles, field code libraries,
alignments, DTM models for staking, field equipment
diagnosis and repair coordination, scheduling and
coordinating field crews, horizontal and vertical datum,
adjustments, conversions, geoids, coordinate zones, and
construction layout.
Signature Projects
Prior to joining Hole Montes, Mr. Korneff was responsible
fo r:
Villagewalk of Bonita Springs 1 square mile residential
multi -phase community, 10 year plus project. Project
technician providing all survey technical services, platting,
homebuilding, infrastructure, etc with minimum
supervision. Rick was given the opportunity to make
changes to the survey procedures used to prepare the
homebuilding documents and calculations. It was during
this time that the project went from non - profitable to
profitable.
Vanderbilt Beach Road I surveying services, drafting and
production of mapping the existing conditions of part of the
northerly right -of -way of the westerly 1.5 miles from 951.
The project included mapping the existing features, DTM
mapping and section preparation, aerial mapping and
notation, and providing a quality product exceeding
minimum technical and aesthetic standards.
Total Years Experience: 16
Years with Hole Mantes: 2
Bent Creek, Bent Creek Phase IA, Bent Creek Phase Two
drafting and production services. Prepared Legal
Descriptions, Boundary survey, Plat, infrastructure
calculations, homebuilding and supporting documents.
Construction caics, field coordination, asbuilts. Coordinated
production and services with Engineering.
Cordera drafting and production services. Prepared Legal
Descriptions, Boundary survey, ALTA survey, Plat and
supporting documents. Coordinated production with
Engineering.
Solaro at Pelican Preserve drafting and production services.
Prepared Legal Descriptions, Boundary survey, Plat and
supporting documents. Coordinated production with
Engineering
Education
Edison State College I Associate in Arts Degree, General
Education, 2012
Edison State College I Bachelor of Applied Science,
Business Management and Supervision, Current
Professional Certifications:
CST Certification
RELEVANT ANDA "ST14MRIENCE
Lake Erosion Repairs:
Lake Erosion is a growing concern throughout southwest Florida and the entire state.
Erosion has affected most developments, homeowner associations, private and public
property, and golf courses throughout Florida and is an issue that needs to be taken
seriously. Lake bank erosion is caused by a variety of natural factors that include:
• Continuous change in water elevation due to the change of seasons
• Strong winds can cause waves that damage the shoreline
• Stormwater runoff causes damage without proper drainage, especially when lake
levels are low and the shoreline is exposed
• Fish, such as the armored catfish, which burrow into and may cause the collapse of
lake banks
In our work with the Fiddler's Creek CDDs, Hole Montes, Inc. (HM) provided an inventory
of lakes /repairs needed as well as design, bidding and construction inspection of repair
areas.
The work was phased so as to accommodate budget constraints and has covered
approximately 30 lakes throughout the community. Currently, HM has coordinated
completion of four phases for Fiddler's Creek CDD #1 and 3 phases for Fiddler's Creek
CDD #2.
HM has provided similar services for Beachwalk, Longshore Lakes, Heron's Glen and
other developments.
Collier County, Florida
CLIENT: FIDDLER'S CREEK CDD #1 AND #2
DISCIPLINES:
CIVIL ENGINEERING
PERMITTING
SURVEY
CEI
KEY PERSONNEL;
W. TERRY COLE, P,E.
THOMAS M. MURPHY, PSM
MICHAEL RODDIS
START DATE: 2011
COMPLETION DATE: IN PROGRESS
dsployed by perpn ion
displayed by permission
Fiddler's Creek Community and CDD Services: Naples, Collier County, Florida
This 6,000 unit residential /golf course community encompasses 3,932 acres located in
southern Collier County. Hole Montes, Inc. has provided extensive engineering and surveying
services and participated inthe planningand environmental permittingef this ongoing project.
The Fiddler's Creek property is part of a unique and comprehensive settlement between
the previous owner and many state and local regulatory agencies. Under this agreement,
permission was given to develop this property in exchange for giving up development rights
to sensitive environmental lands near Marco Island. Although the agreement contained
vested development rights for the property, final approval by governmental agencies was
required prior to the project's development.
Extensive coordination was required with the U.S. Fish and Wildlife Service. Consequently,
a carefully developed wildlife habitat and management plan was designed, approved and
incorporated into the U.S. Army Corps of Engineers permit. The wildlife habitat area consists
of nearly 200 acres at the south end of the project. It was set aside as a habitat for wading
birds and a bald eagle nesting site. A major feature of the wildlife preserve is a three -mile
meandering man -made creek with a long shallow wading bird area. The preserve was
incorporated into the project as a combined recreational amenity, stormwater outfall and
wetland enhancement area.
Hole Montes also serves as the District Engineer for the Community Development Districts
which have been created for this project. Responsibilities have included establishing the
District's construction bonds and the design, permitting, inspection and review of the District
infrastructure. Additional permits have been required from the State (FDOT, SFWMD, FDEP
and NPDES) and County Jurisdictions.
CLIENT: GULF BAY DEVELOPMENT
DISCIPLINES:
CIVIL ENGINEERING
SITE DEVELOPMENT
SURVEY SERVICES
LANDSCAPE ARCHITECTURE
KEY PERSONNEL:
W. TERRY COLE, P. E.
BARRY JONES, P.E.
THOMAS M. MURPHY, P.S.M.
START DATE: 1994
COMPLETION DATE: ONGOING
CONSTRUCTION COST. $150+ MILLION
RELEVANT ANDA AS- FIX.P" IE:NCE
Lely CDD:
Naples, Collier County, Florida
Lely CDD is composed of the South Naples community of Lely Resort (1750 acres and 9,150
approved residential units) combined with the adjacent communities to the north, the CSS
has a service area that includes over 3,000 acres, 850 acres of natural preserve and 850,000
square feet of commercial property.
As CDD Engineer, Hole Montes provides consultant services in regard to water use permitting,
infrastructure maintenance issues, review of development projects, and design of projects
as directed by the CDD Board of Supervisors.
Responsibilities have included the design, permitting, inspection and review of the District
Infrastructure. Additional permits have been required from the State (SFWMD, FDEP and
NPDES) and County Jurisdictions.
CLIENT: LELYCDD
DISCIPLINES:
CIVIL ENGINEERING
SITE DEVELOPMENT
SURVEY SERVICES
KEY PERSONNEL:
W. TERRY COLE, P.E.
BARRYJONES, P.E.
WILSON GARCIA, P.E.
THOMAS M. MURPHY, P.S.M.
START DATE: 2002
COMPLETION DATE: ONGOING
RELEVANT ANC)A A`;3T. &4W &R1ENCE
Port of the Islands CID:
Port of the Islands is beautiful waterfront resort community located both north and south of
Tamiami Trail, east of Marco Island in Collier County, Florida. The Port of the Islands Community
Improvement District (CID) was formed in 1990 in order to encourage development and to
provide the local governmental services for the Port of the Islands planned community.5ervices
include treatment and distribution of potable water, collection and treatment of wastewater
or sewage, distribution of irrigation water, fire protection system provided from the irrigation
storage tanks as well as a canal pump station for back -up, road maintenance, stormwater
management, and other similar municipal services needed by the Port of the Islands
Community. The community consists of two hotels, a 174 slip marina, 165 si ngl e fam ily lots, 644
multifamily units, and undeveloped property with a pproximately 220 potential buildi ngsites.
Hole Montes has been the District Engineer at Port of the Islands since the inception of
the District. During the past twenty plus years, in addition to the typical general services
performed by a District Engineer, Hole Montes designed the wastewater treatment
and water reclamation facility which provides high quality reuse water for irrigation,
designed the dual -water potable and irrigation systems, and most recently designed
a new potable water treatment plant. In addition to design services, Hole Montes
has provided services during construction of the infrastructure at Port of the Islands.
Collier County, Florida
CLIENT: PORT OF THE ISLANDS CID
DISCIPLINES:
WATER AND WASTEWATER FACILITIES
CIVIL ENGINEERING
KEY PERSONNEL:
RONALD E. BENSON, PH.D., P.E.
H. CLIFFORD PEPPER III; P.E.
1ERRYTARICSI(A, PH.D., P.E.
RELEVAN -r IANDAIA &F APERIENCE
The Brooks at Bonita Springs and CDD Services. Estero, Lee County, Florida
Hole Monteswas the Engineer of Record fora project originally known as the Sweetwater
Ranch which was later developed as the Brooks at Bonita Springs and Coconut Point.
The project is made up of approxirnately 5 sections of land in Estero, Florida.
Work initially began on the project in the late 1980's when the land was utilized for
farming. A primary task included topographic surveying and the setting and monitoring
of shallow groundwater wells for the determination of seasonal water level trends.
Permitting through the South Florida Water Management District and USACOE for the
project incorporated the design of a wetland flowway system, re- establishing a hydraulic
connection of on -site wetlands to the existing Halfway Creek watershed, designed to
mimic the pre - existing natural conditions and incorporated the existing conditions
monitoring data. In addition, the flowway was extended through the project to the
east and connected to culverts passing through the 1 -75 right -of -way for a hydraulic
connection to land east of 1 -75 to redirect floodwaters from the Imperial River basin
after the early 1990's flooding.
The developer worked in conjunction with Lee County and the SFWMD on the flowway
design that provides the dual purpose of area -wide flood control and re- establishment
of hydro- period of the existing wetland systems on site. The flowway consisted of lakes
and swales excavated through cap rock adjacent to the wetland areas. The flowway was
designed as an outfall for most of the drainage basins within The Brooks and Coconut
Point. Control structures consisting of broadcrested weirs were designed within the
flowway to maintain the water levels at the historic water table elevations. The weirs
and several culvert crossings were modeled and designed using HEC•RAS river routing
software. The project is currently home to several thousand residents and includes over
a million square feet of retail commercial development.
CLIENT: OAKBROOK PROPERTIES AND
THE BROOKS COMMUNITY
DEVELOPMENT DISTRICT (CDD)
DISCIPLINES:
CIVIL ENGINEERING
SITE DEVELOPMENT
SURVEY SERVICES
PERMITTING
HYDROLOGIC MODELING
KEY PERSONNEL:
THOMAS W. MCLEAN, P.E.
RICHARD E. BRYLANSKI, P.E.
THOMAS M. MURPHY, P.S.M.
START DATE: 1980'5
COMPLETION DATE: ON -GOING
RELEVANT ANDARAG- FIAPfiRIENCE
Gateway Services District CDD:
Gateway was originally a 5,600 -acre DRI community located in Lee County just north of
the Southwest Florida International Airport and east of 1 -75. Since the inception of the
project however, the parcel has been divided into Gateway and Pelican Preserve. Hole
Montes, Inc. was a key member of the development team that worked on the Gateway
community. Hole Montes served the Developer (WCI) for land planning, land surveying,
civil engineering and construction administration of the water management systems,
the roadway systems, the utilities and community amenities.
Hole Montes also served as the Engineer of Record for the Gateway Services District
Community Development District (GSD) for the District roadways, street lighting and
recreational facilities. Financing for the COD's infrastructure has been provided by tax -
exempt bonds issued through the Gateway Services Community Development District,
which was created under the State's Uniform Community Development Act of 1980,
as amended. Facilities are owned, operated and maintained by the Gateway Services
District in order to retain high standards and appearance throughout the community.
Hole Montes provided GSD with the customary design and permitting services for the
CDD's infrastructure, as well as furnishing other services to conduct the COD operations.
GatewaySoccer Park is a uniqueexample of completion ofa COD projectwith partnership
and funding assistance completed with Lee County. Hole Montes served as park's
designer, permitting agent, and construction supervisor for the original project, as well
as several expansion projects. The projects were publicly bid and administered within
strict County and District public funding guidelines.
Fort Myers, Lee County, Florida
CLIENT: GATEWAYSERVICEs DISTRICT
DISCIPLINES:
CIVIL ENGINEERING
KEY PERSONNEL:
RICHARD BRYLANSKI, P.E.
CHARLES KREBS RE.
START DATE: 1986
COMPLETION DATE: ONGOING
RELEVANT ANDARASTIa W&IIENCE
South Bay Community Development District. Ruskin, Hillsborough County, Florida
Little Harbor is a one -of -a -kind coastal village located along the eastern banks of Tampa
Bay. It features colorful and captivating amenities both on and off the water. The
development includes single family home sites, condominiums and a hotel /resort. The
community also offers a marina in an "Old Florida" theme with large boats docks, dry
storage, ship store and Harbor Master facilities. Other exceptional amenities are a white
sand beach, public pier, playground, restaurant and banquet facility with a view of the
Sunshine Skyway Bridge.
The South Bay Community Development District (CDD) is a local, special purpose
government entity authorized by Chapter 190 of the Florida Statutes as amended, and
created in February, 2004 by ordinance of Hillsborough County as an alternative method
of planning, acquiring, operating and maintaining community -wide improvements. This
CDD provides Little Harbor the means to establish higher construction standards, while
providing a long -term solution to the operation and maintenance of the community's
facilities.
Hole Montes serves as District Engineer providing customary CDD services to operate
and maintain all of the District's assets and provide review of infrastructure funding and
dedication by the Developer. The District Engineer's responsibilities include: preparation
and submittal of a proposed engineering budgets for Board review and action;
preparation of contract specifications for District infrastructure, including community
appearance, waterway management, street lighting and facilities maintenance; review
all required forms and documents as CDD Engineer of Record; attendance at all Board of
Supervisor meetings; implementation the policies of the Board and preparation of the
Engineer Report for infrastructure acquisition, construction and funding.
CLIENT. SOUTH BAYCOMMUNITY
DEVELOPMENT DISTRICT
DISCIPLINES:
CIVIL ENGINEERING
KEY PERSONNEL:
RICHARD BRYLANSKI, P.E.
CHARLES KREBS P.E.
START DATE: 2004
COMPLETION DATE: ONGOING
RELEVANT ANDARAST406RIENCE
University Square CDD
The University Square Community Development District (CDD) which encompasses
Mirornar Design Center, formerly known as the I nternationaI Design Center, and Miromar
Outlets. Hole Montes serves as District Engineer providing customary CDD services to
operate and maintain all of the District's assets and provide review of infrastructure
funding and dedication by the Developer.
Miromar Design Center is a commercial development located to the south of Corkscrew
Road between the main entrance to the residential community of Stoneybrook and 1 -75.
The 38.2 acre site is made up of a mixture of Commercial Plan Development (CPD) and
Commercial General (CG) zoning under the name of Miromar Square CPD. Currently, the
IDC, a CVS Pharmacy, and internal roads are constructed on the site with approximately
12 acres still available for development. The site has access to Stoneybrook Golf
Boulevard and Corkscrew Road.
Miromar Outlets is situated on a 75 -acre parcel located north of Corkscrew Road,
between 1 -75 and Ben Hill Griffin Parkway. The project is a portion of the Timberland
and Tiburon DRI, and is zoned CPD with 700,000 s.f of building area approved. Miromar
Outlets features more than 140 top designers and brand name outlets, plus restaurants,
banks, a gas station and the main offices for Miromar Development Corporation. This
is an open air mall with the majority of the shops accessible from the main pedestrian
boulevard.
Estero, Lee County, Florida
CLIENT. MIROMAR DEVELOPMENT CORP.
DISCIPLINES:
CIVIL ENGINEERING
SITE DEVELOPMENT
PERMITTING AND ZONING SERVICES
KEY PERSONNEL:
RICHARD E. BRYLANSKI P.E.
CHARLES KREBS, P.E.
THOMAS MURPHY, P.S.M.
START DATE: 2001
COMPLETION DATE: ONGOING
RELEVANT ANDARASTIXPfiRIENCE
Miromar Lakes Beach & Golf Club:
Miromar Lakes is centered around more than 700 acres of freshwater lakes and two
18 -hole golf courses. The property, located between Naples and Fort Myers on Florida's
Southwest Gulf Coast, features a beach club framed by nearly two miles of beach. Along
with a large resort -style pool surrounded by cabanas, a state -of- the -art fitness center
and European -style spa, the development also offers eight Har -Tru tennis courts and a
planned learning center.
Miromar benefits from Hole Montes' long history of permitting many projects in the
vicinity of the development. Hole Montes, Inc., was selected to provide general site and
civil consultation for Miromar Development in regard to the overall water management
system design. Hole Montes was also selected to provide site and civil design for
several residential and club amenity tracts, which are in the preliminary stages. Our
Land Development team works closely with the Survey and Engineering departments
at Miromar in the overall design and subdivision platting of more than 1,600 acres to
create the combination of private club luxury with the ambience of an exclusive world -
class resort and golf course.
Hole Montes is providing the site and civil design and permitting services as Miromar
expands its DevelopmentofRegional Impact (DRI) project byapproximately 500acres with
the potential of 2,346 total residences. The additional phase requires the assessment of
important issues related to the core infrastructure, including stormwater management,
earthwork, roadway network, land planning and environmental mitigation.
Hole Montes has been the Engineer of Record for the Miromar Lakes Community
Development District (CDD) since its establishment in December of 2000.
South Fort Myers, Lee County, Florida
CLIENT: MIROMAR DEVELOPMENT CORP.
DISCIPLINES:
CIVIL ENGINEERING
SITE DEVELOPMENT
PERMITTING AND ZONING SFRVICFS
KEY PERSONNEL:
RICHARD E. BRYLANSKI P.E.
CHARLES KREBS, P.E.
THOMAS MURPHY, P.S.M.
START DATE: 2001
COMPLETION DATE: ONGOING
Agenda Package 70
e y " %
PENINSULA �
September 1, 2015
Heritage Bay Community Development District (CDD)
c/o Calvin Teague, District Manager
5911 Country Lakes Drive
Ft Myers, Florida 33905
Subject: Heritage Say CDD
CDD Engineer and General Engineering Services
Peninsula Engineering - Letter of Interest
Dear Mr, Teague:
Please accept this as our Letter of Interest in response to your recent Request for Engineering Qualifications
(RFQ) for continuing professional engineering services for The Heritage Bay CDD.
With a combined experience of over 80 years of local knowledge and civil engineering expertise, Peninsula
Engineering is capable of providing a full complement of Civil Design, Construction Management and Site & Land
Planning services. While Peninsula Engineering has only been in operation for approximately 6 years, our staff
possesses a varied and comprehensive list of skills obtained from performing Civil Design and Site Planning /Land
Planning on many of our community's largest and most recognizable land development projects, including
Heritage Bay itself. It is our strong belief that the expertise, knowledge and relationships with regulatory personnel
that our staff has developed over time, as well as our ability to provide quality service on time and at competitive
rates, can be of value to the District as it continues to maintain, improve and enhance the infrastructure within the
CDD, as well as the lifestyle of its residents.
We trust that the information enclosed with this submittal to the Districts' Request for Qualifications is satisfactory.
Should you have any questions, or if you would like more information about Peninsula Engineering, please do not
hesitate to contact me at 239- 262 -2600, or via email at ienglish @barroncollier.com.
Sincerely,
Pl N1R -J.SU A ENGI ERING
rhnC, nglish E., LEED -AP
oject Manager
MCM C4oldon G,I(v [',i;kwNtof, 11mi,h 34 IiIS ltlicr ?31V103.6706 1'. 23V.1rii.171) 7
Agenda Package 71
Statement of Qualification (SOQ)
Professional General Engineering Services
for
Heritage Bay Community Development District (CDD)
Requested by:
Heritage Bay CDD
c/o Calvin Teague, District Manager
5911 Country Lakes Drive
Ft Myers, Florida 33905
Prepared:
August 2015
2600 Golden Gate Pkwy
Naples, FL 34105
239- 262 -2600
Agenda Package 72
PENINSULA ENGINEERING
TABLE OF CONTENTS
A. FIRM INTRODUCTION AND STAFFING
B. TEAM OF PROFESSIONALS
C. UNDERSTANDING OF SCOPE REQUIREMENTS
D. CONDENSED RESUME AND RELEVANT EXPERIENCE
E. LOCATION OF FIRM
F. FIRM EXPERIENCE
Agenda Package 73
PENINSULA ENGINEERING
A. FIRM INTRODUCTION AND STAFFING
Peninsula Engineering provides professional, comprehensive services for civil
engineering projects of all sizes. Our areas of expertise include civil engineering design
permitting, and construction management services, utilizing the most current software
design systems and technologies in the marketplace. In addition to multiple CAD
designers and support personnel, Peninsula Engineering possesses a staff of five
Professional Engineers (P.E.'s) with combined design, permitting and development
experience in SW Florida of approximately 80 years. Peninsula Engineering possesses
sufficient CAD, management and technical staff to accommodate a wide variety of
projects.
Our Project Managers focus on design solutions that are cost effective and on schedule,
while providing our clients with exceptional service and communication. Peninsula
Engineering prides itself on the fact that our project managers are highly involved in
every level of our projects, from inception to completion. In addition, our ability to be
"nimble" in terms of response to requests from our clients provides Peninsula
Engineering with an advantage over larger firms in the area.
Founded on the principles of our parent company, Barron Collier Companies, Peninsula
Engineering adheres to the deeply rooted values of its pioneering predecessors.
Southwest Florida has been our home for over one hundred years and we remain
stewards of the land we inhabit, incorporating these high standards into every project we
oversee.
Services provided include:
• Residential and Commercial Subdivision Site Design
• Site and Land Planning
• Drainage, Utility and Roadway Master Planning
• Surface Water Management and Drainage Design
• Wastewater Collection and Water Distribution System Design
• Earthwork Analysis
• Roadway and Paving Design
• Cost Estimates and Schedules
• Agency Liaison and Permitting Coordination
• Due Diligence and Feasibility
• Site Renovations
• Geographic Information Systems (GIS)
• HOA, PDX and CDD Engineering
• Project Management
• Construction Management
Agenda Package 74
PENINSULA ENGINEERING
B. TEAM OF PROFESSIONALS
• David B. Genson, P.E., M.B.A.
Managing Principal
20+ years' experience
• John C. English, P.E., LEED AP
Senior Project Manager
20+ years' experience
• David J. Hurst, P.E., LEED AP
Project Manager
15+ years' experience
• Daniel F. Waters, P.E.
Project Manager
15+ years' experience
• Rebecca Am P.E.
Project Engineer
12+ years' experience
Agenda Package 75
PENINSULA ENGINEERING
C. UNDERSTANDING OF SCOPE REQUIREMENTS
It is our understanding that the scope of services that may be required by the Heritage Bay
COD is generally as follows:
1. The COD Engineer will be required to provide engineering contract management and
inspection services during construction for COD infrastructure (water management lakes,
lake interconnects, control structures, perimeter landscape buffers) owned /provided by
the District, as authorized within Chapter 190, Florida Statutes. In addition, the Engineer
will prepare Bid Specifications and associated contract documents for District projects,
as required.
2. The COD Engineer will be responsible for preparation of any necessary reports in
support of, and attendance at, meetings of the District's Board of Supervisors and
Committee meetings, as needed.
3. The COD Engineer will be required to provide assistance to the COD Board and attend
meetings with necessary parties involving various projects including but not limited to
bond issues, special reports, plans review, permit review, feasibility studies, or other
tasks as the Board may require.
4. The COD Engineer will assist the CDD Board in waterway management, including lakes,
wetlands and preserves, as well as assist in annual Capital Improvement Planning.
5. On behalf of the District, the CDD Engineer will coordinate with governmental agencies
and entities, including, but not limited to: the South Florida Water Management District
(SFWMD), the City of Naples, and Collier County.
6. Should a NPDES MS -4 (Phase 11) Permit be required, the CDD Engineer will prepare
and support necessary applications and reports, and assist the CDD in maintaining
compliance as required.
Agenda Package 76
PENINSULA ENGINEERING
D. CONDENSED RESUME AND RELEVANT EXPERIENCE
John English, P.E.
2012 - Present, Peninsula Engineering — Senior Project Manager
1995 -2012, WilsonMiller /Stantec — Vice - President
VeronaWalk CDD — while at WilsonMiller /Stantec, Mr. English served.as the CDD Engineer for this 1,700
(t) unit Pulte community. Duties included; design, permitting, construction management and bidding
services for CDD projects, as well as assistance in developing a lake management plan to address erosion
and escarpment issues,
Heritage Bay CDD — while at WilsonMillerlStantec, Mr. English served as the CDD Engineer for this 2,200
(t) unit Lennar community, Duties included; design, permitting, construction management and bidding
services for CDD projects, as well as assistance in developing a lake management plan to address erosion
and escarpment issues.
Numerous Residential Communities — since beginning his engineering career Mr. English served as
Project Manager and Project Engineer /Engineer of Record on numerous residential
communities /subdivisions, including; Town of Ave Maria, Estuary at Grey Oaks, Grey Oaks, Pelican Marsh,
Pelican Landing, Bonita Bay and Heritage Bay.
David Hurst, P.E.
2013 - Present, Peninsula Engineering — Project Manager
2012 -2013, SFWMD Water -Use Section Leader
1999 -2012, Wilson Mille r /Stantec — Sr. Project Manager
1. IslandWalk —while at WilsonMiller /Stantec, Mr. Hurst served as both the Project Engineer and Project
Manager for multiple phases of development within this community. Duties included; design, permitting,
construction management and bidding services. In addition, Mr. Hurst worked with the HOA after turn -over
to assist in development of their water quality enhancement project.
VeronaWalk — while at WilsonMiller /Stantec, Mr. Hurst served as the Project Manager for this Pulte
community from the beginning of the development process. Duties included; design, permitting, construction
management and bidding services. Mr. Hurst also worked with the CDD and community representatives to
assist the community with the countywide transition to the new FEMA Flood Plain maps.
3. Heritage Bay— while at WilsonMiller /Stantec, Mr. Hurst served as the Project Manager for multiple phases
of development within the community. Duties included; design, permitting, construction management and
bidding services. In addition, Mr. Hurst worked with the developer and CDD to create and implement a plan
to address lake bank erosion and escarpment issues pursuant to SFWMD concerns,
Dan Waters, P.E.
2014- Present, Peninsula Engineering — Project Manager
2011 -2014, SFWMD LWC Administrator, Water Management Section Leader
1999 -2011, WilsonMiller /Stantec — Sr. Project Manager
SFWMD — while at SFWMD, Mr. Waters served as the administrator of the regulatory program for the Lower
West Coast Service Center (LWCSC) of the South Florida Water Management District. While administrator
of the LWCSC, Mr. Waters was responsible for supervision of the District's permitting and post permit
compliance activities including the consumptive (water) use permitting and environmental resource
permitting and compliance.
Ave Maria Master Planning — both at WilsonMiller /Stantec and Peninsula Engineering, Mr. Waters served
as the Project Manager for updates to the master plan for the Ave Maria Community. Duties included;
design, permitting, and master planning for the community's storm water management system, potable
water distribution system, and wastewater collection and transmission system.
Agenda Package 77
PENINSULA ENGINEERING
E. LOCATION OF FIRM
PENINSULA ENGINEERING
F. FIRM EXPERIENCE (Select Projects)
2014
Agenda Package 78
Maple Ridge — Phase 3
Client
CC Ave Maria
Location
Collier County, Florida
Peninsula Engineering is providing site and infrastructure design and permitting services for
the proposed development of the next phase of residential development within the Maple
Ridge subdivision located in eastern Collier County. The Project consists of 211 single family
units, approximately 9,200 LF of roadway, as well as an extensive network of infrastructure
improvements to support the proposed development. Current cost estimates for the
projected infrastructure are over $5 million.
Coquina at Maple Ridge — Phase 1
Client
CC Ave Maria
Location
Collier County, Florida
Peninsula Engineering is providing site and infrastructure design and permitting services for
the proposed development of an innovative single family neighborhood development within
the larger Maple Ridge subdivision located in eastern Collier County. The Project consists of
121 single family units, and is comprised of a substantial amount of infrastructure demolition
and relocation to accommodate the proposed change in design from existing multi- family
residential and commercial infrastructure development to single family development. Current
cost estimates for the projected modifications are over $1.4 million.
University Highlands ERP Modification
Client
University Highlands Limited Partnership
Location
Estero, Florida
Peninsula Engineering continues to provide engineering design, permitting and client support
services for this 208 (t) acre multi -use tract located in proximity to Florida Gulf Coast
University and directly adjacent to Germain Arena in Estero. The recent ERP Modification for
this project involved realignment of various internal drainage basins, as well as the hydraulic
modeling to evaluate offsite stormwater flows and updated existing stormwater infrastructure
information. A current approximation of land value associated with the UHLP site is roughly
$21 million.
Agenda Package 79
PENINSULA ENGINEERING
2013
University Highlands FDOT Drainage Connection Permit
Client
University Highlands Limited Partnership
Location
Estero, Florida
Peninsula Engineering provided engineering design and permitting services for the proposed
drainage outfall for the 208 (t) acre UHLP site into the 1 -75 ROW, This application included
design and analysis using the FDOT Critical Storm Analysis, as well as coordination with
FDOT staff regarding the establishment of a Joint Use Pond Agreement between the
Developer and FDOT for an onsite shared use stormwater management pond.
Maple Ridge — Phases 1 and 2
Client
CC Ave Maria
Location
Collier County, Florida
Peninsula Engineering provided site and infrastructure design and permitting services, and as
well as construction management for the establishment of the residential subdivision of Maple
Ridge at Ave Maria located in eastern Collier County. These combined Projects consist of a
158 single family units, approximately 7,200 LF of roadway, as well as an extensive network
of infrastructure improvements to support the proposed development. The combined budget
for the infrastructure improvements is over $3.1 million.
Moorings Park Independent and ALF Campus — Phase 1
Client
HCCMP, LLC
Location
Naples, Florida
Peninsula Engineering is providing site and infrastructure design and permitting services for
the first phase of a new satellite campus for an Independent and Assisted Living Facility for
Moorings Park at Grey Oaks. This current phase of the Project consists of 32 independent
living units, as well as associated infrastructure and amenities. Peninsula Engineering
provided engineering services and coordinated Site Plan Approval and Design Review Board
approvals through the City of Naples for the entire project, inclusive of future phases. Current
cost estimates for the projected infrastructure of Phase 1 are over $1.3 million.
Bayshore Retirement Memory Care Facility
Client
Bayshore Retirement Living
Location
Naples, Florida
Peninsula Engineering is providing site and infrastructure design and permitting services for a
new memory care facility located in proximity to the NCH North Campus. This Project
consists of a 73 beds, necessary staff support infrastructure, and associated paving, drainage
and utility improvements. Current cost estimates for the projected infrastructure are
$500,000.
PENINSULA ENGINEERING
2012
Agenda Package 80
Devoe Cadillac 2013 Renovation
Client
Devoe Cadillac
Location
Naples, Florida
Peninsula Engineering is providing site and infrastructure design, permitting services and
construction services for a complete site renovation for a site built in 1968. Distinct
challenges for this project were extensive demolition and construction staging due to the
need to keep the site in operation during construction in this highly urbanized area. Current
estimates for the projected infrastructure costs are $670,000.
La Playa Beach Resort Water Main /Fire Main Renovation
Client
La Playa Beach Resort
Location
Naples, Florida
Peninsula Engineering provided infrastructure design and permitting services for the
replacement of the domestic water line and fire sprinkler line that had become corroded due
to long term exposure to salt water present in the groundwater. A distinct challenge for this
project was the need to keep the business in operation and fire protection active during
construction in this high end resort facility. Total costs for the utility and site related
improvements are approximately $20,000.
Arthrex Commerce Park — Phase 2
Client
Ave Maria Development
Location
Collier County, Florida
Peninsula Engineering provided site and infrastructure design and permitting services for the
second phase of a multi -lane divided roadway in eastern Collier County. This Project consists
of approximately 1,800 LF of roadway and associated infrastructure with a projected
construction cost of approximately $400,000.
Ave Maria Gas Station
Client
Ave Maria Development
Location
Collier County, Florida
Peninsula Engineering provided site and infrastructure redesign and permitting services, as
well as construction management services for a new gas station at Ave Maria in eastern
Collier County, Total site related construction costs for this project were $38,000.
Agenda Package 81
PENINSULA ENGINEERING
2011
Traditions at Grey Oaks
Client
Halstatt Partners
Location
Collier County, Florida
Peninsula Engineering provided design, permitting and construction services for a 60 unit
condominium and 63 unit subdivision in this high end residential community located within the
larger Grey Oaks development.
Arthrex Commerce Park — Phase 1
Client
Ave Maria Development
Location
Collier County, Florida
Peninsula Engineering provided site and infrastructure design, permitting and construction
management services for a phased multi -lane divided roadway located in eastern Collier
County. Total site and infrastructure costs for this project were approximately $2.4 million.
Heritage Bay
Community Development District
Financial Report
August 31, 2095
Prepared by
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
Non -Ad Valorem Special Assessments
Cash and Investment Report
Bank Reconciliation
Check Register and Invoices
........................... ............................... Page 4
........................... ............................... Page 5
....................... .............................. Page 6
...................... ............................... Page 7
.......................... ............................... Pages 8 - 25
Heritage Bay
Community Development District
Financial Statements
(Unaudited)
August 31, 2015
HERITAGE BAY
Community Development District
Balance Sheet
August 31, 2015
Governmental Funds
SERIES 2014
DEBT
GENERAL SERVICE
ACCOUNT DESCRIPTION FUND FUND TOTAL
ASSETS
Cash - Checking Account
$ 47,239
$ -
$ 47,239
Due From Other Funds
-
2,594
2,594
Investments:
Certificates of Deposit - 24 Months
51,193
-
51,193
Money Market Account
26,635
-
26,635
Deferred Cost
-
7,695
7,695
Reserve Fund
-
605,210
605,210
Revenue Fund
-
478,338
478,338
TOTAL ASSETS
$ 125,067
$ 1,093,837
$ 1,218,904
LIABILITIES
Accounts Payable $ - $ - $
Due To Other Funds 2,594 - 2,594
TOTAL LIABILITIES 2,594
FUND BALANCES
Restricted for:
Debt Service
Assigned to:
1,093,837 1,093,837
Operating Reserves 25,744 - 25,744
Reserves - Erosion Control 58,000 - 58,000
Unassigned: 38,729 - 38,729
TOTAL FUND BALANCES $ 122,473 $ 1,093,837 $ 1,216,310
TOTAL LIABILITIES & FUND BALANCES $ 125,067 $ 1,093,837 $ 1,218,904
Report Date: 9/10/2015 Page 1
HERITAGE BAY
Community Development District General Fund
Statement of Revenues,Expenditures and Changes in Fund Balances
For the Period Ending August 31,2015
ANNUAL
ADOPTED YTD YTD VARIANCE($) AUG-15
ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ACTUAL
REVENUES
Interest-Investments $ 500 $ 458 $ 395 $ (63) $ 2
Special Assmnts-Tax Collector 249,995 249,995 250,000 5 -
Special Assmnts-Discounts (10,000) (10,000) (9,096) 904 -
TOTAL REVENUES 240,495 240,453 241,299 846 2
EXPENDITURES
Administration
P/R-Board of Supervisors 4,800 4,000 7,200 (3,200) 1,000
FICA Taxes 367 305 551 (246) 77
ProfServ-Arbitrage Rebate 600 600 600 - -
ProfServ-Dissemination Agent 1,000 1,000 1,000 - -
ProfServ-Engineering 15,000 13,750 11,645 2,105 919
ProfServ-Legal Services 7,000 6,416 12,691 (6,275) -
ProfServ-Mgmt Consulting Sery 38,246 35,059 35,059 - 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 6,815 - 6,815 -
ProfServ-Web Site Maintenance - - 343 (343) -
Auditing Services 3,600 3,600 3,600 - -
PostageandFreight 1,300 1,191 2,557 (1,366) 1,299
Insurance-General Liability 13,673 13,673 12,754 919 -
PrintingandBinding 1,400 1,284 1,293 (9) 375
Legal Advertising 1,400 1,284 1,858 (574) -
Misc-Bank Charges 750 682 608 74 47
Misc-Assessmnt Collection Cost 5,000 5,000 4,818 182 -
Office Supplies 550 504 330 174 -
Annual District Filing Fee 175 175 200 (25) -
Total Administration 110,426 104,088 102,107 1,981 6,904
Field
ProfServ-Field Management - - 11,000 (11,000) 1,000
Contracts-Lake and Wetland 55,944 51,282 52,882 (1,600) 5,062
R&M-Aquascaping 24,125 22,113 12,415 9,698 -
R&M-Lake Erosion 35,000 32,084 43,313 (11,229) -
R&M-Contingency 15,000 13,750 5,900 7,850 -
Wall Improvements - - 38,263 (38,263) 5,570
Total Field 130,069 119,229 163,773 (44,544) 11,632
[TOTAL EXPENDITURES 240,495 223,317 265,880 (42,563) 18,536
Net change in fund balance $ - $ 17,136 $ (24,581) $ (41,717) $ (18.534)
FUND BALANCE,BEGINNING(OCT 1,2014) 147,054 147,054 147,054
FUND BALANCE,ENDING $ 147,054 $ 164,190 $ 122,473
Report Date:9/10/2015 Page 2
HERITAGE BAY
Community Development District Series 2014 Debi Service Fund
Statement of Revenues, Expenditures and Changes in Fund Balances
For the Period Ending August 31, 2015
ANNUAL
ADOPTED YTD YTD VARIANCE($) AUG-15
ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ACTUAL
REVENUES
Interest-Investments $ - $ - $ 61 $ 61 $ 6
Special Assmnts-Tax Collector 1,308,564 1,308,564 1,308,564 - -
Special Assmnts-Discounts (52,343) (52,343) (47,609) 4,734 -
ITOTAL REVENUES 1,256,221 1;256,221 1,261,016 4,795 6 I
EXPENDITURES
Administration
ProfServ-Property Appraiser 19,628 19,628 - 19,628 -
Misc-Assessmnt Collection Cost 26,171 26,171 25,219 952 -
Total Administration 45,799 45,799 25,219 20,580 -
Debt Service
Principal Debt Retirement 270,000 270,000 270,000 - -
Interest Expense 476,311 476,311 476,311 - -
Total Debt Service 746,311 746,311 746,311 - -
TOTAL EXPENDITURES 792,110 792,110 771,530 20,580 -
Excess(deficiency)of revenues
Over(under)expenditures 464,111 464,111 489,486 25,375 6
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 $ 464,111 $ 489,486 $ 25,375 $ 6
FUND BALANCE,BEGINNING(OCT 1,2014) 604,351 604,351 604,351
FUND BALANCE,ENDING $ 1,068,462 $1,068,462 $1,093,837
Report Date:9/10/2015 Page 3
Heritage Bay
Community Development District
Supporting Schedules
August 31, 2015
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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 BY FUND
Discount/ Gross
Date Net Amount (Penalties) Collection Amount General Debt Service
Received Received Amount Costs Received Fund Fund
Assessments Levied $ 1,558,564 $ 250,000 $ 1,308,564
Allocation% 100% 16% 84%
10/29/14 $ 12,833 $ 726 $ 262 $ 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
03/31/15 45,361 62 926 46,349 7,435 38,915
04/30/15 23,362 (165) 477 23,674 3,797 19,876
06/01/15 4,179 (124) 85 4,140 664 3,476
06/22/15 3,090 (92) 63 3,061 491 2,570
TOTAL $ 1,471,822 $ 56,705 $ 30,037 $ 1,558,564 $ 250,000 $ 1,308,564
%COLLECTED 100% 100% 100%
TOTAL OUTSTANDING $ - $ - $ -
Report Date:7/13/2015 Prepared by:
Page 5
Severn Trent Management Services
Heritage Bay
Community Development District
Cash and Investment Balances
August 31, 2015
ACCOUNT NAME BANK NAME MATURITY YIELD BALANCE
GENERAL FUND
Operating Checking Account-MuniNow SunTrust N/A 0,10% $ 47,239
Certificate of Deposit-24 Months(#9194) BankUnited 02/13/16 0.52% 51,193
Money Market Account Stonegate Bank N/A 0.25% 26,635
Subtotal General Fund 125,067
DEBT SERVICE FUND
Series 2014 Deferred Cost Fund US Bank N/A 0.05% 7,695
Series 2014 Reserve Fund US Bank N/A 0.05% 605,210
Series 2014 Revenue Fund US Bank N/A 0.05% 478,338
Subtotal Debt Service 1,091,243 (1)
Total $ 1,216,310
Note 1 Invested in First American Obligation Fund
Report Date:9/17/2015 Prepared By:
Page 6
Severn Trent Management Services
Heritage Bay COD
Bank Reconciliation
Bank Account No. 5148 SunTNet-GF
Statement No. 08-15REV
Statement Date 87312015
GIL Balance(LCY) 47.23938 Statement Balance 59,589.20
Gil Balance 47.239.38 Outstanding 0epoete 0.00
Positive Adjustments 0.00 '-- -- --_--
- ------- Subtotal 59,58920
Subtotal 47,23938 Outstanding Checks 12349.82
Negative Adjustments 0.00 Oinerencee 000
Ending GIL Balance 47,238.38 Ending Balance 47,239.38
Deference 0.00
Posting Document Document Cleared
Date Type No. Description Amount Amount Difference
Oetstarding Checks
8/312015 Payment 881 BRIDGING SOLUTIONS LLC 5,57500 0.00 5,57000
8/31)2015 Payment 882 SEVERN TRENT ENVIRONhEN F/LL SFRVIC 5881,32 0.00 5,861.32
8131)2015 Payment 883 STANTEC CONSULTING SERVICES NC, 81850 0.00 91500
Total Outstanding Checks—......._.....__........_...__...__._...__.................–_.......................–.. 12,3 9.82
Page 7
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2700 North Military Trail•Suite 350
Boca Raton,Florida 33431
Grau& Associates (561)994-9299•(800)299-4728
Fax (561)994-5823
CERTIFIED PUBLIC ACCOUNTANTS www.graucpa.com
August 4,2015
To Board of Supervisors
Heritage Bay Community Development District
210 N.University Drive, Suite 702
Coral Springs,FL 33071
We are pleased to confirm our understanding of the services we are to provide Heritage Bay Community Development District,
Collier County, Florida ("the District")for the fiscal year ended September 30, 2015.We will audit the financial statements of
the governmental activities and each major fund, including the related notes to the financial statements, which collectively
comprise the basic financial statements of Heritage Bay Community Development District as of and for the fiscal year ended
September 30, 2015. In addition, we will examine the District's compliance with the requirements of Section 218.415 Florida
Statutes.This letter serves to renew our agreement and establish the terms and fee for the 2015 audit.
Accounting standards generally accepted in the United States of America provide for certain required supplementary
information (RSI), such as management's discussion and analysis (MD&A), to supplement the District's basic financial
statements. Such information, although not a part of the basic financial statements, is required by the Governmental
Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial
statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain
limited procedures to the District's RSI in accordance with auditing standards generally accepted in the United States of
America.These limited procedures will consist of inquiries of management regarding the methods of preparing the information
and comparing the information for consistency with management's responses to our inquiries,the basic financial statements,
and other knowledge we obtained during our audit of the basic financial statements.We will not express an opinion or provide
any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an
opinion or provide any assurance.
The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures,
but will not be audited:
1) Management's Discussion and Analysis.
2) Budgetary comparison schedule
Audit Objectives
The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented, in all
material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the
supplementary information referred to in the second paragraph when considered in relation to the financial statements as a
whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America
and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the
United States, and will include tests of the accounting records of the District and other procedures we consider necessary to
enable us to express such opinions. We will issue a written report upon completion of our audit of the District's financial
statements.We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it
is necessary for us to modify our opinion or add emphasis-of-matter or other-matter paragraphs. If our opinion on the financial
statements is other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to
complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or issue a
report,or may withdraw from this engagement.
We will also provide a report (that does not include an opinion) on internal control related to the financial statements and
compliance with the provisions of laws, regulations,contracts,and grant agreements, noncompliance with which could have a
material effect on the financial statements as required by Government Auditing Standards. The report on internal control and
on compliance and other matters will include a paragraph that states(1)that the purpose of the report is solely to describe the
scope of testing of internal control and compliance, and the results of that testing, and not to provide an opinion on the
effectiveness of the District's internal control on compliance,and(2)that the report is an integral part of an audit performed in
accordance with Government Auditing Standards in considering the District's internal control and compliance. The paragraph
will also state that the report is not suitable for any other purpose. If during our audit we become aware that the District is
subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to
management and those charged with governance that an audit in accordance with U.S.generally accepted auditing standards
and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal,
regulatory,or contractual requirements.
• Heritage Bay Community Development District 2
Examination Objective
The objective of our examination is the expression of an opinion as to whether the District is in compliance with Florida Statute
218.415 in accordance with Rule 10,556(10)of the Auditor General of the State of Florida. Our examination will be conducted
in accordance with attestation standards established by the American Institute of Certified Public Accountants and will include
tests of your records and other procedures we consider necessary to enable us to express such an opinion. We will issue a
written report upon completion of our examination of the District's compliance. The report will include a statement that the
report is intended solely for the information and use of management, those charged with governance, and the Florida Auditor
General, and is not intended to be and should not be used by anyone other than these specified parties. We cannot provide
assurance that an unmodified opinion will be expressed.Circumstances may arise in which it is necessary for us to modify our
opinion or add emphasis-of-matter or other-matter paragraphs. If our opinion on the District's compliance is other than
unmodified,we will discuss the reasons with you in advance. If,for any reason,we are unable to complete the examination or
are unable to form or have not formed an opinion,we may decline to express an opinion or issue a report, or may withdraw
from this engagement.
Management Responsibilities
Management is responsible for the financial statements and all accompanying information as well as all representations
contained therein. Further,management is responsible for compliance with Florida Statute 218.415 and will provide us with the
information required for the examination. The accuracy and completeness of such information is also management's
responsibility. As part of the audit, we will assist with preparation of your financial statements and related notes in conformity
with U.S. generally accepted accounting principles based on information provided by you. These nonaudit services do not
constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with
Government Auditing Standards.You agree to assume all management responsibilities relating to the financial statements and
related notes and any other nonaudit services we provide. You will be required to acknowledge in the management
representation letter our assistance with preparation of the financial statements and related notes and that you have reviewed
and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. In
addition, you will be required to make certain representations regarding compliance with Florida Statute 218.415 in the
management representation letter. Further, you agree to oversee the nonaudit services by designating an individual,
preferably from senior management, who possesses suitable skill, knowledge, or experience; evaluate the adequacy and
results of those services;and accept responsibility for them.
Management is responsible for establishing and maintaining effective internal controls, including evaluating and monitoring
ongoing activities, to help ensure that appropriate goals and objectives are met;following laws and regulations; and ensuring
that management is reliable and financial information is reliable and properly reported. Management is also responsible for
implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements.
You are also responsible for the selection and application of accounting principles,for the preparation and fair presentation of
the financial statements and all accompanying information in conformity with U.S. generally accepted accounting principles,
and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements.
Management is also responsible for making all financial records and related information available to us and for the accuracy
and completeness of that information. You are also responsible for providing us with(1)access to all information of which you
are aware that is relevant to the preparation and fair presentation of the financial statements, (2)additional information that we
may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we
determine it necessary to obtain audit evidence.
Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the
written representation letter that the effects of any uncorrected misstatements aggregated by us during the current
engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the
financial statements taken as a whole. As part of our engagement,we may propose standard adjusting, or correcting journal
entries to your financial statements. You are responsible for reviewing the entries and understanding the nature of the
proposed entries and the impact they have on the financial statements.
You are responsible for the design and implementation of programs and controls to prevent and detect fraud,and for informing
us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have
significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements.
Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the
government received in communications from employees, former employees, grantors, regulators, or others. In addition, you
are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts,
agreements, and grants and for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of
laws,regulations,contracts or grant agreements,or abuse that we report.
Management is responsible for establishing and maintaining a process for tracking the status of audit findings and
recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements,
performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This
responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting
from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing
management's views on our current findings, conclusions, and recommendations,as well as your planned corrective actions,
for the report,and for the timing and format for providing that information.
Heritage Bay Community Development District 3
With regard to using the audit's report,you understand that you must obtain our prior written consent to reproduce or use our
report in bond offering official statements or other documents.
With regard to the electronic dissemination of audited financial statements, including financial statements published
electronically on your website,you understand that electronic sites are a means to distribute information and,therefore,we are
not required to read the information contained in these sites or to consider the consistency of other information in the
electronic site with the original document.
Audit Procedures—General
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements;
therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An
audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant
accounting estimates made by management,as well as evaluating the overall presentation of the financial statements.We will
plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are
free of material misstatement, whether from (1) errors, (2)fraudulent financial reporting, (3) misappropriation of assets,or(4)
violations of laws or governmental regulations that are attributable to the government or to acts by management or employees
acting on behalf of the government. Because the determination of abuse is subjective, Government Auditing Standards do not
expect auditors to provide reasonable assurance of detecting abuse.
Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will
not perform a detailed examination.of all transactions, there is a risk that material misstatements may exist and not be
detected by us,even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing
standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or
violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. Our
responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not
engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may
include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and
liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request
written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry.At
the conclusion of our audit,we will require certain written representations from you about your responsibilities for the financial
statements; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by
generally accepted auditing standards.
Audit Procedures—Internal Control
Our audit will include obtaining an understanding of the government and its environment, including internal control,sufficient to
assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further
audit procedures.Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to
preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting
misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the
financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal
control and,accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing
Standards.
An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses.
However, during the audit,we will communicate to management and those charged with governance internal control related
matters that are required to be communicated under AICPA professional standards and Government Auditing Standards.
Audit Procedures—Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement,we will
perform tests of the District's compliance with the provisions of applicable laws,regulations,contracts,agreements,and grants.
However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an
opinion in our report on compliance issued pursuant to Government Auditing Standards.
Engagement Administration, Fees,and Other
We understand that your employees will prepare all cash or other confirmations we request and will locate any documents
selected by us for testing.
The audit documentation for this engagement is the property of Grau & Associates and constitutes confidential information.
However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available
upon request and in a timely manner to a cognizant or oversight agency or its designee, a federal agency providing direct or
indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit
findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit
documentation will be provided under the supervision of Grau &Associates personnel. Furthermore, upon request, we may
provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to
distribute the copies or information contained therein to others, including other governmental agencies. Notwithstanding the
foregoing, the parties acknowledge that various documents reviewed or produced during the conduct of the audit may be
public records under Florida law.The District agrees to notify Grau&Associates of any public record request it receives that
involves audit documentation.
Our fee for these services will not exceed $3,600 for the September 30, 2015 audit. This agreement may be renewed each
year subject to the mutual agreement by both parties to all terms and fees. The fee for each annual renewal will be agreed
upon separately.
The audit documentation for this engagement will be retained for a minimum of five years after the report release date. If we
are aware that a federal awarding agency or auditee is contesting an audit finding,we will contact the party(ies)contesting the
audit finding for guidance prior to destroying the audit documentation.
Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Invoices will be
submitted in sufficient detail to demonstrate compliance with the terms of this agreement. In accordance with our firm policies,
work may be suspended if your account becomes 60 days or more overdue and may not be resumed until your account is paid
in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon
written notification of termination,even if we have not completed our report.You will be obligated to compensate us for all time
expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on
anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered
during the audit. If significant additional time is necessary,we will discuss it with you and arrive at a new fee estimate.
We will provide you with a copy of our most recent external peer review report and any letter of comment,and any subsequent
peer review reports and letters of comment received during the period of the contract. Our 2013 peer review report
accompanies this letter.
We appreciate the opportunity to be of service to Heritage Bay Community Development District and believe this letter
accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree
with the terms of our engagement as described in this letter,please sign the enclosed copy and return it to us.
Very truly yours,
Grau&Associates
4rvv4ki4t/ ---
Racquet McIntosh
RESPONSE:
This letter correctly sets forth the understanding of Heritage Bay Community Development District.
.._,..- i
By:
Title: CI- rttun�
Date: i` - /- I
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Heritage Bay Community Development District 5
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Heritage Bay CDD
Severn Trent Services Field Management Report
Site Inspection - 8/26/2015
1. Lake Management:The water level has risen due to the summer rains and water
is now flowing out of the outfall structures.Algae issues improved and weed
growth was minimal.Additional lake maintenance information is found below,
lake issues are low density unless otherwise noted.
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a. Algae: 1,2, 3,4,6,8,9, 10, 11, 15, 17, 19,26,&27.Great improvement
was observed on lake 4 as compared to last month.
7/15/15 8/26/15
1: . a .
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1
b. Littorals:The Engineer for the LaMorada project tells me the contractor
will be finished with repairs on the berm and in tract U by the middle of
September. I noticed the silt fence was still in place and we will make
sure it is removed as well.Torpedo grass is already heavy in the affected
area, but it appears that spike rush may be coming back also.
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c. Rocks:The south east corner of lake 30A continues to be an issue with the
weeds.Treatment is necessary.
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d. Weeds: No issues observed.
i. Alligator Weed in Lakes: 10&18.
ii. Brazilian Pepper: No issues observed.
iii. Cattails in Lakes: No issues observed.
iv. Climbing Hemp Vine in Lakes: No issues observed.
v. Spatterdock:No issues observed.
vi. Hydrilla in Lakes: No issues observed.
vii. Illinois Pond Weed in Lakes: No issues observed.
viii. Red Ludwigia:No issues observed.
2
ix. Torpedo Grass in La kes : 6, 10, 11(medium density pictured
below) 18, 19, 24, 30A,&308.
e. Fish: No issues observed.
f. Trash in Lakes: Minimal trash observed, no need for aclean-up.
g. Bulkheads: No issues observed.
h. Clippings in Lakes:7&11. Adding additional organic material to the lakes
should be minimized if at all possible to prevent the possibility of algae
blooms.
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2. Dissolved Oxygen(D.O.)Tests:The next tests are scheduled for December 2015.
3. Lake Bank Erosion:
a. Erosion is still present on the south bank of lake 2 on the western section
of the lake.
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b. The twa washouts discovered on the golf course side of lake 4 during last
month's inspection appear to have been repaired. No evidence of issues
were still present during this month's inspection,
c. The repair by Copeland Southern appears to be holding.The drain pipe
has come loose and needs to be reattached.The contractor has been
contacted to fix this issue.
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•
d. The south bank of lake 4 was damaged recently by a painting company
when they were using a heavy lift that began to slide into the water.The
HOA has agreed to repair any damage to the lake bank. peep ruts were
also observed on the bank of lake 5,it appears that this damage was
caused by the same type of equipment or by the landscape crew.
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e. Erosion on the golf course side of the bridge on lake 4 was observed.The
erosion is beginning to undermine the cart path and should be repaired
to prevent future damage to the cart path.The estimated cost for repairs
is$500.00.
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f. There continues to be a depression on the golf side of lake 5 that may
need repair eventually.The estimated costs for repairs is$1,000.00
$1,500•00.
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g. Changes were made to the 17th hole (lake 5)as you can see in the before
and after photos.We will continue to monitor this area to make sure that
erosion does not develop in this area with the new slope to the lake
bank.
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h. A asho u
t just off the cart path on the golf course side of lake 13 has
been filled with sand,but may need to be filled with a ore suitable
material that will not wash away with heavy rains.We will continue to
monitor this area.
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I. The washout has reappeared on lake 19 where the golf course has made
a repair previously. Gravel fill or rip rap is recommended to be used
instead of sand for the repair to help withstand the heavy water flow this
area experiences.
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J. The golf course has filled in the erosion mentioned previously on lake 24
with pellets left over from the course aeration.
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4. Storm Drainage System:
a. Control Structures:Water was observed flowing unimpeded to the
Cocohatchee Canal(L3000CO3& L3000CO2 pictured below).
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i. MRI removed the blockage in the inter-connect between lakes 12
&20 and water is now flowing properly as illustrated in the photo
below of L12L20.
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ii. Cattails were observed in structure W2L30 that need to be
sprayed out.
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b. Drains: No issues observed.
c. Roadway Catch Basins: No issues observed.
d. Catch Basins: No issues observed.
e. Inter-Connect/Drain Pipes: No issues observed.
7
f. Illicit Discharges: No issues observed.
g. Lake Drainage Pipes:
i. A drain at the north west corner of lake 1 in the cart path is
showing signs of erosion again.This issue should be addressed to
prevent possible damage to the cart path.The estimated costs for
repair is$1,000.00.
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4
U. The repairs Buttonwood is doing behind Terrace 5 is almost
complete.The connections just need to be made in a few
locations.We will ensure that the connections are made
' appropriately.
e fix.! ,�-Z $ `J # Wes.
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8
5. Fish/Wildlife Observations: Island applesnails and eggs were observed just
outside the outfall of lake 308.These snails are a non-native species to Florida.
The Florida Fish and Wildlife Conservation Commission and the Florida
Department of Environmental Protection are sponsoring research to assess the
potential effects of this introduced species. Clusters of pink(NOT white)eggs are
encouraged to be destroyed.
ito
®Bass ®Bream I Catfish I Gambusia
® Egrets ®Herons ❑Coots [Gallinules
®Anhinga I I Cormorant 11 Osprey L Ibis
Woodstork 7 Ott er ®Alligators ®Snakes
®Turtles 1 Other Species: Tilapia,Jack
6. Residential Complaints/Concerns: No issues reported.
7. Non-CDD Issues Observed:
a. The pile of rip rap mentioned in last month's report is still present on the
southwest corner of lake 2 on the western section of the lake. Trash
items from this pile were floating in the lake.
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b. The two Brazilian pepper
been trees removed observed. off of the tee boxes on holes 5&
25 (lakes 1&27) have
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c. The control structure behind the clubhouse pool was found covered with
heavy debris.The structure was cleaned off, but regular maintenance of
this area should be performed to prevent possible flooding issues.
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d. A broken irrigation riser was observed on the south west corner of lake 9
off of hole 7.
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e. Water was observed flowing freely through the control structure to the
west of Escambia Bay Court in the Quarry preserve area.
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11
8. Follow up items:
Heritage Bay CDD
Follow Up Tasks Summary
Follow Up Task Reported On Assigned Action Completed
Erosion on lakes 1,2,4,5,6,10,12,14,17,19,22,23,24,308 11/25/2014
Floating Pipes lakes 1,2,5,7,8,9,10,11,13,14,17,19,24,26 9/25/2014
Repair broken pipe on lake 3 5/27/2015 Golf Course In Process
Repair pipe on lake 5 5/27/2015 Golf Course In Process
Remove Brazilian pepper trees on holes 5&25 7/15/2015 GolfCourse Completed
Remove trash on the bank of lake 2 7/15/2015 Golf Course
Field Manager Tasks
Inspect video of interconnect recordings 9/25/2014 Completed
Write letter to The Quarry requestingremoval ofBrizillian Quarry Community
10/17/2014 In Progress
Pepper Trees Associaiton
Golf Course trimmings In the lakes 10/17/2014 Golf Course Discusswith Superintendent when
water recedes
Lake Bank Review On Going
Littoral Planting Reviews On Going
Erosion Restoration Site Visit Completed
Contact Southwest Development regarding lake 27 repair 7/15/2015 Southwest In Progress
Development
CDD Contractor Tasks
Spray out grasses/weeds along lake banks mentioned 7/15/2015 Lake&Wetlands Completed
Spray out weeds on 30A&in control structure W2L30 8/26/2015 Lake&Wetlands
HOA Contractor Tasks
Homeowner Complaints/Concerns
12
Heritage Bay CDD
Severn Trent Services Field Management Report
Site Inspection -
1. Lake Management:The water level continues 9/16/2015 to be elevated with the
rains.Algae issues are increasing as expected in the summer months with heavy he
warmer tempe
the
but need to be watched,A pontoon base was observed
tied to the dock the day of the inspection. Additional lake maintenance
information is found below,all lake issues are low density unless otherwise
noted.
7-
a. Algae: 1,2,3,4,8(moderate), 10, 11(moderate), 12, 15, 19, 20,25,27
(moderate), &30B.
Lake 11 Lake 27
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b. Littorals:The littorals continue to be healthy and appear to be spreading
throughout the lake banks.A growing palm tree needs to be removed
from the canna on the west side of lake 20 of off hole#1.
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c. Rocks:The southeast corner and east side of lake 30A continue to be an
issue with the weeds.Treatment is necessary.
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d. Weeds: There were groupings of unidentified weeds that should be
sprayed out on lake 21.Additional weed details are below.
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i. Alligator Weed in Lakes: 10& 18.
ii. Brazilian Pepper: No issues observed.
iii. Cattails in Lakes: No issues observed.
iv. Climbing Hemp Vine in Lakes: No issues observed.
2
veral clusters were
v. Spatterdock in lakes:2(pshould ictured) &12.Se
observed in lake 2 and sprayed out to prevent
additional clusters from forming.
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vi. Hydrilla in Lakes: No issues observed.
vii. Illinois Pond Weed in Lakes: 30A&30B.The pond weed is
starting to become pronounced once again.Treatments wilt
resume once the water levels decrease.
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ii. Red g N o
ix. Torpedo Ludwi Grass ia in in Lakes:lakes: o 3,4,issues 5(high), 10 bserved.(moderate), 11
19, 20(moderate),21,24,&30A.
vi
Lake 5(moderate}, 12, 18, Lake 20 „,,,,,, ,.,,,„, :,:,,,,,x,::
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e. Fish: No issues observed.
3
f. Trash in Lakes: Minimal trash observed, no need for a clean-up.
g. Bulkheads: No issues observed.
h. Clippings in Lakes: 10, 12,&30B.Adding additional organic material to
the lakes should be minimized if at all possible to prevent the possibility
of algae blooms.
Lake 12 Lake 30B
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2. Dissolved Oxygen (D.O.)Tests:The next tests are scheduled for December 2015.
3. Lake Bank Erosion:
a. A new washout was discovered on the homes side of the southwest
corner of lake 4 just off of the green of hole#13.Adding filter fabric and
rip rap would likely repair this area.The estimated cost for repairs is
$500.00-$750.00.
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b. The deep ruts observed on the bank of lake 5 have been covered with
new sod.
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c. Copeland Southern has re secured the drain pipe that was floating after
the repair on the southwest end of lake 5.
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d. The washout just off the cart path on the golf course side of lake 13 has
recently been covered with filter fabric and rip rap.
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4. Storm Drae ye
a. Control aing Structurem:
I. The Sstshrubbery covering L5L6 should likely be cut back so that amlawr drainage is not impeded.
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ii. Cattails were observed in structure W2130 that need to be
sprayed out.
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b. Drains:It is helpful if grass is trimmed away from all of the drains to help
improve drainage during heavy rains.A few drains behind the homes off
of Smokehouse Bay Dr.were covered with grass.
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c. Roadway Catch Basins: No issues observed.
d. Catch Basins: No issues observed.
e. Inter-Connect/Drain Pipes: No issues observed.
6
f. Illicit Discharges: No issues observed.
g. Lake Drainage Pipes: No new issues observed.
5. FIsh/Wildlife Observations:
❑ Bass Li Bream I I Catfish ❑Gambusia
®Egrets ®Herons ❑Coots ❑Gallinules
®Anhinga ( I Cormorant ❑Osprey (J Ibis
Woodstork [Otter ®Alligators Snakes
®Turtles Other Species: Rabbit
6. Residential Complaints/Concerns: No issues reported.
7. Non-CDD Issues Observed:
a. The pile of rip rap remains on the southwest corner of lake 2 on the
western section of the lake.
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b. A Brazilian pepper tree was observed off of the green of hole#8.
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c. A broken irrigation riser is still present on the south west corner of lake
11 off of hole#8.This was mistakenly reported as lake 9 and hole#7 last
month.The irrigation break appears to be causing an erosion issue and
should be repaired.
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d. The control structure behind the clubhouse remained free of debris this
month.
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e. A tree was observed blown over behind the townhomes on the
northwest corner of lake 308.
8
f. A dead royal palm was observed on the southwest corner of lake 30A
near the dock.
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g. The contractor for LaMorada has installed new landscaping on the berm
in front of Tract U.We have contacted the Engineer for this project and
requested that WCI be notified that the plantings are not adequate to
restore the landscape.
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h. A broken riser was observed in the berm landscaping in line with the
outfall of lake 30B.
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8. Follow up items:
Heritage Bay CDD
Follow Up Tasks Summary
Follow Up Task Reported On i Assigned Action Com pleted
Erosion on lakes 1,2,4,5,6,10,12,14,17,19,22,23,24,308 , 11/25/2014
Floating Pipes lakes 1,2,5,7,8,9,10,11,13,14,17,19,24,26 9/25/2014
Repair broken pipe on lake 3 5/27/2015 Golf Course In Process
Repair pipe on lake 5 5/27/2015 Golf Course In Process
Remove Brazilian pepper trees on holes 5&25 7/15/2015 ; Golf Course Completed
Remove trash on the bank oflake2 7/15/2015 Golf Course
Repair irrigation riser on lake 11 causing erosion 9/16/2015 Golf Course
Field Manager Tasks
Inspect video of interconnect recordings 9/25/2014 Completed
Write letter to The Quarry requesting removal of Brizillian Quarry Community
10/17/2014 In Progress
Pepper Trees Associaiton
Discuss with Superintendent when
Golf Course trimmings in the lakes i 10/17/2014 . Golf Course water recedes
Lake Bank Review • On Going
•
Littoral Planting Reviews • On Going
Erosion Restoration Site Visit Completed
Southwest In Progress
Contact Southwest Development regarding lake 27 repair 7/15/2015 Development
CDD Contractor Tasks
Spray out weeds on 30A&in control structure W2L30 8/26/2015 Lake&Wetlands
Address algae concerns&various weed issues on lakes 2, 9/16/2015 I Lake&Wetla nds
5,8,10,11,12,20,21,&27
Cut palm on the west bank oflake 20 9/16/2015 Lake&Wetlands
HOA Contractor Tasks
Homeowner Complaints/Concerns
10
NOTICE OF REVISED MEETING SCHEDULE
HERITAGE BAY
COMMUNITY DEVELOPMENT DISTRICT
The Board of Supervisors of the Heritage Bay Community Development District will
hold their meetings for Fiscal Year 2016 in the Heritage Bay Clubhouse, 10154 Heritage Bay
Boulevard, Naples Florida, at 9:00 a.m. on the first Thursday of every other month unless
otherwise indicated as follows:
October 1,2015
December 3,2015
January 7,2016
March 3,2016
May 5,2016
August 4,2016
The meetings are open to the public and will be conducted in accordance with the
provision of Florida Law for Community Development Districts. The meetings may be
continued to a date,time,and place to be specified on the record at the meeting.
There may be occasions when one or more Supervisors will participate by telephone.
Any person requiring special accommodations at this meeting because of a disability or
physical impairment should contact the District Office at (954) 753-5841 at least two calendar
days prior to the meeting.
Each person who decides to appeal any action taken at these meetings is advised
that person will need a record of the proceedings and that accordingly, the person
may need to ensure that a verbatim record of the proceedings is made, including
the testimony and evidence upon which such appeal is to be based.
Calvin Teague
District Manager